reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-1.1 - Legislative intent; construction

(a)
This title has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of the State of Georgia of 1983. It is the intent of the General Assembly that this title do all of the following:
(1)
Further regulate and control alcoholic beverage transactions in this state under the control and supervision of the commissioner;
(2)
Promote and assure the public's interest in fair and efficient distribution and quality control of alcoholic beverages in this state;
(3)
Promote orderly marketing of alcoholic beverages;
(4)
Prevent unfair business practices, discrimination, and undue control of one segment of the alcoholic beverage industry by any other segment;
(5)
Foster vigorous and healthy competition in the alcoholic beverage industry;
(6)
Preserve and promote a robust, stable system of distribution of alcoholic beverages to the public;
(7)
Provide for an orderly system of public revenues by facilitating the collection and accountability of this state and local excise taxes;
(8)
Facilitate the collection of state and local revenue;
(9)
Promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring that the commissioner shall be able to inspect and seize any alcoholic beverage shipped into, distributed, and sold throughout this state and ensuring that any such alcoholic beverage:
(A)
Has been registered for sale in this state with the commissioner;
(B)
Is not subject to a government mandated or supplier initiated recall;
(C)
Is not counterfeit;
(D)
Is labeled in conformance with applicable laws, rules, and regulations;
(E)
Can be tested by the commissioner or an agent assigned by the commissioner; and
(F)
Is not prohibited by this state; and
(10)
Promote and maintain a sound, stable, and viable three-tier system of distribution of alcoholic beverages to the public.
(b)
If any provision of this title or its application to any person or circumstance is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to alcoholic beverages, the remaining provisions shall be construed to enhance strict regulatory control over the taxation, manufacture, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the licensing laws imposed by this title.
Added by 2020 Ga. Laws 558,§ 1A, eff. 8/3/2020.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-2 - Powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally; due process guidelines; fingerprints

(a)
Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority of the county or municipality. Each such local governing authority is given discretionary powers within the guidelines of due process set forth in this Code section as to the granting or refusal, suspension, or revocation of the permits or licenses; provided, however, that residency by an applicant within the city or county issuing the permit or license shall not be a requirement by the respective local governing authority if the applicant designates a resident of the city or county who shall be responsible for any matter relating to the license.
(b)
The granting or refusal and the suspension or revocation of the permits or licenses shall be in accordance with the following guidelines of due process:
(1)
The governing authority shall set forth ascertainable standards in the local licensing ordinance upon which all decisions pertaining to these permits or licenses shall be based;
(2)
All decisions approving, denying, suspending, or revoking the permits or licenses shall be in writing, with the reasons therefor stated, and shall be mailed or delivered to the applicant; and
(3)
Upon timely application, any applicant aggrieved by the decision of the governing authority regarding a permit or license shall be afforded a hearing with an opportunity to present evidence and cross-examine opposing witnesses.
(c)
As a prerequisite to the issuance of any such initial permit or license only, the applicant shall furnish a complete set of fingerprints to be forwarded to the Georgia Bureau of Investigation, which shall search the files of the Georgia Crime Information Center for any instance of criminal activity during the two years immediately preceding the date of the application. The Georgia Bureau of Investigation shall also submit the fingerprints to the Federal Bureau of Investigation under the rules established by the United States Department of Justice for processing and identification of records. The federal record, if any, shall be obtained and returned to the governing authority submitting the fingerprints.
Amended by 2006 Ga. Laws 510,§ 6, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-2.1 - Notice to revenue department by county or municipality of violations concerning sale of alcoholic beverages to underage persons

