reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 2 - STATE AUTHORIZATION AND REGULATION (§§ 3-7-20 — 3-7-22) › Section 3-7-20 - Issuance of alcoholic beverage licenses to private clubs by commissioner generally; promulgation of rules and regulations generally; privileges conferred by licenses

The commissioner may issue alcoholic beverage licenses to bona fide private clubs in any county or municipality within the state and may promulgate such regulations as he deems necessary for the proper enforcement of this chapter after the approval of such authority by an election held pursuant to Code Section
3-7-41
or
3-7-42
. These licenses shall authorize the sale of distilled spirits by the drink for consumption only on the premises where sold.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 2 - STATE AUTHORIZATION AND REGULATION (§§ 3-7-20 — 3-7-22) › Section 3-7-21 - License fees; prelicense investigation fee

The license fees for a club shall be the same fees as provided in subsection (a) of Code Section
3-4-111.1
for the sale of distilled spirits in licensed public places of business; and, in addition, a prelicense investigation fee of $100.00 shall be required.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 2 - STATE AUTHORIZATION AND REGULATION (§§ 3-7-20 — 3-7-22) › Section 3-7-22 - Promulgation of rules and regulations as to sale, possession, and use of alcoholic beverages in private clubs

The commissioner may promulgate such reasonable regulations as are necessary and appropriate to regulate the sale, possession, and use of alcoholic beverages in private clubs.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 3 - LOCAL AUTHORIZATION AND REGULATION (§§ 3-7-40 — 3-7-43) › Section 3-7-40 - Authority of counties or municipalities to regulate and license private clubs generally

(a)
Nothing contained in this chapter shall be so construed as to limit the licensing and regulatory authority of any municipality or county in which the sale of alcoholic beverages is lawful.
(b)
Each municipality and county may license and regulate any bona fide private club located within the licensing and regulatory jurisdiction of the municipality or county.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 3 - LOCAL AUTHORIZATION AND REGULATION (§§ 3-7-40 — 3-7-43) › Section 3-7-41 - Calling of special elections upon direction of governing authorities; notice; rules and regulations; timing; ballots; frequency; approval of licenses

(a)
The governing authority of any county or municipality at its discretion may direct its election superintendent to issue the call for an election to determine if the sale of distilled spirits by private clubs, as provided in this chapter, shall be allowed. Upon such direction, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality, once a week for two weeks preceding the election.
(b)
(1)
A county election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21, and may be held at the time of holding any other primary or election in the county.
(2)
A municipal election held pursuant to this Code section shall be held according to the rules and regulations governing special elections contained in Chapter 2 of Title 21 and may be held at the time of holding any other primary or election in the municipality.
(c)
The returns of the election held pursuant to this Code section shall be made within three days after the election to the election superintendent who shall ascertain and declare the result after the receipt of the returns.
(d)
The ballot in the election shall have written or printed thereon:
"[ ] YES
Shall alcoholic beverages by the drink, for
[ ] NO
consumption on the premises only, be allowed in private clubs?''
Those desiring to vote in favor of the sales shall vote "Yes." Those desiring to vote against the sales shall vote "No." If at the election a majority of the votes cast are in favor of the sales in private clubs, the sales shall be permitted in accordance with this article. If at the election a majority of the votes cast are against the sales, they shall be prohibited in the political subdivision, except as otherwise provided in this article.
(e)
No election under this Code section shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
(f)
The local governing authority must approve any license within its jurisdiction before issuance of the license.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 3 - LOCAL AUTHORIZATION AND REGULATION (§§ 3-7-40 — 3-7-43) › Section 3-7-42 - Calling of special elections upon presentation of petitions by voters; rules and regulations; frequency; procedure for calling and conduct of elections for purpose of nullifying previous election results; approval of licenses

