reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-234 - Selling controlled product to another distributor for retail sale; selling to other dealers at distress prices

It shall be an unlawful predatory and unfair business practice for an automotive gasoline distributor who controls a product supply, controls the price of that product, and has the power to require the purchase of that product by another automotive gasoline distributor or an automotive gasoline dealer doing business in this state to sell said product at prevailing automotive gasoline distributor prices at any time to another automotive gasoline distributor for resale to automotive gasoline dealers with the purpose or intent that said product will be sold at retail by said automotive gasoline distributor and fails to offer its automotive gasoline dealers an opportunity to purchase an equal volume of product upon the same terms and conditions, excepting expenses for advertising, credit cards, and other expenses relative to its automotive gasoline dealers, when said automotive gasoline distributor is selling said product at distress prices to other automotive gasoline dealers in the dealer's marketing area. As used in this Code section, the term "distress prices" shall not be construed to include or embrace a price established for the purpose of meeting competition.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-234.1 - Suppliers may not inhibit gasoline distributors from being blenders

Regardless of other products offered, any supplier which, pursuant to a marketing agreement, supplies gasoline from a terminal in this state to a gasoline distributor shall offer to supply such party with gasoline that has not been blended with, but is suitable for blending with, fuel alcohol. No supplier shall prevent or inhibit a gasoline distributor in this state from being a blender or from qualifying for any federal or state tax credit due to blenders. If a supplier supplies gasoline to a gasoline distributor pursuant to this Code section which is then blended, the gasoline distributor shall indemnify and hold harmless such supplier against any losses or damages arising out of claims, costs, judgments, and expenses, including reasonable attorney's fees, or suits relating to or arising out of such blending.
Added by 2009 Ga. Laws 57,§ 2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-236 - [Repealed and Reserved] Action by dealer against distributor for violation of article - Defense of termination of agreement

Amended by 2009 Ga. Laws 8,§ 10, eff. 4/14/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-237 - Action by dealer against distributor for violation of article; notice of termination prior to expiration; when premises must be vacated

Upon receipt of notice to cancel or terminate an existing lease prior to expiration date, it shall be the duty of the dealer to notify the distributor within 30 days thereof of his intention to hold over and to set forth in writing to the distributor his reasons and justifications therefor and thereafter within ten days to file his complaint or application for injunction in the court of proper jurisdiction; and the judge of said court shall within 15 days conduct a hearing in said matter and thereafter within five days hand down a ruling based upon evidence presented as to the granting of a temporary injunction; and, upon the judge's failure to grant the injunction, the dealer shall vacate the premises all according to the lease agreement.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-238 - Action by distributor against dealer for breach of agreement; attorneys' fees

Any gasoline distributor may bring action against the dealer for failing to fulfill the marketing agreement. Attorneys' fees shall be controlled by Code Section
13-6-11
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-239 - Limitation of actions

No action shall be brought under Code Section
10-1-235
or Code Section
10-1-238
unless commenced within two years after the cause of action shall have accrued.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-240 - Marketing agreements subject to article

This article shall apply to all marketing agreements as defined in paragraph (4) of Code Section
10-1-232
that are granted, renewed, or amended to extend the lease period on or after July 1, 2009.
Amended by 2009 Ga. Laws 57,§ 3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9 - GASOLINE MARKETING PRACTICES (§§ 10-1-230 — 10-1-241) › Section 10-1-241 - Sale of real property not affected

This article is not intended to alter or change the present law or regulations pertaining to the sale or transfer of title to real property, and the owner may at any time enter into a contract for the bona fide sale of his property.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-250 - Short title

This article shall be known and may be cited as the "Below Cost Sales Act."
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-251 - Definitions

As used in this article, the term:
(1)
"Person" means an individual, partnership, association, corporation, joint-stock company, or business trust.
(2)
"Product" means octane or cetane rated fuels for use in the propulsion of motor vehicles.
(3)
"Purchase" includes any acceptance or receipt of product by a person from a related entity.
(4)
"Related entity" of a person means any person who, directly or through an affiliated person, holds more than 50 percent of the assets or voting securities of such person.
(5)
"Sale" or "to sell" includes any transfer or delivery of product to a person from a related entity.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-252 - Reasonable transfer price