(a)
As used in this Code section, the term:
(1)
"Disciplinary action" means any citation or arrest arising out of the violation of any law, rule, regulation, resolution, or ordinance of a governmental entity relating to the manufacture, distribution, sale, or possession of alcoholic beverages against a licensee, an employee of a licensee, or any person holding a financial interest in the license of the licensee on the premises or place of business of any licensee.
(2)
"Governmental entity" means the United States government, any state government, any local government, and any department, agency, or instrumentality thereof.
(3)
"Licensee" means any person issued a license pursuant to this title by a governmental entity to operate a bar.
(b)
(1)
Within 45 days of any disciplinary action, the licensee shall notify the department of the details of such disciplinary action, including the date such action was taken, the nature of such action, and any other information required by the department, using a format to be determined by the department.
(2)
The commissioner may impose a fine not to exceed $750.00 for each violation of paragraph (1) of this subsection. A second or subsequent violation of paragraph (1) of this subsection which occurs within three years from the date of the first violation may constitute grounds for the suspension, revocation, or cancellation of such person's license.
(c)
Every county or municipality which issues licenses to a licensee authorizing the manufacture, distribution, or sale of alcoholic beverages shall by resolution or ordinance adopt a policy and implement a process by which any disciplinary action against a licensee shall be reported to the department within 45 days of any officer, department, agency, or instrumentality of such county or municipality taking such disciplinary action.
(d)
The commissioner shall determine and make available the format for the reporting of disciplinary actions and shall promulgate rules and regulations as to the implementation and use of such reporting method.
Amended by 2016 Ga. Laws 625,§ 3, eff. 5/3/2016.
Amended by 2015 Ga. Laws 78,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-2.2 - Maximum fine for violations of local alcoholic beverages licensing ordinances

Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section
36-35-6
or any other provision of general law, in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises, the maximum fine for violations of local alcoholic beverages licensing ordinances referenced in Code Section
3-3-2
pertaining to licenses issued to sell alcoholic beverages by the drink for consumption on the premises shall be $2,500.00. Nothing in this Code section shall prohibit the governing authority of a county or municipality from imposing a penalty that is otherwise allowed by law, unless such law is a local law in conflict with this Code section.
Added by 2006 Ga. Laws 836,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-3 - Licenses required to distribute, sell, or otherwise deal in alcoholic beverages; display of licenses

(a)
No person shall manufacture, distribute, sell, handle, or possess for sale, or otherwise deal in, alcoholic beverages without first obtaining all applicable licenses required by this title.
(b)
Each person holding a license issued pursuant to this title shall display the license prominently at all times on the premises for which the license is issued.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-4 - Exemptions from license fees or taxes

There shall be no exception from the license fees or taxes provided by this title in favor of any person unless specifically provided for by law.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-5 - Sale of alcoholic beverages not complying with federal requirements as to quality or purity or standards adopted by commissioner

No alcoholic beverages shall be sold by any licensee under this title if the alcoholic beverages do not fully meet all federal requirements as to quality or purity, as represented by the label, or do not meet such standards as may be adopted by the commissioner.
Amended by 2002 Ga. Laws 462,§ 3, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-6 - Maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers; disposal of records

(a)
Each manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, or sold by him. The records shall be kept for a period of three years from the date of manufacture, purchase, or sale and shall at all times be open to inspection by the commissioner or any authorized agent or employee of the commissioner.
(b)
The commissioner may authorize by rule the disposal of records maintained pursuant to subsection (a) of this Code section, prior to the expiration of the specified three-year period, when he is satisfied as to their contents or otherwise determines that the maintenance of the records is no longer necessary.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-8 - Possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state

(a)
(1)
An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid:
(A)
In the case of distilled spirits, not in excess of one-half gallon;
(B)
In the case of malt beverages, not in excess of 576 ounces or two standard cases of 12 ounce cans or the equivalent thereof or one 7.75 gallon keg or barrel; and
(C)
In the case of wine, not in excess of one-half gallon, except where the wine possessed was purchased and shipped pursuant to Code Section
3-6-32
and where the possessor has in his or her possession documentation evidencing that the wine was so purchased and shipped.
(2)
Upon paying the excise taxes imposed by this title, an individual may possess and transport in this state the following quantities of alcoholic beverages purchased outside this state for personal or household use:
(A)
In the case of distilled spirits, not in excess of one gallon;
(B)
In the case of malt beverages, not in excess of two standard cases or the equivalent thereof; and
(C)
In the case of wine, not in excess of two standard cases or the equivalent thereof.
(3)
Whenever alcoholic beverages upon which the taxes imposed by this title have not been paid are being transported in a motor vehicle or other conveyance capable of transporting people, each individual in such motor vehicle or other conveyance, who is authorized to possess alcoholic beverages shall be entitled to the exemptions set forth in paragraph (1) of this subsection, and there shall be no presumption that all alcoholic beverages in the motor vehicle are possessed by the owner or operator of the motor vehicle. Where alcoholic beverages are possessed in excess of the exemptions set forth in paragraph (1) of this subsection, the possessor must have in his or her possession documentation evidencing that the excise taxes imposed by this title have been paid to the commissioner.
(b)
This Code section shall apply only with respect to alcoholic beverages purchased by the possessor outside of this state in accordance with the laws of the place where purchased and brought into this state by the purchaser. The burden of proof that the beverages were purchased outside this state and in accordance with the laws of the place where purchased shall in all cases be upon the possessor of the beverages.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-9 - Penalty for violations of prohibitions in chapter