(a)
Upon the presentation of a petition to the election superintendent of a county or municipality, which petition must be signed by at least 25 percent of the registered voters of such county or municipality who were qualified to vote at the general election immediately preceding the presentation of the petition, the election superintendent shall call a special election at least 30 days prior to the date of the election and shall publish the notice of the call of the election in the official gazette of the county or, in the case of a municipal election, in a newspaper of general circulation in the municipality once a week for two weeks preceding the election. The purpose of the election provided for in this Code section shall be to determine if the sale of distilled spirits in private clubs, as provided by this chapter, shall be allowed.
(b)
Each election held pursuant to this Code section shall be held according to the same rules and regulations and subject to the same procedures provided for elections held pursuant to Code Section
3-7-41
.
(c)
No election under this Code section shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
(d)
In any county or municipality which has at any time held an election in accordance with this Code section resulting in approval of the sale of distilled spirits in private clubs, the election superintendent of the county or municipality, upon a petition signed by at least 25 percent of the registered, qualified voters of the political subdivision concerned, shall proceed to call another election in the same manner as provided in Code Section
3-7-41
for the purpose of nullifying the result of the previous election. No election under this subsection shall be held within two years after the date of the declaration of the result of a previous election held under this Code section.
(e)
The local governing authority must approve any license within its jurisdiction before issuance of the license.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 3 - LOCAL AUTHORIZATION AND REGULATION (§§ 3-7-40 — 3-7-43) › Section 3-7-43 - Issuance of alcoholic beverage licenses to private clubs by governing authorities of certain counties and municipalities; privileges conferred by licenses; rules and regulations; sale by wholesalers to licensees

(a)
As used in this Code section, the term "bona fide private club" shall be defined as provided in Code Section
3-7-1
.
(b)
The governing authority of each county having a population of not less than 36,800 nor more than 36,990 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs.
(c)
The licenses provided for in this Code section shall authorize the sale of alcoholic beverages by the drink for consumption only on the premises where sold.
(d)
Every such governing authority may adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of such licenses and may promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Code section, including, but not limited to, the regulation of the hours when alcoholic beverages may be served, the types of employees, and other matters which may fall within the police powers of such counties and municipalities.
(e)
Those persons who are duly licensed as wholesalers under this title shall be authorized to sell alcoholic beverages at wholesale prices to any person or persons licensed as provided in this Code section. Any person licensed under this Code section may purchase alcoholic beverages from a licensed wholesaler at wholesale prices.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 4 - LOCAL EXCISE TAXATION (§§ 3-7-60 — 3-7-61) › Section 3-7-60 - Levy and amount of tax on sale of distilled spirits; persons required to pay tax; collection of tax

(a)
When any license is issued by the commissioner as provided in this chapter for the sale of distilled spirits within the corporate limits of any municipality, the municipality shall impose an excise tax, in addition to the excise taxes levied by the state, in the sum of 22¢ per liter on distilled spirits.
(b)
In the event a license is issued as provided in this chapter for sales in the unincorporated areas of any county, the county shall impose an excise tax in the same amount as provided in subsection (a) of this Code section.
(c)
Local excise taxes provided for in this Code section shall be imposed upon and shall be paid by the licensed wholesale dealer in distilled spirits.
(d)
The taxes provided for in this Code section shall be imposed and collected monthly on distilled spirits sold or disposed of within the particular taxing jurisdiction.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 7 - SALE OF DISTILLED SPIRITS BY PRIVATE CLUBS (§§ 3-7-1 — 3-7-61) › Article 4 - LOCAL EXCISE TAXATION (§§ 3-7-60 — 3-7-61) › Section 3-7-61 - Imposition of tax on sale of mixed drinks

An excise tax of not more than 3 percent may be imposed by municipalities or counties on the sale of mixed drinks where the sales by a private club are lawful.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 8 - SALE OF ALCOHOLIC BEVERAGES AT PUBLICLY OWNED FACILITIES (§§ 3-8-1 — 3-8-6) › Section 3-8-2 - Sale of malt beverages, wine, and distilled spirits at public golf courses operated by counties or municipalities

