reglab/housing_qa huggingface dataset:
GA Code § 3-5-24 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-24. License for Manufacture of Malt Beverages - Rights Conferred; Separate Revocation of Licenses for Sale of Malt Beverages for Resale Within and Outside State Authorized; Effect of Revocation on Sale Within State

  A license to manufacture malt beverages shall include the right to sell the product of the brewer for resale within and outside the limits of this state.   The right to sell the manufactured product to duly licensed wholesalers for resale within this state may be revoked separately from the right to manufacture and sell the product of such manufacturer for resale outside of this state.   The revocation by the state or by any other duly authorized licensing authority of the license to sell for resale within this state shall not in any way interfere with or otherwise affect or impair the license to manufacture and sell the product of the manufacturer for resale beyond the limits of this state.    (Ga. L. 1955, p. 657, § 2; Code 1933, § 5A-4508, enacted by Ga. L. 1980, p. 1573, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 7, 8, 9, 102, 152 et seq., 187.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 138 et seq., 297 et seq., 425 et seq.
GA Code § 3-5-25 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-25. License for Manufacture of Malt Beverages - Renewal

 Every unrevoked license authorizing the manufacture of malt beverages, whether issued by the state or by any other duly authorized licensing authority, shall be renewable to the holder of the license as of right upon the payment of fees and taxes lawfully assessed and fixed for the issuance of licenses of that kind and character.   (Ga. L. 1955, p. 657, § 3; Code 1933, § 5A-4509, enacted by Ga. L. 1980, p. 1573, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 7, 8, 9, 102, 140 et seq., 187.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, § 239 et seq.
GA Code § 3-5-25.1 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-25.1. License for Manufacture of Malt Beverages - Bond Required on Application for License or Renewal

 The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers.   (Code 1933, § 5A-4510, enacted by Ga. L. 1981, p. 1269, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 58 Am. Jur. 2d, Occupations, Trades, and Professions, § 8 et seq.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 239 et seq., 388. 53 C.J.S., Licenses, § 42.
GA Code § 3-5-26 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-26. Persons to Whom Malt Beverages May Be Sold by Wholesale Dealers

 Licensed wholesale dealers may sell malt beverages only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.   (Code 1933, § 5A-4506, enacted by Ga. L. 1980, p. 1573, § 1.)
GA Code § 3-5-27 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-27. Malt Beverages Acquired by Retail Dealers From Persons Other Than Licensed Wholesale Dealers Declared Contraband

 Any malt beverage possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title.   (Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4504, enacted by Ga. L. 1980, p. 1573, § 1.)   RESEARCH REFERENCES   ALR.    - Constitutionality of statute making unlawful possession of intoxicating liquor legally obtained or providing for its confiscation, 37 A.L.R. 1386.    Constitutionality of statute providing for confiscation or destruction, without notice, of intoxicating liquors, and vehicles or other property used in connection with same, 45 A.L.R. 93.
GA Code § 3-5-28 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-28. Delivery, Receipt, and Storage of Malt Beverages Sold by Wholesale Dealers to Retail Dealers

 All malt beverages sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of malt beverages sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.   (Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4505, enacted by Ga. L. 1980, p. 1573, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Relinquishment of damaged cans by distributor to licensed or unlicensed carrier.   - Georgia beer distributors do not have standing to sue for refund of beer tax paid on cans of beer subsequent to transfer of title from brewer to distributor; distributor, however, may relinquish damaged cans to carrier for claims salvage regardless of whether carrier has retail beer license, provided carrier does not resell damaged cans of beer. Such relinquishment to carrier is a sale within meaning of general law. 1970 Op. Att'y Gen. No. U70-162.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 102, 201, 209.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 78, 160, 404, 425 et seq., 440, 441.
GA Code § 3-5-29 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-29. Brewer-Wholesaler Relations - "Agreement" Defined

 As used in Code Sections 3-5-30 through 3-5-34, the term "agreement" shall mean a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration between a brewer and a malt beverage wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage.    (Code 1981, §3-5-29, enacted by Ga. L. 1983, p. 1214, § 2; Ga. L. 1984, p. 22, § 3.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 114, 118, 119.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 78, 160, 404, 425 et seq., 440, 441.
GA Code § 3-5-30 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-30. Brewer-Wholesaler Relations - Purpose; Intent; Enforcement

  Code Sections 3-5-31 through 3-5-34 are promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifically for the following purposes and policies:   To prohibit unfair business practices and to prevent any one segment of the malt beverage industry to gain unfair advantage over the other segments;   To foster vigorous and healthy interbrand competition in the malt beverage industry;   To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia;   To promote the public health, safety, and welfare of the people of the State of Georgia; and   To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local excise taxes.     The provisions of Code Sections 3-5-31 through 3-5-34 may not be varied by separate agreement and any such attempt shall be void and unenforceable as being violative of the public policy of this state.   The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article.     (Code 1981, §3-5-30, enacted by Ga. L. 1983, p. 1214, § 2.)
GA Code § 3-5-31 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-31. Brewer-Wholesaler Relations - License Requirement for Shippers of Beer; Application

