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 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.6 - Application of conservation measures to property on loan to museum or archives

(a)
Unless there is a written loan agreement to the contrary, a museum or archives repository may apply conservation measures to property on loan to the museum or archives repository without the lender's permission or formal notice if action is required to protect the property on loan or other property in the custody of the museum or archives repository or the property on loan is a hazard to the health and safety of the public or the museum or archives repository staff, and either:
(1)
The museum or archives repository is unable to reach the lender at the lender's last known address within three days before the time the museum or archives repository determines action is necessary; or
(2)
The lender does not respond or will not agree to the protective measures the museum or archives repository recommends and does not terminate the loan and retrieve the property within three days.
(b)
If a museum or archives repository applies conservation measures to property under this article, or with the agreement of the lender, unless the agreement provides otherwise, the museum or archives repository acquires a lien on the property in the amount of the costs incurred by the museum or archives repository.
(c)
The museum or archives repository is not liable for injury to or loss of the property if the museum or archives repository:
(1)
Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum or archives repository or that the property on loan was a hazard to the health and safety of the public or the museum or archives repository staff; and
(2)
Exercised reasonable care in the choice and application of conservation measures.
Added by 2006 Ga. Laws 741,§ 2, eff. 7/1/2006.
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 17B - GEORGIA MUSEUM PROPERTY (§§ 10-1-529.1 — 10-1-529.7) › Section 10-1-529.7 - American Indian human remains and burial objects excluded

This article shall not apply to objects held by museums pursuant to Part 1 of Article 7 of Chapter 12 of Title 44, relating to American Indian human remains and burial objects held by museums.
Added by 2006 Ga. Laws 741,§ 2, eff. 7/1/2006.
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 18 - AUCTIONEERS (§ 10-1-530) › Section 10-1-530 - Liability for sale of stolen horse or mule

Any auctioneer who may sell or dispose of any horse or mule shall be held responsible to the purchaser for damages in the event it is shown and proved that the horse or mule so sold by him was stolen.
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 19 - [RESERVED] (§ 10-1-550) › Section 10-1-550 - through 10-1-555 - [Repealed]

Repealed by 2005 Ga. Laws 123,§ 1, eff. 7/1/2005.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-570 - Short title

This article shall be known and may be cited as "The Common Day of Rest Act of 1974."
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-571 - Definitions

As used in this article, the term:
(1)
"Two consecutive days of Saturday and Sunday" means the time between 12:00 Midnight on Friday and 12:00 Midnight on Saturday and from 12:00 Midnight on Saturday to 12:00 Midnight on Sunday.
(2)
"Two rest days" means the time between 12:00 Midnight on Friday and 12:00 Midnight on Saturday and from 12:00 Midnight on Saturday to 12:00 Midnight on Sunday.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-572 - Legislative intent

The purpose of this article is to promote the health, recreation, welfare, repose, and religious liberty of each individual of this state. This article is not designed to be discriminatory in any way or to any group but rather to provide the public with necessary benefits and services at all times, while at the same time protecting the lawful humanitarian, social, and religious rights of each individual.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-573 - Employees to be given benefit of day of rest

Any business or industry which operates on either of the two rest days (Saturday or Sunday) and employs those whose habitual day of worship has been chosen by the employer as a day of work shall make all reasonable accommodations to the religious, social, and physical needs of such employees so that those employees may enjoy the same benefits as employees in other occupations.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-574 - General exemptions from article

This article is not applicable to and shall not prohibit:
(1)
Casual transactions between persons, none of whom are thereby carrying on a business or business transactions;
(2)
Agricultural operations such as farming, animal and poultry husbandry, forestry, and allied activity;
(3)
The conduct of the businesses and activities referred to in Code Sections
10-1-575
and
10-1-576
;
(4)
The practice of the healing arts by persons licensed or otherwise authorized to practice the healing arts under the laws of Georgia.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-575 - Charitable or religious activities exempt

The prohibitions of this article are not applicable to a person, nonprofit organization, or nonprofit corporation if its activity is conducted solely for charitable or religious purposes.
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 20 - COMMON DAY OF REST (§§ 10-1-570 — 10-1-576) › Section 10-1-576 - Governmental departments, agencies, and employees exempt

The prohibitions of this article are not applicable to any federal, state, county, municipal, or other local government department or agency in the conduct of its official duties nor to the employees thereof in the discharge of their official employment.
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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-590 - Short title