The Department of Natural Resources or any county or municipality operating a public golf course and offering food or drink for retail sale as an incident to the operation of the golf course may sell at retail malt beverages, wine, and distilled spirits by the drink as an incident to the operation of the golf course upon obtaining a retail consumption license.
Amended by 2011 Ga. Laws 182,§ 0.5, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 8 - SALE OF ALCOHOLIC BEVERAGES AT PUBLICLY OWNED FACILITIES (§§ 3-8-1 — 3-8-6) › Section 3-8-3 - Sale of alcoholic beverages at coliseums

(a)
As used in this Code section, the term:
(1)
"Coliseum" means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of a coliseum authority, together with related buildings, facilities, and extensions of the project.
(2)
"Coliseum authority" means any public coliseum authority created by law in any county having a population of more than 140,000 according to the United States decennial census of 1990 or any future such census.
(b)
Any coliseum authority operating a coliseum may sell or authorize others to sell, upon obtaining a license from the department, alcoholic beverages for consumption on the premises only upon property owned or controlled by the authority, including but not limited to the coliseum. The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted.
(c)
For the purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a coliseum shall be considered to be within a municipality if the coliseum, or the greater part of the coliseum, is within the limits of the municipality. A coliseum shall be considered to be within an unincorporated area of a county if the coliseum, or the greater part of the coliseum, is located within an unincorporated area of the county.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 8 - SALE OF ALCOHOLIC BEVERAGES AT PUBLICLY OWNED FACILITIES (§§ 3-8-1 — 3-8-6) › Section 3-8-4 - Sale of alcohol by continuing education centers

(a)
As used in this Code section, the term "continuing education center" means any facility offering adult education which is operated by a unit of the University System of Georgia and which has housing facilities capable of accommodating 200 people and banquet facilities capable of serving 400 people.
(b)
Notwithstanding the provisions of subsection (a) of Code Section
3-3-21
, a continuing education center may sell alcoholic beverages as an incident to its operation. Such sales may be made during all hours during which sales are lawful in the state.
(c)
For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a continuing education center shall be considered to be within a municipality if the center, or a greater part of the center, is within the limits of the municipality. A continuing education center shall be considered to be within the unincorporated area of a county if the center, or a greater part of the center, is located within the unincorporated area of the county.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 8 - SALE OF ALCOHOLIC BEVERAGES AT PUBLICLY OWNED FACILITIES (§§ 3-8-1 — 3-8-6) › Section 3-8-6 - Technical institutes; service of alcoholic beverages; regulation and tax

(a)
As used in this Code section, the term "technical institute" means any facility which is operated by a unit of the Technical College System of Georgia and which has a business conference center capable of accommodating 200 people or more incident to its operation.
(b)
Notwithstanding the provisions of Code Sections
3-3-21
and
3-3-21.1
, a technical institute may serve alcoholic beverages incident to its operation of a business conference center.
(c)
For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a technical institute shall be considered to be within a municipality if the institute, or a greater part of the institute, is within the limits of the municipality. A technical institute shall be considered to be within the unincorporated area of a county if the institute, or a greater part of the institute, is located within the unincorporated area of the county.
Amended by 2008 Ga. Laws 472,§ 3, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-1 - Authorization of distribution or sale of distilled spirits by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports

(a)
Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, railway passenger carriers, and cruise ships.
(b)
These passenger carriers and cruise ships shall annually obtain, for a fee of $100.00, an authorization from the commissioner for the distribution or sale of such containers.
(c)
The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d)
The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-2 - Authorization of distribution or sale of wine and malt beverages by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports

(a)
Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, railway passenger carriers, and cruise ships.
(b)
The carriers and cruise ships shall annually obtain, for a fee of $50.00 for a wine license and $50.00 for a malt beverage license, an authorization from the commissioner for the distribution or sale of wine and malt beverages in variously sized containers.
(c)
The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d)
The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-3 - Issuance of permits for sale by nonprofit civic organizations of alcoholic beverages for consumption on the premises or wine at retail for off-premises consumption