For the purposes of this article, a transfer price from a related entity to a person is reasonable (1) if it is the same or greater than the price that such related entity contemporaneously charges unrelated persons at the same level of distribution and in the same geographic area as the person for a similar volume of product of like grade and quality or (2) if it is arrived at by including all uniform costs imposed upon purchasers in the operation of the retail business as determined pursuant to generally accepted accounting principles.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-253 - Computation of cost

For the purposes of this article, "cost" shall be computed as follows:
(1)
(A)
When product is purchased by a person from an independent entity, the lowest invoice cost to the person from the independent entity for product of like grade and quality within 15 days prior to the date of resale of the product by the person; or
(B)
When product is purchased by a person from a related entity, the lowest transfer price charged to the person for product of like grade and quality within 15 days prior to the date of resale of the product by the person, provided that the transfer price is reasonable; or
(C)
If neither subparagraph (A) nor (B) of this paragraph applies, the lowest posted or published wholesale price of all sellers of product of like grade and quality normally serving the geographic area in which the person is located during the 15 days prior to the date of resale of the product by the person; plus
(2)
A reasonable cost of doing business as determined pursuant to generally accepted accounting principles; plus
(3)
Freight charges and any credit against federal or state motor fuel or sales tax not already included in the invoice cost, transfer price, or lowest posted or published wholesale price of the product; less
(4)
All trade discounts, allowances, or rebates actually granted to the person on the product; provided, however, that such trade discounts, allowances, or rebates are received on proportionally equal terms by all other customers competing in the distribution of such products.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-255 - Civil actions; effect of written tender of settlement; limitation of actions

(a)
Any person who sustains or is threatened with competitive injury by reason of a violation of this article may maintain an action in any superior court of this state having jurisdiction over the defendant to enjoin such violation. A successful petitioner shall be entitled to recover reasonable attorneys' fees and costs of litigation.
(b)
In addition to the action provided in subsection (a) of this Code section, any person who sustains a competitive injury by reason of a violation of this article may maintain an action in any court of this state having jurisdiction over the defendant to recover the actual, or special, damages sustained thereby including, but not limited to, reasonable attorneys' fees and costs of litigation. A successful claimant under this subsection shall be awarded punitive damages not to exceed $1,000.00 for each day on which the defendant continued to commit the violation of this article resulting in competitive injury after having received from the plaintiff a written notice that the defendant was engaging in such violation. The maximum amount of such punitive damages which may be awarded to any one plaintiff from any one defendant, however, shall be $200,000.00.
(c)
A claim for damages for violation of this article may be asserted in an individual action only and may not be the subject of a class action under Code Section
9-11-23
or any other provisions of law. It is the intention of the General Assembly that this prohibition against class actions is an integral substantive provision of this article, and that its unenforceability for any reason in any action shall preclude the recovery of damages in such action.
(d)
At any time subsequent to the filing of an action for damages under this article, and prior to any award of such damages, the defendant may make a written tender of settlement to the complaining person. If the complaining person is awarded no damages or less damages than the amount of the written tender of settlement, the complaining person shall under no circumstances be entitled to recover any costs of the litigation, including attorneys' fees, that were incurred after the date of the written tender of settlement. All written tenders of settlement that are made pursuant to this subsection shall be presumed to be offered without prejudice in compromise of a disputed matter.
(e)
Any action brought under this article must be brought within two years of the date of the alleged violation. All other actions are forever barred.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 9A - BELOW COST SALES (§§ 10-1-250 — 10-1-256) › Section 10-1-256 - Declaration of legislative intent in construing Code Section 10-1-254

It is the intent of the General Assembly that, in construing Code Section
10-1-254
, due consideration and great weight be given to the interpretation of the federal courts relating to Section 2 of the Clayton Act, as amended by the Robinson-Patman Act,
15 U.S.C. Sections 13(a)-(f)
.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-260 - Short title

