reglab/housing_qa huggingface dataset:
GA Code § 3-4-24.1 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-24.1. Distiller's License Authorizing Manufacture of Distilled Spirits From Agricultural Products Other Than Perishable Fruits; Storage

  The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state.   If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.   It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:   In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or   To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.     A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.     (Code 1981, §3-4-24.1, enacted by Ga. L. 2012, p. 1028, § 2/SB 114; Ga. L. 2015, p. 317, § 5/SB 63; Ga. L. 2017, p. 406, § 3/SB 85.)    The 2017 amendment,  effective September 1, 2017, deleted former subsection (e), which read: "A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours upon the issuance of a permit by the commissioner pursuant to Code Section 3-4-180.".
GA Code § 3-4-24.3 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-24.3. Licensing for the Manufacture or Distribution of Distilled Spirits on Local Level

 The commissioner may issue licenses for the manufacture or distribution of distilled spirits in any county or municipality of this state in which licenses for such activity have been authorized and issued in accordance with the adoption of a resolution or ordinance by the local governing authority of such county or municipality. The local governing authority of a county or municipality issuing licenses pursuant to this Code section shall within its jurisdiction have the authority to determine the location of any licensed businesses, not inconsistent with this title.    (Code 1981, §3-4-24.3, enacted by Ga. L. 2017, p. 820, § 1/HB 485.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2017, this Code section, enacted by Ga. L. 2017, p. 820, § 1/HB 485 as Code Section 3-4-24.2, was redesignated as Code Section 3-4-24.3.
GA Code § 3-4-25 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-25. Holder of Retail Dealer's License Authorized to Sell Only Unbroken Packages; Breaking of Package or Packages or Drinking of Contents Thereof on Premises Prohibited

  Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which shall contain not less than 50 milliliters each.   Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold.    (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1976, p. 990, § 1; Code 1933, § 5A-2506, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 33; Ga. L. 1994, p. 553, § 2; Ga. L. 2020, p. 615, § 6/HB 879.)    The 2020 amendment,  effective August 3, 2020, in subsection (a), substituted "Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a" for "A" at the beginning and deleted "package or packages" preceding "shall contain"; and substituted "Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's" for "The" at the beginning of subsection (b).   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 29, 41, 42.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 33, 138 et seq., 425 et seq., 440, 441.   ALR.    - Civil liability of one who takes out license for sale of intoxicating liquor for benefit of another, 2 A.L.R. 1516.    Constitutionality, construction, and application of statutes designed to prevent or limit control of retail liquor dealers by manufacturers, wholesalers, or importers, 136 A.L.R. 1238.    Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.   Right to withdraw application to procure or to transfer liquor license, 73 A.L.R.2d 1223.   Liquor license as subject to execution or attachment, 40 A.L.R.4th 927.
GA Code § 3-4-26 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-26. Display of Advertisement or Information Regarding Prices of Distilled Spirits in Visible Places; Sales Below Cost Prohibited; Exceptions Authorized

  No person holding a retail dealer's license to deal in distilled spirits by the package shall display any advertisement of or information regarding the price or prices of any distilled spirits in any show window or other place visible from outside the licensee's place of business.   No person licensed to sell distilled spirits by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business.   The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception.    (Ga. L. 1937-38, Ex. Sess., p. 103, § 9A; Code 1933, § 5A-2507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 34; Ga. L. 1996, p. 785, § 1.)   Cross references.   - Regulation of advertising generally, § 10-1-420 et seq.   Editor's notes.   - Ga. L. 1996, p. 785, § 3, not codified by the General Assembly, provides for severability.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 196 et seq., 200 et seq.   ALR.   - Validity and construction of statute or ordinance requiring or prohibiting posting or other publication of price of commodity or services, 89 A.L.R.2d 901; 80 A.L.R.3d 740.
GA Code § 3-4-27 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-27. Notice of Intention to Secure Retail Dealer License for Sale of Distilled Spirits

  No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a license. Such notice shall be in large boldface type and shall state:   The type of license for which application has been filed;   The exact location of the place of business for which a license is sought;   The names and addresses of each owner of the business; and   If the applicant is a corporation, the names and titles of all corporate officers.     Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license.   An applicant for a renewal license shall not be subject to the notice requirements of this Code section.     (Code 1981, §3-4-27, enacted by Ga. L. 1989, p. 881, § 1.)
GA Code § 3-4-40 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-40. Requirement as to Approval by Referendum Elections of Issuance of Licenses Generally

 Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485.)    The 2017 amendment,  effective May 9, 2017, in this Code section, substituted "Licenses for the package sale of distilled spirits shall be" for "Licenses provided for in this article are" near the beginning and substituted "by a referendum election" for "by referendum" near the end.   Law reviews.   - For comment on Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946), see 9 Ga. B. J. 325 (1947).   JUDICIAL DECISIONS   Limits of governing authority's discretion after vote for legalization.    - Where a county or municipality has voted in favor of legalizing sale of distilled spirits, the governing authority of county or municipality is vested with wide discretion in regulation of authorized businesses, but it is not authorized to prohibit such businesses and refuse to exercise its discretion. Stephens v. Moran, 221 Ga. 4, 142 S.E.2d 845 (1965).   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.   Legislative intent.   - The purpose of this section is to prohibit the collection of a license or tax levied on manufacture, sale, and distribution of distilled spirits and alcohol as authorized by this law in those counties which have not voted in favor of taxing and controlling alcoholic beverages and liquors. 1945-47 Op. Att'y Gen. p. 377.   Holding elections as to mixed drinks at same time as other elections.   - Election as to mixed drinks provided for in Ga. L. 1964, p. 771 may not be held in conjunction with any other election. 1972 Op. Att'y Gen. No. U72-81.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 58 et seq., 63 et seq., 347.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, § 104 et seq.
GA Code § 3-4-42 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-42. Form of Ballots for Referendum Election

 (a) The ballot used in any referendum election held pursuant to Code Section 3-4-41 shall have written or printed thereon: "( ) YES Shall the issuance of licenses for the package sale ( ) NO of distilled spirits be approved?"   Those desiring to vote in favor of the issuance of the licenses shall vote "Yes." Those desiring to vote against the issuance of the licenses shall vote "No."   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2306, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485.)    The 2017 amendment,  effective May 9, 2017, substituted "used in any referendum election held pursuant to Code Section 3-4-41" for "in the special election" in subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, § 73.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, § 104 et seq.
GA Code § 3-4-43 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-43. Applicability of General Election Laws

 County elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the county. Municipal elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the municipality.   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2304, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 1998, p. 295, § 3; Ga. L. 2017, p. 820, § 2/HB 485.)   Editor's notes.   - Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, reenacted this Code section without change.   OPINIONS OF THE ATTORNEY GENERAL   Holding elections on same day as other elections prohibited prior to 1983 amendment.   - See 1972 Op. Att'y Gen. No. U72-81; 1975 Op. Att'y Gen. No. U75-45.   Election held on Saturday.   - Special election to determine whether intoxicating liquor may be sold in county may be held on Saturday. 1954-56 Op. Att'y Gen. p. 457.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, § 63 et seq.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 92 et seq., 104 et seq.
GA Code § 3-4-44 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-44. Certification of Results; Payment of Expenses

 It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2305, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)   Editor's notes.   - Ga. L. 2017, p. 820, § 1/HB 485, effective May 9, 2017, reenacted this Code section without change.   JUDICIAL DECISIONS    This section requires only that the ordinary (election superintendent) shall receive returns of election held and ascertain and immediately declare result thereof. No method or manner by which the ordinary may determine and announce result of election is provided; and there is no provision in the statutes for a contest or other hearing before the ordinary. It is clear that the acts of the ordinary were not judicial, but were ministerial or administrative, and that they are not reviewable by certiorari. Brockett v. Maxwell, 73 Ga. App. 663, 38 S.E.2d 176 (1946).   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, § 77.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 129, 130.
GA Code § 3-4-45 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-45. Effect of Majority Vote in Favor of Package Sales

 If a majority of the votes cast in a referendum election held pursuant to Code Section 3-4-41 are in favor of the issuance of licenses for the package sale of distilled spirits, then the package sale of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the date of the certification of the results by the election superintendent; otherwise, the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be prohibited.   (Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2307, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 28; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)    The 2017 amendment,  effective May 9, 2017, substituted the present provisions of this Code section for the former provisions, which read: "If a majority of the votes cast are in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by the package of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the declaration of the results by the election superintendent.".   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, § 82 et seq.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, § 104 et seq.   ALR.   - Change of "wet" or "dry" status fixed by local option election by change of name, character, or boundaries of voting unit, without later election, 25 A.L.R.2d 863.
GA Code § 3-4-48 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-48. Maximum Annual License Fees for Municipal or County Licenses