(a)
Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a permit authorizing the organization to sell alcoholic beverages for consumption on the premises or to sell wine at retail for off-premises consumption, or both, for a period not to exceed three days, subject to any law regulating the time for selling such beverages.
(b)
No more than six permits may be issued to an organization in any one calendar year pursuant to this Code section.
(c)
Permits issued pursuant to this Code section shall be valid only for the place specified in the permit. No permit may be issued unless the sale of distilled spirits, wine, or malt beverages is lawful in the place for which the permit is issued.
Amended by 2008 Ga. Laws 388,§ 1, eff. 3/29/2008.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-4 - Issuance of special use temporary permits for wine auctions by nonprofit civic organizations

(a)
Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a special use temporary permit authorizing a bona fide nonprofit civic organization to auction wine in sealed containers only for a period not to exceed three days, subject to any law regulating the time for selling wine.
(b)
No more than six special use temporary permits may be issued to a bona fide nonprofit civic organization in any calendar year.
(c)
Special use temporary permits issued pursuant to this Code section shall be valid only for the location specified in the permit. No special use temporary permit may be issued unless local licensing authorities have issued to the bona fide nonprofit civic organization a permit or approval for the sale of wine at the location specified in the special use temporary permit. Prior to the commencement of the event described in the special use temporary permit, the bona fide nonprofit civic organization shall furnish to the commissioner a detailed inventory list of the wine to be auctioned including:
(1)
The name, address, telephone number, and taxpayer identification number of the person who furnishes the wine for the event; and
(2)
The type, brand, label, and quantity of each wine to be sold at auction.
(d)
Bona fide nonprofit civic organizations which hold a special use temporary permit issued pursuant to this Code section may auction for off-premises consumption wine in sealed containers, which has been donated to the bona fide nonprofit civic organization by a person who does not currently hold a license that has been issued by the department pursuant to this title, wine which has been donated by a Georgia licensed retailer, or wine which has been donated or purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic organization may ship or otherwise transport to the location specified in the special use temporary permit wine donated by a person who does not currently hold a license that has been issued by the department pursuant to this title or wine donated by a Georgia licensed retailer. Georgia excise tax shall be paid to the department on any donated wine. If the bona fide nonprofit civic organization cannot verify, within ten days of the conclusion of the permitted event, that Georgia excise tax for the wine was previously paid to the department, the bona fide nonprofit civic organization shall pay to the department the appropriate excise tax as required by law.
Amended by 2008 Ga. Laws 552,§ 1, eff. 7/1/2008.
Added by 2008 Ga. Laws 388,§ 2, eff. 3/29/2008.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-5 - Meaning of the term "bona fide nonprofit civic organization"

As used in this article, the term "bona fide nonprofit civic organization" means an entity which is exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of
26 U.S.C. Section 501
.
Amended by 2009 Ga. Laws 8,§ 3, eff. 4/14/2009.
Added by 2008 Ga. Laws 388,§ 2, eff. 3/29/2008.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 1 - PUBLIC CARRIERS; NONPROFIT ORGANIZATIONS (§§ 3-9-1 — 3-9-7) › Section 3-9-6 - Limousine carrier furnishing alcoholic beverages