This article shall be known and may be cited as the "Liquefied Petroleum Safety Act of Georgia."
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-261 - Legislative finding

The General Assembly of Georgia finds, determines, and declares that this article is necessary for the immediate preservation of the public peace, health, and safety.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-262 - "Liquefied petroleum gas" defined

As used in this article, the term "liquefied petroleum gas" means any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-263 - State fire marshal to enforce article

The state fire marshal, ex officio, shall be designated as the officer charged with the duty and authority of enforcing this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-264 - Assistants and employees of state fire marshal

The state fire marshal is authorized to appoint and employ such assistants and employees, fix their salaries, and assign and delegate such duties and responsibilities as he or she may deem necessary to carry out this article in an efficient manner.
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-265 - Rules and regulations setting standards for liquefied petroleum gas equipment

(a)
The state fire marshal shall make, promulgate, adopt, and enforce rules and regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, and utilizing liquefied petroleum gases and specifying the odorization of said gases and the degree thereof. Said rules and regulations shall be such as are reasonably necessary for the protection of the health, welfare, and safety of the public and persons using such materials and shall be based upon reasonable substantial conformity with the generally accepted standards of safety concerning the same subject matter.
(b)
Rules and regulations promulgated by the state fire marshal based upon reasonable substantial conformity with the published standards of the National Board of Fire Underwriters for the design, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases as recommended by the National Fire Protection Association shall be deemed to be in substantial conformity with the generally accepted standards of safety concerning the subject matter.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-266 - Issuance of licenses or permits; annual fees

The state fire marshal is authorized and empowered to issue a license or permit to such person, firm, or corporation qualifying under the terms of this article and such rules and regulations as may be adopted by the state fire marshal. For such license or permit issued on or after July 1, 1990, a one-time fee of not less than $100.00 nor more than $500.00 shall be charged on a graduated capacity scale for each installation of such person, firm, or corporation doing business in Georgia. All fees, assessments, and collections made by the state fire marshal shall be paid into the general fund of the state treasury. The license or permit of any licensee or permittee who had paid an annual license or permit fee on or after January 1, 1990, but prior to July 1, 1990, shall be valid for the remainder of the period of time covered by such payment and, upon the expiration of such period of time, the licensee or permittee shall become subject to the one-time fee requirement provided in this Code section.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-267 - Insurance or bond requirements for license or permit holders

The state fire marshal is authorized and empowered as a prerequisite to a license or permit to require the applicant for such license or permit to furnish insurance, surety bond, or a personal bond with security in such amounts and terms as the state fire marshal may deem advisable and expedient for the protection of the general public and to indemnify for losses and damages which proximately result from any act of negligence of the principal, his agents, or employees while he or they may be engaged in the performance of duties with reference to the liquefied petroleum business. The state fire marshal is also authorized to adopt and enforce reasonable rules and regulations governing such insurance and bonds. Such regulations shall be adopted by the state fire marshal only after a public hearing thereon.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-268 - Minimum storage facilities required

(a)
Every entity licensed to sell or distribute liquefied petroleum gas in this state shall have located within the State of Georgia storage capacity for a minimum of 30,000 water gallons of liquefied petroleum gas, except that entities initially licensed prior to July 1, 1990, may continue to operate with the previously approved 18,000 gallons minimum storage capacity. If the 30,000 gallons (water capacity) storage consists of more than one container, then no storage container used to meet this requirement shall be of a size less than 6,000 gallons (water capacity).
(b)
The storage capacity required by subsection (a) of this Code section shall be within close proximity to the area serviced.
(c)
The state fire marshal, in his discretion and in accordance with such rules and regulations as have been or may be duly promulgated and adopted under this article, may waive the minimum bulk storage facility requirement of subsection (a) of this Code section.
(d)
If the storage capacity required by subsection (a) of this Code section is leased or rented, then such storage capacity must be dedicated to the exclusive use of the lessee and must include separate piping and loading/unloading facilities.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-269 - Suspension or revocation of license or imposition of penalty by state fire marshal