(a)
It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter.
(b)
Except as otherwise provided in this chapter, any person who violates any prohibition contained in this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 1 - GENERAL PROVISIONS (§§ 3-3-1 — 3-3-11) › Section 3-3-11 - Sale of mixed drinks for off premises consumption

(a)
For purposes of this Code section, the term:
(1)
"Approved container" means a tamper evident container that:
(A)
Does not contain openings or straw holes;
(B)
Is sealed in a manner that is visibly apparent if the container has been subsequently opened or tampered with; and
(C)
Has an affixed label or marking that identifies the licensee that prepared and sold the mixed drink.
(2)
"Curbside pick-up" means when a licensee furnishes purchased goods to a customer's vehicle within a clearly designated pick-up area located within a paved parking area adjacent to the licensed premises.
(3)
"Food service establishment" means any establishment holding a valid food service permit from its respective county health department.
(4)
"Mixed drink" means a beverage prepared by combining distilled spirits with nonalcoholic liquid or liquids and that:
(A)
Is prepared on the day of sale by an employee of the licensee;
(B)
Contains no more than 3 ounces of distilled spirits; and
(C)
Is sealed in an approved container.
(b)
Notwithstanding any other contrary provision of law and unless otherwise prohibited by local ordinance or resolution, any food service establishment which is licensed to sell distilled spirits for consumption on the premises may sell mixed drinks for off-premises consumption in approved containers, provided that such mixed drinks are:
(1)
Sold to an individual 21 years of age or older who shall be limited to two mixed drinks per entree ordered;
(2)
Accompanied by a food order and a sales receipt with a time stamp that indicates the date and time of such purchases;
(3)
Sold for personal use and not for resale and picked up in person by the same individual customer to whom the mixed drinks and entrees were sold and from whom the food service establishment received payment; provided, however, that such individual customer shall not include a delivery service or third-party agent; and
(4)
Furnished with the accompanying food order to the customer on the premises or by way of curbside pick-up.
(c)
If transported in a motor vehicle, the customer shall place the mixed drink in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.
(d)
Sales of mixed drinks for off-premises consumption shall be taxed in accordance with Code Sections
3-4-130
through
3-4-133
.
(e)
The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section.
Added by 2021 Ga. Laws 227,§ 1, eff. 5/5/2021.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-21.1 - Possession of alcoholic beverages on the grounds of a public school

(a)
Except as provided in subsection (b) of this Code section, no person shall possess any alcoholic beverages upon the grounds or within any structure of a public elementary school; public high school; or public trade, vocational, or industrial school.
(b)
Subsection (a) of this Code section shall not apply to any situation where alcoholic beverages are used by a teacher for educational purposes nor to any situation where alcoholic beverages are used in a religious ceremony or observance.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-22 - Sale or furnishing of alcoholic beverages to intoxicated persons

No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-24 - Dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age

(a)
No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages.
(b)
This Code section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, breweries, or drugstores from selling or handling alcoholic beverages which are sold for consumption off the premises.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-24.1 - "Bouncer" defined; admission of under 21 year olds into bar