This article shall be known and may be cited as the "Buying Services Act of 1975."
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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-591 - Definitions

As used in this article, the term:
(1)
"Attorney General" means the Attorney General or his or her designee.
(2)
"Business day" means any day other than a Saturday, Sunday, or legal holiday.
(3)
"Buying service," "buying club," or "club" means any corporation, partnership, unincorporated association, or other business enterprise which is organized with the primary purpose of providing benefits to members from the cooperative purchase of service or merchandise and which desires to effect such purpose through direct solicitation or other business activity in this state.
(4)
"Contract" means any contract or agreement by which a person becomes a member of a buying service or club.
(5)
"Member" means any natural person who is entitled to any of the benefits of a buying service or buying club.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-592 - Buying services and clubs to obtain licenses

No buying service or club nor any officer, official, employee, or agent thereof shall sell, advertise, or solicit the sale or purchase of memberships or contracts within this state without having first obtained a license to do business in this state from the Attorney General.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-593 - Conditions of licensure; bonds

As a condition to the issuance or retention of a license required by this article, each buying service or club shall:
(1)
Comply with such reasonable conditions for the issuance of a license as may be required by the Attorney General pursuant to this article;
(2)
Maintain a bond in the amount of $25,000.00 with a surety company duly authorized to do business in this state or post a cash bond in such amount, payable to the Governor; in either case, such bond shall be for the use and benefit of any person who has entered into a contract for membership in a buying service or club. Such bond shall be conditioned to pay all losses, damages, and expenses that may be sustained by such member by reason of any fraudulent misrepresentation or by reason of any breach of contract by the club; and
(3)
Furnish, if the buying service or club operates buying service activities at more than one physical location in this state, a surety bond for each location of buying service activity, each bond to be in the amount and subject to the conditions stated in paragraph (2) of this Code section.
Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-594 - Application for license; renewal; fee

(a)
Application for a license as a buying service or club shall be made on forms prescribed by the Attorney General and shall contain such information and supporting documents as he may require.
(b)
Licenses shall be issued for a period of one year and shall be renewable within 90 days preceding the expiration thereof.
(c)
The fee for a license or for the renewal thereof shall be $50.00, payable to the Attorney General for deposit by the Office of the State Treasurer in the general fund of the state.
Amended by 2015 Ga. Laws 187,§ 6, eff. 7/1/2015.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-595 - Revocation, suspension, and nonrenewal of licenses; grounds; notice and hearing

(a)
Licenses issued under this article may be revoked, suspended, or not renewed by the Attorney General for:
(1)
Any violation of the substantive provisions of this article;
(2)
A violation of any rule or regulation issued by the Attorney General pursuant to this article; or
(3)
A violation of any law of this state.
(b)
Licenses shall be revoked or suspended by the Attorney General only following notice and hearing pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-596 - Contracts of membership; approval of form by Attorney General; effect of noncompliance

No contract of membership shall be used by any buying service or club unless such contract is first approved by the Attorney General as to form. Any contract or agreement used in violation of this Code section shall be null, void, and of no effect.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-597 - Contracts of membership; right of cancellation; how exercised; entitlement to refund; right not waivable

(a)
Any person who has elected to become a member of a club may cancel such membership by giving written notice of cancellation any time before 12:00 Midnight of the third business day following the date on which membership was attained.
(b)
Notice of cancellation may be given personally or by mail. If given by mail, the notice is effective upon deposit in a mailbox, properly addressed and postage prepaid. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the member not to be bound by the contract.
(c)
Cancellation shall be without liability on the part of the member. The member will be entitled to a total refund, within ten days after notice of cancellation is given, of the entire consideration paid for the contract.
(d)
Rights of cancellation may not be waived or otherwise surrendered.
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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-598 - Contracts of membership; requirements; notice; effect of noncompliance