The state fire marshal, upon ten days' written notice in the form of a show cause order to the licensee stating his contemplated action and in general the grounds therefor and after giving the licensee a reasonable opportunity to be heard, subject to the right to review provided in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," may, by order in writing, suspend or revoke any license issued under this article or, in lieu thereof, may assess a penalty against said licensee in an amount not to exceed $1,000.00, if the state fire marshal shall find:
(1)
That the licensee has failed to pay the license fee or any fee required under this article or any penalty imposed under the article; or
(2)
That the licensee knowingly has violated any of the provisions of this article or any of the rules and regulations promulgated under this article; provided, however, that any such suspension or revocation or imposition of penalty shall not become final, pending and subject to the right of review provided in Chapter 13 of Title 50, but the court shall have and is granted power to enter such order as justice shall require pending hearing on the appeal; and provided, further, the court upon the appeal may tax the cost, including the cost of the hearing before the state fire marshal, against the losing party.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-270 - Conflicting local ordinances or regulations prohibited

No municipality or other political subdivision of this state shall adopt or enforce any ordinance, rule, or regulation in conflict with this article or with the rules and regulations adopted and promulgated by the state fire marshal under the terms and authority of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-271 - Reciprocal agreements with other states

The state fire marshal is authorized to enter into reciprocal agreements with another state to effectuate the purposes of this article.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 10 - SALE AND STORAGE OF LIQUEFIED PETROLEUM GAS (§§ 10-1-260 — 10-1-272) › Section 10-1-272 - Penalty for violating article or rules and regulations

Any person, firm, association, or corporation violating this article or any of the rules and regulations of the state fire marshal made under this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 11 - BIDDING BY MOTION PICTURE EXHIBITORS (§§ 10-1-290 — 10-1-294) › Section 10-1-290 - Short title

This article shall be known and may be cited as the "Georgia Motion Picture Fair Competition Act."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 11 - BIDDING BY MOTION PICTURE EXHIBITORS (§§ 10-1-290 — 10-1-294) › Section 10-1-291 - Legislative intent

The intent of this article is to establish fair and open procedures for the bidding and negotiation for the right to exhibit motion pictures within the state in order to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state, to promote fair and effective competition in that business, and to ensure that exhibitors have the opportunity to view a motion picture and know its contents before committing themselves to exhibiting it in their municipalities or towns.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 11 - BIDDING BY MOTION PICTURE EXHIBITORS (§§ 10-1-290 — 10-1-294) › Section 10-1-292 - Definitions

As used in this article, the term:
(1)
"Bid" means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to exhibit a motion picture.
(2)
"Blind bidding" means the bidding for, negotiating for, or offering or agreeing to terms for the licensing or exhibition of a motion picture at any time before the motion picture has either been trade screened within the state or before the motion picture, at the option of the distributor, otherwise has been made available for viewing within the state by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(3)
"Distributor" means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale, or licensing.
(4)
"Exhibit" or "exhibition" means showing a motion picture to the public for a charge.
(5)
"Exhibitor" means any person engaged in the business of operating one or more theaters.
(6)
"Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.
(7)
"License agreement" means any contract, agreement, understanding, or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor.
(8)
"Person" means one or more individuals, partnerships, associations, societies, trusts, organizations, or corporations.
(9)
"Run" means the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A "first run" is the first exhibition of a picture in the designated area; a "second run" is the second exhibition; and "subsequent runs" are subsequent exhibitions after the second run. "Exclusive run" is any run limited to a single theater in a defined geographic area, and a "nonexclusive run" is any run in more than one theater in a defined geographic area.
(10)
"Theater" means any establishment in which motion pictures are exhibited to the public regularly for a charge.
(11)
"Trade screening" means the showing of a motion picture by a distributor at the location of the film exchange that distributes his picture in Georgia, which is open to any exhibitor from whom the distributor intends to solicit bids or with whom the distributor intends to negotiate for the right to exhibit the motion picture.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 11 - BIDDING BY MOTION PICTURE EXHIBITORS (§§ 10-1-290 — 10-1-294) › Section 10-1-293 - Blind bidding prohibited; trade screening required; notice of screening; waivers void