(a)
Notwithstanding any provision contained in this title or any other law, the commissioner may issue an annual permit authorizing a limousine carrier to sell alcoholic beverages for consumption only in the vehicle supplied by the limousine carrier upon the filing of an application and payment of a fee of $50.00 by such limousine carrier that holds a certificate issued in accordance with Article 3 of Chapter 7 of Title 46. In addition to the permit fee, the limousine carrier shall pay an annual fee of $15.00 for each vehicle to be authorized for the sale of alcoholic beverages. The commissioner shall issue a sticker for each vehicle so authorized.
(b)
A permit issued in accordance with this Code section shall not authorize the wholesale purchase of alcoholic beverages by a limousine carrier and only authorizes purchase from a retail dealer. A permit issued in accordance with this Code section shall be subject to any law regulating the time for selling such beverages.
(c)
A permit issued in accordance with this Code section shall not authorize a limousine carrier to purchase or sell an alcoholic beverage in a location where the sale of such alcoholic beverage is unlawful.
(d)
Limousine carriers holding permits issued in accordance with this Code section shall comply with the provisions of paragraph (1) of subsection (a) of Code Section
3-3-23
.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 2 - HOTELS AND MOTELS (§§ 3-9-10 — 3-9-13) › Section 3-9-10 - Definitions

As used in this article, the term:
(1)
"Hotel" means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire.
(2)
"In-room service" means:
(A)
The delivery of alcoholic beverages by an employee of the hotel to a registered guest's room or to a registered guest at any other location in the same building as the hotel when such alcoholic beverages have been ordered by the guest and when the guest shall be billed for the cost of such alcoholic beverages at the time of delivery and when the sale of such alcoholic beverages is completed at the time of delivery; and
(B)
The provision of a cabinet or other facility located in a hotel's guest room which contains alcoholic beverages and which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the alcoholic beverages contained therein is deemed to be final at the time requested except for a credit which may be given to the guest for any unused portion.
(3)
"Registered guest" means the lessor or tenant of one or more hotel rooms; the lessor, tenant, or owner of a condominium unit located in the same building as one or more hotel rooms; or the lessor, owner, or tenant of a commercial space located in the same building as one or more hotel rooms, provided that the name of such lessor, owner, or tenant appears on a guest registry maintained by the hotel.
Amended by 2021 Ga. Laws 192,§ 2, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 2 - HOTELS AND MOTELS (§§ 3-9-10 — 3-9-13) › Section 3-9-11 - Licenses for in-room service

(a)
Notwithstanding anything contained in this title or any other law, in any county or municipality in which the sale of alcoholic beverages either by the package or by the drink is authorized, the commissioner may authorize any hotel which is licensed to sell alcoholic beverages either by the package or by the drink or any hotel which is licensed to sell alcoholic beverages both by the package and by the drink to provide in-room service.
(b)
No hotel shall be authorized to provide in-room service until it has been issued a license to do so by the commissioner. A license fee of $100.00 shall be imposed to provide alcoholic beverages by in-room service, except that a license fee of $50.00 shall be imposed to provide only beer or wine by in-room service.
(c)
The sale of alcoholic beverages by in-room service shall be subject to all restrictions and limitations in this title relative to the sale of alcoholic beverages, except as provided otherwise in this article, and shall be authorized only on such days and only during such hours as the sale of alcoholic beverages is otherwise authorized in the county or municipality.
(d)
Distilled spirits sold by the package pursuant to this article shall not be sold in packages containing less than 50 milliliters each.
Amended by 2021 Ga. Laws 192,§ 3, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 2 - HOTELS AND MOTELS (§§ 3-9-10 — 3-9-13) › Section 3-9-12 - Source of beverages sold; taxes

All alcoholic beverages sold pursuant to this article shall be subject to all state and local taxes imposed on alcoholic beverages and shall be purchased from a licensed wholesaler.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 9 - SALE OF ALCOHOLIC BEVERAGES BY PASSENGER CARRIERS, NONPROFIT ORGANIZATIONS, AND HOTELS AND MOTELS (§§ 3-9-1 — 3-9-13) › Article 2 - HOTELS AND MOTELS (§§ 3-9-10 — 3-9-13) › Section 3-9-13 - In-room service sales in dry areas prohibited

Nothing in this article shall be construed to authorize the sale of alcoholic beverages through in-room service in any county or municipality in which the sale of alcoholic beverages both by the package and by the drink is prohibited.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-1 - Scope of chapter