(a)
A copy of every contract shall be delivered to the member at the time the contract is signed.
(b)
Every contract must be in writing, must be signed by the member, must designate the date on which the member signed the contract, and must state, clearly and conspicuously in boldface type of a minimum size of 14 points, the following:
"MEMBER'S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. To prove that you canceled, it is recommended that you send the notice by certified mail or statutory overnight delivery. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before 12:00 Midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: ___
(insert name and mailing address of club)
___. If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, a total refund. It is recommended that you mail the notice of cancellation by certified mail or statutory overnight delivery, return receipt requested; check with your post office as to the time when you will be able to mail a certified letter. Be sure to keep a photocopy of the notice of cancellation which you mail."
(c)
Every contract which does not contain the notice specified in subsection (b) of this Code section may be canceled by the member at any time, without liability, by giving notice of cancellation by any means. Nothing contained in this Code section shall be construed to require that a member's cancellation notice be sent by certified mail or statutory overnight delivery in order to effect a cancellation.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-599 - Contracts of membership; authorized duration; notice thereof

No contract shall be valid for a term longer than 18 months from the date upon which the contract is signed. However, a club may allow a member to convert his or her contract into a contract for a period longer than 18 months after the member has been a member of the club for a period of at least six months. The duration of the contract shall be clearly and conspicuously disclosed in the contract in boldface type of a minimum size of 14 points.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-600 - Records to be kept; inspection thereof

(a)
Each buying service or club licensed in this state shall keep and maintain:
(1)
Accurate accounts, books, and records of all transactions in this state;
(2)
Copies of all agreements;
(3)
Dates and amounts of payments made and accepted thereon; and
(4)
The names and addresses of all members in this state.
(b)
Such accounts, books, and records shall be open for inspection by the Attorney General during normal business hours on all normal business days.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-601 - Rules, regulations, and orders

The Attorney General is authorized to promulgate, adopt, and issue rules, regulations, and orders necessary or convenient to carry out the provisions and purposes of this article. Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to the promulgation of rules and regulations by the Attorney General pursuant to this Code section.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-602 - Application of "Georgia Administrative Procedure Act" and "Fair Business Practices Act of 1975."

Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," shall apply to all actions and proceedings of an administrative nature taken by the Attorney General pursuant to this article, except where the Attorney General is acting under Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975." A violation of this article shall also be considered a violation of Part 2 of Article 15 of this chapter, the "Fair Business Practices Act of 1975."
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-603 - Injunctions

In addition to any other proceedings authorized by this article, the Attorney General may bring a civil action in the superior courts to enjoin any violation or threatened violation of any provision of this article or any rule, regulation, or order issued or enforced by the Attorney General pursuant to this article.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-604 - Civil penalty for violation; administrative hearing and review; judicial review; judgment on final order; remedy concurrent, alternative, and cumulative

(a)
In order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, the Attorney General may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation, whenever he or she determines, after a hearing, that any person has violated any provisions of this article or any rules, regulations, or orders promulgated under this article.
(b)
The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the Attorney General shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." All penalties recovered as provided in this Code section shall be paid into the state treasury.
(c)
The Attorney General may file, in the superior court of the county in which the person under an order resides, or if the person is a corporation, in the superior court of the county in which the corporation under an order maintains its principal place of business, or in the superior court of the county in which the violation occurred, a certified copy of the final order of the Attorney General unappealed from or of a final order of the Attorney General affirmed upon appeal. Thereupon, the court shall render judgment in accordance therewith and shall notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by such court.
(d)
The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Attorney General with respect to any violation of this article and any order, rules, or regulations promulgated pursuant thereto.
Amended by 2015 Ga. Laws 187,§ 6, 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-605 - Penalty

Any person, firm, corporation, organization, partnership, entity, buying club, or buying service violating any provision of 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 21 - BUYING SERVICES (§§ 10-1-590 — 10-1-606) › Section 10-1-606 - Continuing validity of previously adopted rules, orders, actions, and regulations

Rules, orders, actions, and regulations previously adopted which relate to functions performed by the administrator appointed pursuant to the Fair Business Practices Act of 1975 which were transferred under this article to the Attorney General shall remain of full force and effect as rules, orders, actions, and regulations of the Attorney General until amended, repealed, or superseded by rules or regulations adopted by the Attorney General.
Added by 2015 Ga. Laws 187,§ 6, 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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-620 - Short title

This article shall be known and may be cited as the "Georgia Motor Vehicle Franchise Practices Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-621 - Legislative findings

The General Assembly finds and declares that:
(1)
The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare;
(2)
The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state;
(3)
The maintenance of full and fair competition among dealers and others is in the public interest; and
(4)
The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-624 - Persons subject to article; written instruments violating article void; franchisor's use of subsidiary to accomplish illegal act