(a)
Blind bidding is prohibited within the state. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has either been trade screened or before the motion picture, at the option of the distributor, otherwise has been made available for viewing within the state by all exhibitors from whom the distributor is soliciting bids or with whom the distributor is negotiating for the right to exhibit the motion picture.
(b)
A distributor shall provide reasonable and uniform notice of the trade screening of any motion picture to those exhibitors within the state from whom he intends to solicit bids or with whom he intends to negotiate for the right to exhibit that motion picture.
(c)
Any purported waiver of the prohibition against blind bidding in this article shall be void and unenforceable.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 11 - BIDDING BY MOTION PICTURE EXHIBITORS (§§ 10-1-290 — 10-1-294) › Section 10-1-294 - Enforcement by civil action; damages; attorneys' fees; injunctions

In any civil action for damages against a person for violation of this article, the court may award damages to the prevailing party and reasonable attorneys' fees. This article may be enforced by injunction or any other available equitable or legal remedy.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 13 - BOOK, PERIODICAL, OR NEWSPAPER TIE-IN SALES (§§ 10-1-330 — 10-1-331) › Section 10-1-330 - Refusal to sell books, periodicals, or magazines to dealers refusing others not ordered

It shall be unlawful for any distributor of any book, magazine, periodical, or newspaper to refuse to sell to any dealer for his subsequent sale at retail any book, magazine, periodical, or newspaper if the distributor predicates his refusal to sell the publications desired solely upon the dealer's refusal to purchase from the distributor other books, magazines, periodicals, or newspapers not originally requested by the dealer.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 13 - BOOK, PERIODICAL, OR NEWSPAPER TIE-IN SALES (§§ 10-1-330 — 10-1-331) › Section 10-1-331 - Penalty

Any person, firm, or corporation violating this article shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-352 - Requirements for purchase of burial objects

No secondary metals recycler shall purchase a burial object unless it is purchased from:
(1)
A funeral director licensed pursuant to Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler;
(2)
A cemetery owner registered pursuant to Code Section
10-14-4
or with another state that provides a copy of such valid registration at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler;
(3)
A manufacturer or distributor of burial objects that provides a copy of a valid business license at the time of the purchase transaction that is scanned or photocopied by the secondary metals recycler;
(4)
A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object; or
(5)
A secondary metals recycler who provides proof of registration pursuant to Code Section
10-1-359.1
and a signed statement stating that the required information concerning the purchase transaction involving such burial object was provided by such secondary metals recycler to the Georgia Bureau of Investigation pursuant to Code Section
10-1-359.5
.
Amended by 2015 Ga. Laws 84,§ 3, eff. 7/1/2015.
Added by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-354 - Inspections by law enforcement officers

During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect:
(1)
Any and all regulated metal property in the possession of the secondary metals recycler; and
(2)
Any and all records required to be maintained under Code Section
10-1-353
.
Renumbered from 10-1-352 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-355 - [Effective 1/1/2026] Conditions and limitations on payments for regulated metal property; exception for transaction between business entities

(a)
A secondary metals recycler shall pay only by check, electronic funds transfer, cash, or voucher for regulated metal property and shall make any such payment as specifically provided for in this Code section.
(b)
Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler.
(c)
Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date.
(d)
A secondary metals recycler shall be prohibited from:
(1)
redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and
(2)
providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer.
(e)
The provisions of this Code section shall not apply to any transaction between business entities.
Amended by 2023 Ga. Laws 31,§ 2-1, eff. 1/1/2026.
Amended by 2023 Ga. Laws 31,§ 1-4, eff. 1/1/2024.
Renumbered from 10-1-352.1 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
Added by 2009 Ga. Laws 150,§ 3, eff. 7/1/2009.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-356 - Hold on regulated metal property believed to be stolen; notice; release of hold