(a)
As used in this Code section, the term "bouncer" means an individual primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof.
(b)
No person shall allow or require an individual under the age of 21 to serve as a bouncer on a premises or in an establishment where alcoholic beverages are dispensed, served, or sold pursuant to a license issued under this title.
(c)
No individual under the age of 21 shall enter or be allowed to enter a bar unless he or she is accompanied by his or her parent, guardian, or spouse who is 21 years of age or older. This subsection shall not apply to an individual while he or she is attending a live musical concert or live presentation of the performing arts for which he or she has paid an admission charge.
Added by 2015 Ga. Laws 78,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-24.2 - Posting of laws regarding sale of alcoholic beverages to underage persons

(a)
Each retail business establishment in this state which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to underage persons and the penalties for violating such laws.
(b)
The department shall prepare, print, and distribute the notices required by subsection (a) of this Code section. The notices shall contain those provisions of the law of this state which the department determines will best inform the citizens of this state of the relevant provisions of the law regarding sale of alcoholic beverages to underage persons.
(c)
The commissioner may take punitive action against violators, up to and including revocation of the state retail dealer's license of any retail business establishment which fails to comply with this Code section. The undertaking of any punitive action allowed under this Code section shall not prohibit criminal prosecution for sale to underage persons.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-25 - Sale of or furnishing alcoholic beverages to prisoners or inmates of places of confinement; introduction or possession of alcoholic beverages at Georgia War Veterans Home

(a)
No person knowingly and intentionally shall:
(1)
Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to any person confined in any jail, penal institution, correctional facility, or other lawful place of confinement; or
(2)
Introduce or possess any alcoholic beverages in the buildings of the Georgia War Veterans Home operated for the use and care of disabled war veterans.
(b)
Nothing contained in this Code section shall prevent or prohibit:
(1)
The administration of alcohol by the staff of the institutions provided for in subsection (a) of this Code section to any prisoner, patient, or lawful inmate in strict compliance with the prescription of a licensed physician; or
(2)
The staff members of the Georgia War Veterans Home who maintain their domicile on the grounds of such institution from possessing alcoholic beverages for their own consumption or for that of their families or persons invited to their homes, except patients or lawful inmates of such institution.
(c)
No person shall knowingly allow any other person to violate this Code section.
Amended by 2015 Ga. Laws 22,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-26 - Prohibition on drinking of alcoholic beverages on retail package premises; sampling permitted; regulation

(a)
Except as provided in this Code section or Chapter 15 of this title, no retail package liquor store shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold.
(b)
Nothing in this title shall be construed to prohibit a representative or salesperson of a manufacturer or wholesaler from opening a package of alcoholic beverages on the premises of a retail package liquor store or other retail dealer for the purpose of providing samples of such alcoholic beverage product to a retail dealer or its employees for consumption on the licensed premises, provided that:
(1)
All samples are provided and consumed in the presence of a representative or salesperson of the manufacturer or wholesaler in an office, storage room, or other area of the licensed premises of the retail dealer that is closed to the public; and
(2)
Such representative or salesperson of the manufacturer or wholesaler removes from the licensed premises any packages he or she brought onto such licensed premises in order to provide samples of alcoholic beverage products.
For purposes of this subsection, the term "sample" means a small amount of any malt beverage, wine, or distilled spirits.
(c)
The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section.
Amended by 2020 Ga. Laws 558,§ 5, eff. 8/3/2020.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-27 - Unlawful manufacture, transportation, receipt, possession, sale, or distribution of alcoholic beverages; failure to file proper reports or bonds or pay fees; declaration of apparatus used in unlawful manufacture of alcoholic beverages as contraband; penalties

(a)
No person knowingly and intentionally shall:
(1)
Distill, manufacture, or make any distilled spirits, except as permitted by this title;
(2)
Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title;
(3)
Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic beverages or alcohol, except as permitted by this title;
(4)
Fail to file any report required by this title;
(5)
File any report required by this title that is either intentionally false or fraudulent, or both;
(6)
Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from such payment;
(7)
Fail to have a sufficient bond filed with the commissioner as required by this title; or
(8)
Evade or violate, or conspire to evade or violate, any provision of this title.
(b)
Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents seizing the property or otherwise disposed of as the commissioner directs.
(c)
Any person who violates the provisions of:
(1)
Paragraph (1) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years;
(2)
Paragraphs (2) through (8) of subsection (a) of this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-27.1 - Report to the commissioner of alcoholic beverages transported into this state

