GA Code § 3-4-41 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-41. Petition for Referendum; Notice of Call for Referendum

  A referendum election to authorize the issuance of licenses for the package sale of distilled spirits may be initiated upon an ordinance or resolution from the governing authority of any municipality or county or upon a written petition containing the signatures of at least 20 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality. Such superintendent, upon validation of the ordinance, resolution, or petition, shall be required to call and conduct a referendum election as provided for in Chapter 2 of Title 21, the "Georgia Election Code," for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be permitted or prohibited. Such ordinance, resolution, or petition shall not be amended, supplemented, or returned after its presentation to the appropriate authority. Validation shall, for the purposes of petitions authorized under this Code section, be the procedure in which the election superintendent determines whether each signature on the petition is the name of a registered and qualified voter.   For purposes of petitions authorized under this Code section, the required number of signatures of registered voters of a political subdivision shall be computed based on the number of voters qualified to vote at the general election immediately preceding the presentation of the petition. Actual signers of the petition shall be registered and qualified to vote in the referendum election sought by the petition. Upon determining that the petition contains a sufficient number of valid signatures or upon receipt of an ordinance or resolution, the election superintendent shall set the date of the referendum election on a date authorized under Code Section 21-2-540. The referendum may be held as a special referendum election or may be held at the time of holding any other primary or election in such county or municipality.   Notice of the call for the referendum election shall be published by the election superintendent in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality. The election superintendent shall also cause the date and purpose of the referendum election to be published in the official organ of the county or, in the case of a municipality, in a newspaper of general circulation in the municipality, once a week for two weeks immediately preceding the date of the referendum election.   Following the expiration of two years after any referendum election is held which results in the disapproval of sales as provided in this article, another referendum election on this question shall be held if another ordinance, resolution, or petition, as provided in subsection (a) of this Code section, is filed with the appropriate election superintendent.    (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, §§ 5A-2302, 5A-2303, 5A-2309, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 1; Ga. L. 1985, p. 149, § 3; Ga. L. 2017, p. 820, § 2/HB 485; Ga. L. 2021, p. 450, § 1/SB 145.)    The 2017 amendment,  effective May 9, 2017, substituted the present provisions of the first sentence of subsection (a) for the former provisions, which read: "Upon a written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality, such superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited."; in subsection (c), inserted "election" in the first and second sentences and inserted "referendum" near the end of the second sentence; and inserted "referendum" twice in subsection (d).    The 2021 amendment,  effective May 4, 2021, inserted "ordinance, resolution, or" in second and third sentences of subsection (a), and in the middle of subsection (d); in subsection (a), in the first sentence, inserted "an ordinance or resolution from the governing authority of any municipality or county or upon a" and substituted "20 percent" for "35 percent" in the middle; inserted "petitions authorized under" in the last sentence of subsection (a) and near the beginning of subsection (b); in subsection (b), in the third sentence, inserted "or upon receipt of an ordinance or resolution" in the middle, substituted "on a date authorized under Code Section 21-2-540" for "for not less than 30 nor more than 60 days after the call" at the end, and deleted "if such other primary or election is to be held not more than 60 days after the call" following "municipality" at the end of the fourth sentence.   OPINIONS OF THE ATTORNEY GENERAL   Municipal citizens voting in county-wide elections.    - Registered and qualified voters in municipal elections may sign petitions and vote in both municipal and county elections held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on the unincorporated areas of the county. 1985 Op. Att'y Gen. No. U85-48.   Single petition for approval of package sales, and sales by the drink, allowed.   - A single petition may be used for the purpose of invoking the referendum procedures for approval of package sales of distilled spirits and sales of distilled spirits by the drink for consumption on the premises if the petition clearly sets forth that it is for both purposes and the questions are presented separately in the referendum in the manner prescribed by law. 1985 Op. Att'y Gen. No. 85-22.   Legislative intent.   - The apparent intent of this section is to require showing of significant degree of current voter support for a referendum on legalizing alcoholic beverages before actually conducting such a referendum. 1979 Op. Att'y Gen. No. 79-71.    This section requires the signatures of 35 percent of the citizens who were registered to vote at the preceding general election.  1970 Op. Att'y Gen. No. 70-172.    In the event of a conflict between Ga. L. 1972, p. 207, § 3 and former Code 1933, §§ 34-806 and 34-1314 (see now O.C.G.A. §§ 3-4-41 and21-2-540), concerning the date for holding a liquor referendum, former Code 1933, §§ 34-806 and 34-1314 controlled. 1979 Op. Att'y Gen. No. 79-23.   "Filing" defined.   - The word "filing" in this section, means the date petition is handed to the ordinary (election superintendent), not date upon which petition is determined to be valid; the situation is comparable to filing of nomination petitions. 1972 Op. Att'y Gen. No. U72-42.   The word "filing" as used in this section means the date on which petition is handed to appropriate official, not date on which petition is determined to be valid. 1979 Op. Att'y Gen. No. 79-23.    There is no time limit for circulating petition to call an election  to determine whether sale of intoxicating liquor shall be approved in county. 1954-56 Op. Att'y Gen. p. 455.   Election a nullity absent proper petition.   - No special election may be called by a municipality except upon the petition of at least 35 percent of the registered qualified voters, and any such election called by a city council without such petition having first been presented would be a nullity. 1975 Op. Att'y Gen. No. U75-19.   Persons qualified to vote.   - Persons qualified to vote for members of General Assembly, and who were registered to vote at general election immediately preceding the filing of petition requesting the election to determine sale of intoxicating liquor, are eligible to vote in the election. 1954-56 Op. Att'y Gen. p. 456.   Percentage of voters.   - There is no requirement that percentage of registered voters relate in any way to number of electors who actually voted in any preceding general election. 1979 Op. Att'y Gen. No. 79-71.   The percentage of voters set forth in this section refers to the number of individuals qualified to have voted in the last election scheduled to have been held by the municipality even though such election was not conducted. 1979 Op. Att'y Gen. No. 79-71.    Petition for wet and dry election should be checked against official registration for last general election.  1948-49 Op. Att'y Gen. p. 173.   Challenging signatures on petition.   - There is no provision in the law whereby any group or any person may challenge signatures of persons signing a petition to hold an election to legalize sale of intoxicating liquors except by attacking legality of election; nor is there any provision for publication of names on the petition. These are solely the functions of the ordinary (election superintendent). 1957 Op. Att'y Gen. p. 174.   Effect of county election on time of holding municipal election.   - A municipal election is quite separate from any previous county election, and the failure of legalization at a county election would not prohibit a municipal election during the following two years under this section; a municipal election can be held as soon as the petition procedures are complied with. 1972 Op. Att'y Gen. No. U72-46.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 58 et seq., 63 et seq.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, § 104 et seq.