(a)
Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state.
(b)
The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument.
(c)
Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article, and any amendments thereto, shall be deemed null and void and without force and effect.
(d)
No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor.
Amended by 2010 Ga. Laws 645,§ 4, eff. 6/4/2010.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-625 - Statute of limitations

Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-626 - Remedies not exclusive

The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts 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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-627 - Waiver of article void; voluntary releases valid

No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement to resolve a specific claim, dispute, or action between the franchisor and the dealer or when separate and adequate consideration is offered and accepted, provided that the renewal of a franchise shall not by itself constitute separate and adequate consideration.
Amended by 2010 Ga. Laws 645,§ 5, eff. 6/4/2010.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 1 - GENERAL CONSIDERATION (§§ 10-1-620 — 10-1-628) › Section 10-1-628 - Attorney's fees in action to enforce article

Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees. Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 2 - MOTOR VEHICLE DEALER'S DAY IN COURT (§§ 10-1-630 — 10-1-632) › Section 10-1-630 - Short title

This part shall be known and may be cited as the "Georgia Motor Vehicle Dealer's Day in Court Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 2 - MOTOR VEHICLE DEALER'S DAY IN COURT (§§ 10-1-630 — 10-1-632) › Section 10-1-631 - Practices violative of existing law

(a)
It is declared to be violative of the existing law of the State of Georgia for any franchisor:
(1)
To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or
(2)
To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer.
(b)
Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of Part 1 of this article, the "Georgia Motor Vehicle Franchise Practices Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 3 - MOTOR VEHICLE WARRANTY PRACTICES (§§ 10-1-640 — 10-1-645) › Section 10-1-640 - Short title

This part shall be known and may be cited as the "Motor Vehicle Warranty Practices Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 3 - MOTOR VEHICLE WARRANTY PRACTICES (§§ 10-1-640 — 10-1-645) › Section 10-1-642 - Risk of loss for vehicle in transit

Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the franchisor until such time as the dealer or his designee accepts the vehicle from the carrier.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 3 - MOTOR VEHICLE WARRANTY PRACTICES (§§ 10-1-640 — 10-1-645) › Section 10-1-643 - Payment of dealer's attorney's fees by manufacturer, distributor, or warrantor

All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney's fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, design of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action. In addition, this Code section only applies to actions in which a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the manufacturer, distributor, or warrantor enters into an agreement which settles or makes final disposition of the action.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 3 - MOTOR VEHICLE WARRANTY PRACTICES (§§ 10-1-640 — 10-1-645) › Section 10-1-644 - Exemptions from part

This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which are contrary to matters contained in this part.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 4 - MOTOR VEHICLE FRANCHISE CONTINUATION AND SUCCESSION (§§ 10-1-650 — 10-1-654) › Section 10-1-650 - Short title

This part shall be known and may be cited as the "Motor Vehicle Franchise Continuation and Succession Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 4 - MOTOR VEHICLE FRANCHISE CONTINUATION AND SUCCESSION (§§ 10-1-650 — 10-1-654) › Section 10-1-653 - Sale of dealership franchise; notice to franchisor

If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale and may not disapprove or withhold approval of such change or sale unless the franchisor can prove that its decision is not arbitrary and that the new management, owner, or transferee is unfit or unqualified to be a dealer based on the franchisor's prior written, reasonable, objective, and uniformly applied, within reasonable classifications, standards or qualifications which directly relate to the prospective transferee's business experience, moral character, and financial qualifications. A franchisor may not disapprove or withhold approval of a change or sale if the new management, owner, or transferee is an owner of a dealership in the State of Georgia which sells the same line-make motor vehicle as the dealership being transferred unless such management, owner, or transferee is not in substantial compliance with its existing franchise agreement relating to performance in the areas of customer satisfaction or sales or unless such management, owner, or transferee does not meet the franchisor's prior written, reasonable, objective, and uniformly applied standards or qualifications relating to its financial qualifications or moral character. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 5 - MOTOR VEHICLE FAIR PRACTICES (§§ 10-1-660 — 10-1-664.1) › Section 10-1-660 - Short title

This part shall be known and may be cited as the "Motor Vehicle Fair Practices Act."
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 5 - MOTOR VEHICLE FAIR PRACTICES (§§ 10-1-660 — 10-1-664.1) › Section 10-1-663 - Advertising campaigns; change in capital structure or ownership; manner of distribution; increased prices; discrimination; unreasonable restrictions or changes