Except with respect to alcoholic beverages lawfully possessed pursuant to Code Section
3-3-8
, no person, common carrier, or contract carrier shall transport any alcoholic beverage into this state unless such transportation is immediately reported to the commissioner. Each such report shall show the consignor and consignee, the quantity delivered, and such other information as required by the commissioner.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-28 - [Repealed and Reserved] Reuse, counterfeiting, or forging of tax stamps

Repealed by 2005 Ga. Laws 96,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-29 - Possession, sale, or purchase of distilled spirits for which taxes not paid

Except as otherwise expressly provided for by law, no person knowingly and intentionally shall possess, sell, or purchase any distilled spirits upon which the taxes imposed by this title have not been paid.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-30 - Storage and distribution of alcoholic beverages by corporations granted the privilege of establishing, operating, and maintaining foreign trade zones

(a)
Any provision of this title to the contrary notwithstanding, any public or private corporation which has been granted the privilege of establishing, operating, and maintaining a foreign trade zone by the Foreign Trade Zones Board in accordance with an act of Congress, approved June 18, 1934, entitled "An Act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce and for other purposes," may store alcoholic beverages, until the termination of such privilege, within the boundaries of such foreign trade zone. Any public or private corporation which has been granted the privilege of establishing, operating, or maintaining a foreign trade zone may also distribute alcoholic beverages to destinations outside this state.
(b)
Nothing contained in this Code section shall authorize the sale at retail of any alcoholic beverages within the boundaries of a foreign trade zone if the sale would otherwise be prohibited by the laws of this state.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-31 - Legislative findings

The General Assembly finds, determines, and declares that the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of this state in violation of this title poses a serious threat to the public health, safety, revenue, and the economy of Georgia. The General Assembly further finds, determines, and declares that the present penalties for illegal direct shipments of alcoholic beverages to residents of this state are inadequate to ensure compliance with the provisions of this title and that the measures provided for in Code Section
3-3-32
are fully consistent with the powers conferred upon the State of Georgia by the Twenty-first Amendment to the Constitution of the United States.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-32 - Shipment of alcoholic beverages into state by nonresident, without license, who is in business of selling alcoholic beverages in another state

(a)
Any person in the business of selling alcoholic beverages in another state or country who knowingly and intentionally ships or causes to be shipped any alcoholic beverages directly to any resident of this state who does not hold a valid manufacturer's, importer's, broker's, or wholesaler's license issued by the State of Georgia is in violation of this chapter.
(b)
Any person found by the commissioner to be in violation of subsection (a) of this Code section shall be issued a cease and desist order by certified mail or statutory overnight delivery. Any person who, after receiving a cease and desist order, is found by the commissioner to be in violation of subsection (a) of this Code section for a second or subsequent occurrence, within a two-year period of the first violation, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $10,000.00. This subsection shall not apply to any person who has registered brands for sale with the commissioner pursuant to Code Section
3-4-152
,
3-5-31
or
3-6-22
and who shall have current licenses and posted adequate surety bonds as required by this title; provided, however, violations of the provisions of subsection (a) of this Code section shall constitute grounds for the commissioner to take appropriate administrative action against such person, including suspension or cancellation of license and forfeiture of bonds.
(c)
This Code section shall not apply to the direct shipment of sacramental alcoholic beverages to bona fide religious organizations as authorized by the commissioner.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-33 - Vaporized form of alcoholic beverages and alcohol vaporizing devices prohibited