  No shipper shall be permitted to ship beer into the state without first obtaining a proper license from the commissioner in the manner provided in this title.   In addition to the bond required in Code Section 3-5-25.1 and such other documentation required by the commissioner pursuant to this title, each shipper shall:   Submit with his application one label for each brand of beer to be shipped for the first time by the shipper into the state;   Designate in the application for registration sales territories for each of its brands sold in Georgia; and   Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.     Designations of wholesalers or wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.     (Code 1981, §3-5-31, enacted by Ga. L. 1983, p. 1214, § 2.)
GA Code § 3-5-32 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-32. Brewer-Wholesaler Relations - Conflicts of Interest

 No licensed registered brewer, broker, or importer authorized to do business in this state nor any of his employees or members of such brewer's, broker's, or importer's immediate family shall have, own, or enjoy ownership interest in or partnership arrangement with the business of any wholesaler or retailer licensee. Cooperative advertising and incentive programs shall not be deemed to constitute a partnership agreement.    (Code 1981, §3-5-32, enacted by Ga. L. 1983, p. 1214, § 2.)
GA Code § 3-5-33 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-33. Brewer-Wholesaler Relations - Prohibited Acts

 No brewer, broker, or importer shall:    Induce or coerce, or attempt to induce or coerce, any wholesaler to accept delivery of any malt beverage which has not been ordered or agreed upon by the wholesaler, provided that recommendation, endorsement, exposition, persuasion, or argument shall not be deemed to constitute inducements, coercion, or requirements prohibited by this Code section;   Require a wholesaler to assent to any unreasonable requirement, condition, understanding, or term of an agreement limiting the wholesaler's right to sell the product of any other brewer, broker, or importer;   Fix or maintain the price at which a wholesaler may resell beer, whether by the terms or requirements imposed on the wholesaler under an agreement or otherwise; or   Require or prohibit any change in the management or supervisory employees of a wholesaler unless the current or proposed employees fail to meet essential, reasonable, and nondiscriminatory requirements imposed by an agreement's express terms.     (Code 1981, §3-5-33, enacted by Ga. L. 1983, p. 1214, § 2.)
GA Code § 3-5-34 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-34. Brewer-Wholesaler Relations - Applicability of Code Sections 3-5-29 Through 3-5-33

 Code Sections 3-5-29 through 3-5-33 shall apply to designations in effect on or after July 1, 1983.    (Code 1981, §3-5-34, enacted by Ga. L. 1983, p. 1214, § 2.)
GA Code § 3-5-35 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-35. Declaration of Policy; "Brewpubs"

 The General Assembly reaffirms the policy of this state of strict enforcement of laws and regulations applicable to the manufacture or sale of beer, including without limitation those establishing the three-tier distribution system with prohibitions against ownership and employment interests between the three tiers but creates a limited exception for the operation of "brewpubs" as such term is defined in Code Section 3-1-2.    (Code 1981, §3-5-35, enacted by Ga. L. 1995, p. 734, § 3.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1995, Code Section 3-5-35 as enacted by Ga. L. 1995, p. 486, § 1, was redesignated as Code Section 3-5-38.
GA Code § 3-5-37 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-37. "Brewpub" Exception; Rules and Regulations

 The Department of Revenue shall be authorized to promulgate and enforce such rules and regulations as it may deem necessary to carry out or make effective the provisions of Code Sections 3-5-35 and 3-5-36.    (Code 1981, §3-5-37, enacted by Ga. L. 1995, p. 734, § 3.)
GA Code § 3-5-38 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-38. Permits for Free Tasting of Malt Beverages During Educational and Promotional Brewery Tours; Merchandising; Fees for Tours; Selling of Beverages; Administration

 Repealed by Ga. L. 2017, p. 406, § 10/SB 85, effective September 1, 2017.   Editor's notes.   - This Code section was based on Ga. L. 1995, p. 486, § 1; Ga. L. 1997, p. 1514, § 1A; Ga. L. 2015, p. 317, § 8/SB 63.   Ga. L. 2018, p. 1112, § 3(3)/SB 365, part of an Act to revise, modernize, and correct the Code, repealed the reservation of this Code section, effective May 8, 2018.
GA Code § 3-5-41 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 3 - Local License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-41. Requirement and Issuance of County Licenses Generally

 If any business allowed under this chapter is proposed to be carried on within the unincorporated area of a county, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution outside of any incorporated municipality.   (Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 42.)   OPINIONS OF THE ATTORNEY GENERAL   Extent of county license requirements.   - A county may require a wholesale beer dealer to obtain a county wholesale beer license if the dealer is "doing business" in the county, notwithstanding the fact that the dealer may have its principal place of business located in another county. 1987 Op. Att'y Gen. No. U87-3.   Local governments are not empowered to require licensing of wholesalers of alcoholic beverages that take orders for sales and make deliveries of alcoholic beverages within those local governments, but do not have locations or offices within the boundaries of those local governments. 2017 Op. Att'y Gen. No. U17-2.   Effect of referendum on right of governing authorities to issue licenses.    - Ga. L. 1935, p. 73, § 7 (see now O.C.G.A. §§ 3-5-41 and3-5-42), give municipal or county authorities the right to issue licenses for sale of malt beverages; it is solely within the discretion of such governing authorities to issue or not to issue a license, and an election called to determine if the sale of malt beverages should be allowed or prohibited would have no legal effect upon such governing authorities. 1950-51 Op. Att'y Gen. p. 362.   Prevention of legalized sale.   - County commissioners of any county have a right to pass a resolution authorizing sale of malt beverages in the county and to fix an annual license fee therefor; the only recourse to prevent the sale would be election of county commissioners who were opposed to legalized sale of malt beverages in the county. 1958-59 Op. Att'y Gen. p. 205.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 94, 105, 109, 122.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.   ALR.    - Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.
GA Code § 3-5-42 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 3 - Local License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-42. Requirement and Issuance of Municipal Licenses Generally; Requirement by County of License for Business Licensed by Municipality