Except as otherwise provided in Code Section
3-10-11
, this chapter shall only be applicable within counties or municipalities in which the sale of distilled spirits is not lawful.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-2 - Sale, exchange, or other possession of distilled spirits

It is unlawful for any person knowingly and intentionally to sell, offer for sale, keep for sale, barter, exchange, furnish at public places, keep on hand at a place of business, or otherwise possess distilled spirits in any quantity, except as provided in this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-3 - Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution

The keeping of distilled spirits in any building not exclusively used for a dwelling shall be prima-facie evidence that they are kept for sale or with intent to dispose of same contrary to this chapter.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-4 - Quantities of distilled spirits which may be lawfully possessed

It is not unlawful for any person to have and possess, for use and not for sale, in any county or municipality within the state, one standard case of 1.75 liter, liter, or 750 milliliter size containers of distilled spirits, but not more than eight individual containers of distilled spirits of a size of 200 milliliters or four individual containers of distilled spirits of a size of 500 milliliters, which may have been purchased by the person for use and consumption from a lawful and authorized retailer and properly stamped.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-5 - Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits

It is unlawful for any person to permit the use of any premises which he owns or controls for the unlawful sale, manufacture, or other unlawful disposition of distilled spirits.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-6 - Forfeiture of rights of lessee or tenant where unlawful act performed upon premises with lessee's or tenant's knowledge or permission

The unlawful manufacture, sale, or keeping for sale or disposition of any distilled spirits shall work, at the option of the landlord, a forfeiture of the rights of any lessee or tenant under any lease or contract for rent of the premises where the unlawful act is performed by the lessee or tenant or by any agent, servant, clerk, or employee of the lessee or tenant with the latter's knowledge or permission.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-7 - Transportation or shipment of distilled spirits for sale or use in violation of title; exceptions for possession for personal use and transportation through counties or municipalities

(a)
It is unlawful for any person knowingly and intentionally to transport, ship, or carry from any point outside this state to any point within this state or from place to place within this state any distilled spirits intended by any person interested in such beverages to be received, possessed, sold, or in any manner used in violation of this title.
(b)
It is not unlawful for any person to transport, ship, carry, or possess distilled spirits in any county or municipality when the beverages are in the amounts specified by Code Section
3-10-4
and are intended for personal use and not for sale.
(c)
It is not unlawful for any licensed wholesaler, importer, or common carrier to transport, ship, or carry any distilled spirits through any county or municipality where the destination of the beverages is beyond the respective jurisdictional boundaries of the county or municipality and such destination is within a county or municipality in which the sale of distilled spirits has been authorized. The commissioner may issue a permit to any person to transport, ship, or carry distilled spirits pursuant to this chapter.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-8 - Common nuisances - Defined; institution of quo warranto proceedings against clubs or associations maintaining nuisances

(a)
The following are declared to be common nuisances and may be abated or enjoined as such upon complaint of the Attorney General, or the district attorney of the superior court, or any citizen of the county where the common nuisance is located:
(1)
Any place used for the unlawful manufacture, sale, barter, keeping for sale, or other unlawful disposition of distilled spirits;
(2)
Any place where distilled spirits are sold, bartered, kept for sale, or otherwise disposed of, for consumption on or near the premises;
(3)
Any resort or public eating place where distilled spirits are sold, served, or consumed; and
(4)
Any club or other place in which distilled spirits are received or kept for the purpose of sale, barter, use, storage, gift, consumption, or for distribution or division among, or to be furnished to, the membership of any club or association of persons.
(b)
Any club or association of persons chartered or incorporated under the laws of this state, which club or association violates any provision of this Code section or maintains or keeps any place as described in this Code section shall forfeit its charter. The forfeiture may be declared by proceedings in quo warranto against the club or incorporated association in a court of competent jurisdiction in the county where the unlawful act is committed.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-9 - Common nuisances - Proceedings for abatement of nuisances