(a)
As used in this Code section, the term:
(1)
"Alcohol vaporizing device" means any device, machine, or process that mixes any alcoholic beverages with pure oxygen or other gas to produce a vaporized product for the purpose of consumption by inhalation.
(2)
"Licensed premises" means any premises in which alcoholic beverages are sold or dispensed for consumption on the premises and shall include any premises which are required by law to be licensed to sell or dispense alcoholic beverages for consumption on the premises.
(3)
"Operator" means an owner, license holder, operator, manager, or person in charge of any licensed premises.
(b)
(1)
No person shall purchase, offer for sale or use, sell, or use any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device. This paragraph shall not apply to a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
(2)
No person shall own or possess any alcohol vaporizing device, including but not limited to any machine known as an Alcohol Without Liquid (AWOL) machine. This paragraph shall not apply to any nebulizer or atomizer used to supply a product that contains alcohol as otherwise lawfully prescribed by a health care practitioner who is licensed under Title 43.
(c)
No operator shall keep or allow to be kept on the licensed premises thereof any vaporized form of an alcoholic beverage produced by an alcohol vaporizing device.
(d)
Any person convicted of a violation of this Code section shall be guilty of a misdemeanor. Any person convicted of a violation of this Code section involving the offer for sale or use to a person under the age of 21 shall be guilty of a misdemeanor, except that upon the second or subsequent conviction such person so convicted shall be guilty of a misdemeanor of a high and aggravated nature.
Added by 2008 Ga. Laws 499,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 2 - PROHIBITED ACTS (§§ 3-3-20 — 3-3-34) › Section 3-3-34 - "Powdered alcohol" defined; prohibition; exception; penalty

(a)
For purposes of this Code section, the term "powdered alcohol" means a powdered or crystalline substance that contains any amount of alcohol for direct use or reconstitution.
(b)
(1)
No person shall manufacture, use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol.
(2)
No person licensed or issued a permit pursuant to this title shall use powdered alcohol as an alcoholic beverage or use powdered alcohol to create an alcoholic beverage.
(c)
This Code section shall not apply to the use of powdered alcohol for bona fide research purposes by a:
(1)
Health care provider that operates primarily for the purpose of conducting scientific research;
(2)
State institution;
(3)
Private college or university; or
(4)
Pharmaceutical or biotechnology company.
(d)
Any person convicted of a violation of this Code section shall be guilty of a misdemeanor.
(e)
Any violation of this Code section by a person licensed or issued a permit pursuant to this title shall constitute grounds for the suspension and revocation of any and all of such licenses and permits issued to such person.
Added by 2015 Ga. Laws 78,§ 4, eff. 5/5/2015.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 3 - REGULATION OF ALCOHOLIC BEVERAGES GENERALLY (§§ 3-3-1 — 3-3-40) › Article 3 - PROHIBITED CONDUCT ON LICENSED PREMISES (§ 3-3-40) › Section 3-3-40 - through 3-3-46 - [Repealed]

Repealed by Ga. L. 2019, p. 919, § 18-1/HB 553, effective July 1, 2019.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 1 - GENERAL PROVISIONS (§§ 3-4-1 — 3-4-3) › Section 3-4-1 - Definitions

As used in this chapter, the term:
(1)
"Barrel" means 53 gallons.
(2)
"Denatured alcohol" or "denatured distilled spirits" means alcohol, as defined in Code Section
3-1-2
, to which denaturants have been added in order to render the alcohol unfit for beverage purposes or internal human medicinal use. As used in this paragraph, the term "denaturants" means materials authorized for use pursuant to Chapter 1 of Title 27 of the Code of Federal Regulations, as the same may now or hereafter be amended.
(3)
"Distiller" means a manufacturer.
(4)
"Fruit grower" means any person who grows peaches, apples, pears, grapes, or other perishable fruits in this state and who manufactures distilled spirits from the perishable fruits grown in this state.
Amended by 2017 Ga. Laws 178,§ 1, eff. 9/1/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 1 - GENERAL PROVISIONS (§§ 3-4-1 — 3-4-3) › Section 3-4-2 - Applicability of chapter to ethyl alcohol used for certain purposes

(a)
This chapter shall not apply to ethyl alcohol intended for use or used for the following purposes:
(1)
For scientific, chemical, mechanical, industrial, medicinal, and culinary purposes;
(2)
For use by those authorized to procure ethyl alcohol tax free, as provided by federal law;
(3)
In the manufacture of denatured alcohol or denatured distilled spirits produced and used as provided by federal law;
(4)
In the manufacture of patented, patent, proprietary, medicinal, pharmaceutical, antiseptic, toilet, scientific, chemical, mechanical, and industrial preparations or products unfit for beverage purposes; or
(5)
In the manufacture of flavoring extracts and syrups unfit for beverage purposes.
(b)
Nothing contained in subsection (a) of this Code section shall prohibit the commissioner from promulgating reasonable rules and regulations with regard to ethyl alcohol intended for use or used for any of the above-mentioned purposes in order to ensure proper enforcement of this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 1 - GENERAL PROVISIONS (§§ 3-4-1 — 3-4-3) › Section 3-4-3 - Retail dealer's signs; signs advertising Georgia lottery