  If any business allowed under this chapter is proposed to be carried on within the corporate limits of a municipality, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the municipality, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution.   When any of the businesses described in this Code section are licensed by the municipal governing authority, no county license fee shall be required by the county governing authority.    (Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4302, enacted by Ga. L. 1980, p. 1573, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Effect of referendum on right of governing authorities to issue licenses.    - Former Code 1933, §§ 58-716 and 58-717 (see now O.C.G.A. §§ 3-5-41 and 35-42) gave municipal or county authorities the right to issue licenses for sale of malt beverages; it was solely within the discretion of such governing authorities to issue or not to issue a license, and an election called to determine if the sale of malt beverages should be allowed or prohibited would have no legal effect upon such governing authorities. 1950-51 Op. Att'y Gen. p. 362.    Dual taxation is not permissible.  1963-65 Op. Att'y Gen. p. 451.    Person who procures proper license from governing authorities of municipality may legally sell beer in such municipality  notwithstanding fact that county is dry. 1952-53 Op. Att'y Gen. p. 218.   RESEARCH REFERENCES   Am. Jur. 2d.   - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 94, 105, 109, 122. 57 Am. Jur. 2d, Municipal, School, and State Tort Liability, § 166 et seq.   14C Am. Jur. Pleading and Practice Forms, Intoxicating Liquors, §§ 7 et seq., 15 et seq.   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.   ALR.    - Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.
GA Code § 3-5-43 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 5 - Malt Beverages|Article 3 - Local License Requirements and Regulations for Manufacture, Distribution, and Sale|§ 3-5-43. Restriction on Amount of License Fee Charged by County or Municipality Other Than That of Wholesale Dealer's Principal Place of Business

 Where a wholesale dealer is licensed to do business in more than one municipality or county of this state, no municipality or county other than that of the wholesale dealer's principal place of business shall charge a license fee exceeding $100.00.   (Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4304, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 43.)   Cross references.   - Exemption of certain salespeople and merchants from municipal taxes and license fees, § 48-5-354.   JUDICIAL DECISIONS   Maximum fee.    - This Code section means that when a license fee is authorized, it may not exceed $100.00. City of Gainesville v. Georgia Crown Distrib. Co., 231 Ga. 352, 201 S.E.2d 410 (1973).   OPINIONS OF THE ATTORNEY GENERAL   Extent of county license requirements.   - A county may require a wholesale beer dealer to obtain a county wholesale beer license if the dealer is "doing business" in the county, notwithstanding the fact that the dealer may have its principal place of business located in another county. 1987 Op. Att'y Gen. No. U87-3.   Local governments are not empowered to require licensing of wholesalers of alcoholic beverages that take orders for sales and make deliveries of alcoholic beverages within those local governments, but do not have locations or offices within the boundaries of those local governments. 2017 Op. Att'y Gen. No. U17-2.   RESEARCH REFERENCES   C.J.S.   - 48 C.J.S., Intoxicating Liquors, §§ 64, 165, 400 et seq.
GA Code § 3-6-1 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 6 - Wine|Article 1 - General Provisions|§ 3-6-1. Definitions

 As used in this chapter, the term:    "Dessert wine" means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume.   "Domestic winery" means any winery, manufacturer, maker, producer, or bottler of wine located within the state.   "Foreign winery" means any winery, manufacturer, maker, producer, or bottler of wine located outside the state.   "Table wine" means a wine having an alcoholic strength of not more than 14 percent alcohol by volume.   "Winery" means a manufacturer of wine.    (Code 1933, § 5A-5101, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2014, p. 366, § 2/SB 286.)
GA Code § 3-6-2 (2021)
2021 Georgia Code|Title 3 - Alcoholic Beverages|Chapter 6 - Wine|Article 1 - General Provisions|§ 3-6-2. Determination as to When Possession Occurs

 For purposes of this chapter, with respect to wines manufactured within this state, possession occurs when the product is first identifiable as wine, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to wines shipped from outside this state to a destination within this state, possession in the consignee occurs when the wine first physically enters the state or when the risk of loss from destruction or casualty to the wine is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial law of this state, whichever event occurs first.   (Code 1933, § 58-803, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5102, enacted by Ga. L. 1980, p. 1573, § 1.)   Cross references.   - Placement of risk of loss in absence of breach of contract, § 11-2-509.