(a)
No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state:
(1)
To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or materials at the expense of the dealer; or
(2)
To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards determined by the franchisor in accordance with uniformly applied criteria and provided no change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the franchisor, which consent shall not unreasonably be withheld.
(b)
No franchisor shall:
(1)
Refuse to disclose to any dealer the manner and mode of distribution of the same line make as handled by the dealer within the dealer's market area;
(2)
Increase prices of new motor vehicles which the dealer had ordered for consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided the vehicle is in fact delivered to that customer. Price differences applicable to new models or series shall not be considered a price increase. Price changes caused by the addition to a motor vehicle of required or optional equipment, revaluation of the United States dollar in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by carriers shall not be subject to the provisions of this paragraph;
(3)
Discriminate unfairly among its dealers with respect to any aspect of operating a motor vehicle dealership;
(4)
Establish or create:
(A)
By agreement or otherwise, unreasonable restrictions relative to noncompetition covenants or site control, whether by sublease, collateral pledge of lease, agreement, or other means;
(B)
Reserved;
(C)
By agreement or otherwise, an option to purchase the dealership or its assets from the dealer; or
(D)
By agreement or otherwise, unreasonable requirements to comply with subjective standards or other matters incident to the operation of the dealership; or
(5)
Unreasonably change the market area of a dealer as set forth in the dealer's franchise 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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 6 - ENFORCEMENT OF ARTICLE BY STATE REVENUE COMMISSIONER (§§ 10-1-665 — 10-1-668) › Section 10-1-665 - Definitions

As used in this part, the term:
(1)
"Commissioner" means the state revenue commissioner.
(2)
"Department" means the Department of Revenue.
Amended by 2005 Ga. Laws 68,§ 4-4, eff. 7/1/2005.
Amended by 2003 Ga. Laws 189, § 2, eff. 7/1/2003.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 6 - ENFORCEMENT OF ARTICLE BY STATE REVENUE COMMISSIONER (§§ 10-1-665 — 10-1-668) › Section 10-1-666 - Enforcement of article by state revenue commissioner

As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.
Amended by 2005 Ga. Laws 68,§ 4-4, eff. 7/1/2005.
Amended by 2003 Ga. Laws 189, § 2, eff. 7/1/2003.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 6 - ENFORCEMENT OF ARTICLE BY STATE REVENUE COMMISSIONER (§§ 10-1-665 — 10-1-668) › Section 10-1-667 - Administrative review of alleged violation of this article by dealer, distributor, or manufacturer

Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state.
Amended by 2005 Ga. Laws 68,§ 4-4, eff. 7/1/2005.
Amended by 2003 Ga. Laws 189, § 2, eff. 7/1/2003.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 6 - ENFORCEMENT OF ARTICLE BY STATE REVENUE COMMISSIONER (§§ 10-1-665 — 10-1-668) › Section 10-1-668 - Annual dealer registration and appropriation to department fund

(a)
In addition to the licensing fee set forth in Code Section
40-2-38
, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe.
(b)
It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received.
Amended by 2003 Ga. Laws 189, § 2, eff. 7/1/2003.
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 22 - MOTOR VEHICLE FRANCHISE PRACTICES (§§ 10-1-620 — 10-1-670) › Part 7 - IMPAIRMENT OF OBLIGATIONS (§ 10-1-670) › Section 10-1-670 - Application to franchise agreements

Any provision of this article which would, in the absence of this Code section, impair an obligation of a franchise agreement or any other agreement between a manufacturer or franchisor and a franchisee shall only apply to any such agreement made, entered into, renewed, extended, modified, or continued after the effective date of such provision. Otherwise, each provision of this article shall apply to all franchise or other agreements.
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 22A - DISPOSITION OF MARINE DEALERS' INVENTORY AFTER TERMINATION OF FRANCHISE OR AGREEMENT (§§ 10-1-675 — 10-1-678) › Section 10-1-675 - Legislative findings

The General Assembly finds and declares that the distribution of marine vessels and products in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate marine manufacturers, distributors, and dealers and their representatives doing business in Georgia in order to prevent unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
Added by 2001 Ga. Laws 226, § 1, eff. 7/1/2001.