 The annual license fee to be charged by a municipality or county pursuant to this article shall not be more than $5,000.00 for each license.    (Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1965, p. 451, § 1; Code 1933, § 5A-2313, enacted by Ga. L. 1980, p. 1573, § 1; Code 1981, §3-4-50; Code 1981, §3-4-48, as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)    The 2017 amendment,  effective May 9, 2017, redesignated former Code Section 3-4-50 as this Code section.   Editor's notes.   - Ga. L. 2017, p. 820, § 2/HB 485, repealed former Code Section 3-4-48, relating to the effective date of nullification of previous election result, and enacted the present Code section. The former Code section was based on Ga. L. 1980, p. 1573, § 1, and was repealed effective May 9, 2017.   JUDICIAL DECISIONS    Law does not require that fee for retailer's license be fixed sum. City of Atlanta v. Henry Grady Hotel Corp., 220 Ga. 249, 138 S.E.2d 362 (1964).   Special license tax unauthorized.    - Special license tax of set amount per case of liquor, payable cash-on-delivery, is not an annual license fee payable in advance and is therefore unauthorized. City of Atlanta v. Henry Grady Hotel Corp., 220 Ga. 249, 138 S.E.2d 362 (1964).   City license fee authorized.    - A city ordinance requiring "$1,000.00 per annum plus an amount equal to 1 percent of the gross sales of the previous year in excess of $100,000.00" is an annual license fee payable in advance, and is authorized. City of Atlanta v. Henry Grady Hotel Corp., 220 Ga. 249, 138 S.E.2d 362 (1964).   OPINIONS OF THE ATTORNEY GENERAL   Basis for differences in retail liquor license rates.   - Any differences in retail liquor license rates imposed by municipality must be based on reasonable classification. 1954-56 Op. Att'y Gen. p. 493.   Issuance of free license.   - County commissioners may not issue license free of charge to retailers to sell intoxicating liquors, but may issue free license for sale of beer and wine. 1954-56 Op. Att'y Gen. p. 458.   Exclusiveness of county regulation.   - No valid local or special law could be enacted which would give a county power to tax and regulate liquor therein to the exclusion of such power in municipalities within the county. 1971 Op. Att'y Gen. No. U71-8.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 168, 169.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 400 et seq., 409 et seq.   ALR.    - Exacting for intoxicating liquor license an amount in excess of cost of regulation in order to limit the number and determine the character and responsibility of licensees, 103 A.L.R. 327.   Effect of state regulation of liquor sales on municipal power to impose occupation license or tax for revenue, 6 A.L.R.2d 737.
GA Code § 3-4-49 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales|§ 3-4-49. Municipalities in Wet Counties

 Any municipality which lies wholly or partially within a county which has approved the manufacture, distribution, or package sale of distilled spirits in a county-wide referendum election as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, distribution, or package sale of distilled spirits shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the manufacture, distribution, or package sale of distilled spirits.    (Code 1981, §3-4-51, enacted by Ga. L. 1986, p. 1083, § 1; Code 1981, §3-4-51; Code 1981, §3-4-49, as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)    The 2017 amendment,  effective May 9, 2017, redesignated former Code Section 3-4-51 as this Code section; and in this Code section, substituted "distribution, or package sale" for "sale, or distribution" throughout, and inserted "election" near the middle.   Law reviews.   - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).
GA Code § 3-4-93 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 4 - Distilled Spirits|Article 5 - Sales by the Drink|§ 3-4-93. Municipalities in Wet Counties

 Any municipality which lies wholly or partially within a county which has approved the sale of distilled spirits by the drink for consumption only on the premises in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the sale of distilled spirits by the drink for consumption only on the premises shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.    (Code 1981, §3-4-93, enacted by Ga. L. 1986, p. 1083, § 2.)   Law reviews.   - For annual survey of local government law, see 38 Mercer L. Rev. 289 (1986).    PART 2 L   ICENSES