(a)
Except as otherwise provided in subsection (b) of this Code section, a licensed retail dealer in distilled spirits may display at the licensee's place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words "liquor," "beer," "wine," "champagne," or any combination thereof, and "package store" or "liquor store," together with the trade name of the retail dealer. In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words "package store" or "liquor store" and the trade name of the retail dealer. Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger than 16 square feet in area.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, the commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote any lottery authorized under Chapter 27 of Title 50, the "Georgia Lottery for Education Act," provided that such signs are in compliance with said Chapter 27 of Title 50 and the rules and regulations of the board of directors of the Georgia Lottery Corporation.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-20 - Levy and amount of state occupational license tax; application for license

(a)
An annual occupational license tax is imposed upon each distiller, manufacturer, broker, importer, wholesaler, fruit grower, and retail dealer of distilled spirits in this state, as follows:
(1)
Upon each distiller and manufacturer....................................
$ 1,000.00
(2)
Upon each wholesale dealer...................................................
1,000.00
(3)
Upon each importer..................................................................
1,000.00
(4)
Upon each fruit grower..............................................................
500.00
(5)
Upon each broker......................................................................
100.00
(6)
Upon each retail dealer.............................................................
100.00
(7)
Upon each special event use permit applicant ............................
100.00
(b)
An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.
Amended by 2012 Ga. Laws 697,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-21 - Prohibition of holding or having beneficial interest in more than two retail dealer licenses

(a)
No person shall be issued more than two retail dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest.
(b)
For purposes of this Code section:
(1)
The term "person" shall include all members of a retail dealer licensee's family; and the term "family" shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law.
(2)
The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.
(c)
Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been:
(1)
Held prior to the creation of any of the above relationships by marriage; or
(2)
Held prior to April 3, 1978.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-21.1 - Requirement for retail license; application of existing license to new location

(a)
A separate retail license shall be required for each place of business.
(b)
In cases where a retail licensee is moving his package sales business to a different location, he shall be authorized to make application to have the license for the location previously occupied apply to the new location. Anything contained in Code Section
3-4-21
to the contrary notwithstanding, if the retail licensee complies with all other requirements of law, the commissioner shall authorize the existing license to apply to the new location.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-22 - Filing of bonds by applicants for licenses generally

(a)
All applicants for all licenses issued pursuant to this chapter shall file with the commissioner, along with each initial application, a bond:
(1)
Conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, arising out of the operation of the business for which licensure is sought; and
(2)
Conditioned to pay all penalties which may be imposed upon the applicant for failure to comply with the laws and rules and regulations pertaining to distilled spirits.
The surety for the bonds shall be a surety company licensed to do business in this state, and the bonds shall be in such form as may be required by the commissioner and may be for a term of up to five calendar years.
(b)
The bonds shall be in the following calendar year amounts:
(1)
For distillers and manufacturers, $10,000.00;
(2)
For wholesale dealers and importers, $5,000.00; and
(3)
For retail dealers and brokers, $2,500.00.
(c)
All applicants for annual renewal of licenses issued pursuant to this chapter, other than retail licenses, shall file an annual bond or have a multiyear bond on file with the department that extends at least through the end of the calendar year for which renewal is sought. Such bonds shall meet the same conditions as those filed with the initial application.
Amended by 2014 Ga. Laws 631,§ 1, eff. 4/26/2014.
Amended by 2006 Ga. Laws 510,§ 8, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-23 - Certificate of residence required for retail dealer's license; intention of Code section

(a)
No retail dealer's license shall be issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter.
(b)
It is the purpose and intention of this Code section to prevent the sale of distilled spirits in any county or municipality other than those where distilled spirits may be legally sold under this chapter.
Amended by 2006 Ga. Laws 510,§ 9, eff. 7/1/2006.