(a)
Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(b)
No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer.
(c)
At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction.
Renumbered from 10-1-353 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-357 - Contesting identification or ownership of regulated metal property; action to recover property

(a)
If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler.
(b)
When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the seller or deliverer is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate.
Renumbered from 10-1-354 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-358 - Purchases of regulated metal property exempted from application of article

This article shall not apply to purchases of regulated metal property, other than used, detached catalytic converters, from:
(1)
Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations;
(2)
A law enforcement officer acting in an official capacity;
(3)
A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;
(4)
Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;
(5)
A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or
(6)
A manufacturing, industrial, or other commercial vendor that generates and sells regulated metal property in the ordinary course of its business, provided that such vendor is not a secondary metals recycler.
Amended by 2023 Ga. Laws 31,§ 1-5, eff. 7/1/2023.
Renumbered from 10-1-355 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-358.1 - Exclusions from article's applicability

The provisions of this article shall not apply to a vehicle purchased in compliance with Code Section
40-3-36
by a used motor vehicle dealer or used motor vehicle parts dealer licensed pursuant to Chapter 47 of Title 43.
Added by 2015 Ga. Laws 84,§ 5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-359 - Prohibited acts

It shall be unlawful for:
(1)
A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 7:00 P.M. and 7:00 A.M.; and
(2)
Any person to give a false or altered personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction.
Renumbered from 10-1-356 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-359.2 - Penalties for violations

(a)
Except as provided for in subsection (e) of Code Section
10-1-359.1
, any person who buys or sells regulated metal property in violation of any provision of this article:
(1)
For a first offense, shall be guilty of a misdemeanor;
(2)
For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and
(3)
For a third or subsequent offense or when such regulated metal property is unlawfully obtained and results in property damage exceeding $1,500.00, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years.
Each unlawfully possessed or obtained used, detached catalytic converter, as such term is defined in subsection (d) of Code Section
10-1-351
, shall be considered a separate offense under this Code section.
(b)
Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees.
Amended by 2023 Ga. Laws 31,§ 1-7, eff. 7/1/2023.
Renumbered from 10-1-357 and amended by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.
Amended by 2007 Ga. Laws 345,§ 2, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 1 - SELLING AND OTHER TRADE PRACTICES (§§ 10-1-1 — 10-1-945) › Article 14 - SECONDARY METALS RECYCLERS (§§ 10-1-350 — 10-1-359.5) › Section 10-1-359.3 - Forfeiture; items declared contraband

(a)
As used in this Code section, the term:
(1)
"Crime" means:
(A)
Theft by taking in violation of Code Section
16-8-2
, theft by conversion in violation of Code Section
16-8-4
, or theft by receiving stolen property in violation of Code Section
16-8-7
if the subject of the theft was regulated metal property;
(B)
Criminal damage to property in the first degree in violation of paragraph (2) of subsection (b) of Code Section
16-7-22
; or
(C)
A criminal violation of this article.
(2)
"Proceeds" shall have the same meaning as set forth in Code Section
16-13-49
.
(3)
"Property" shall have the same meaning as set forth in Code Section
16-13-49
.
(b)
The following are declared to be contraband, and no person shall have a property right in them:
(1)
Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom;
(2)
Any weapon possessed, used, or available for use in any manner to facilitate a crime; and
(3)
Any used, detached catalytic converter, as such term is defined in subsection (d) of Code Section
10-1-351
, possessed in violation of subsection (d) of Code Section
10-1-351
and any vehicle used in the transportation of such used, detached catalytic converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant to this subsection, including the reporting requirements set forth in Code Section
9-16-7
, shall be stayed during the pendency of criminal proceedings unless otherwise agreed to by the owner or interest holder of such vehicle.
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
Amended by 2023 Ga. Laws 31,§ 1-8, eff. 7/1/2023.
Amended by 2023 Ga. Laws 30,§ 1, eff. 7/1/2023.
Added by 2012 Ga. Laws 590,§ I-1-1, eff. 7/1/2012.