Any common nuisance as defined in Code Section
3-10-8
shall be an unlawful place, and the act of keeping and maintaining any such place shall be deemed a separate offense for each day that it continues. Common nuisances may be abated by writ of injunction issued out of the superior court upon a complaint filed by the Attorney General, or the district attorney of the superior court, or any citizen of the county in which the nuisance exists. The complaint shall be filed in the county in which the nuisance exists.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-10 - Existence of property rights in distilled spirits or vessels kept or used in violation of chapter; contraband

No property rights of any kind shall exist in distilled spirits or in the vessels kept or used for the purpose of violating this chapter, or in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law or when kept, stored, or deposited for the purpose of sale or unlawful disposition, furnishing, or distribution. In all such cases the distilled spirits, the vessels and receptacles in which the distilled spirits are contained, and any property kept or used for the purpose of violating this chapter are declared to be contraband and are to be forfeited to the state when seized in accordance with the procedures set forth in Chapter 16 of Title 9.
Amended by 2015 Ga. Laws 98,§ 3-1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-11 - Contraband apparatus and appliances; existence of property rights therein; summary destruction of contraband; governing procedure for forfeiture of vehicles, boats, and vessels

(a)
(1)
All apparatus or appliances which are used for the unlawful purpose of distilling or manufacturing any distilled spirits are declared to be contraband.
(2)
No person shall have any property right in or to the contraband specified in this subsection.
(3)
Whenever apparatus or appliances used or about to be used for the unlawful purpose of manufacturing, using, holding, or containing any distilled spirits are found or discovered by any sheriff, deputy sheriff, or other law enforcement officer of this state, the same shall be summarily destroyed and rendered useless by him or her without any formal order of the court.
(b)
All vehicles and conveyances of every kind and description in this state and all boats and vessels of every kind and description in any of the waters of this state used in conveying, removing, concealing, or storing any distilled spirits, the transportation, possession, or storing of which is in violation of law, are declared to be contraband and shall be seized by any law enforcement officer. Such contraband shall be subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9, including those counties and municipalities in which the sale of distilled spirits is lawful.
Amended by 2015 Ga. Laws 98,§ 3-2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-12 - Raw materials or substances, fixtures, implements, or apparatus used or intended for use in unlawful distillation or manufacture of distilled spirits declared contraband; property rights in contraband; governing procedures for seizure and forfeiture

(a)
Any raw materials or substances, including, but not limited to, sugar of any grade or type, and any fixture, implement, or apparatus used or intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband.
(b)
No person shall have any property right in or to any contraband specified in subsection (a) of this Code section.
(c)
Whenever any item used or about to be used as specified in subsection (a) of this Code section is found or discovered, whether in transit, in storage, or at a site of unlawful distillation or manufacture, by any law enforcement officer, it shall be subject to the following dispositions:
(1)
When found or discovered at a site of unlawful distillation or manufacture, it may be summarily destroyed and rendered useless by any law enforcement officer without any formal order of the court or, in the event any of the raw materials or substances are fit for human consumption or if any of the fixtures, implements, or apparatus are of any beneficial use to the educational authorities of the county for use in any of their educational programs, they may be delivered to the public schools of the county in which seized for use in the schools. When any of the foregoing items are delivered to a public school system, the officer delivering the items shall obtain from the appropriate school authorities an itemized receipt detailing all items delivered to the system and report such information as provided in subsection (g) of Code Section
9-16-19
. In the event any of the foregoing items are destroyed by a law enforcement officer, the officer shall execute an affidavit of such fact in which all items destroyed shall be listed. The receipts and affidavits shall be maintained by the officer and shall be open to inspection by the public upon request; or
(2)
When found or discovered in transit or in storage by any law enforcement officer, the items shall be seized by the officer and forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
Amended by 2015 Ga. Laws 98,§ 3-3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-13 - Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs

(a)
Any district attorney in a county may commence prosecution on his own affidavit against any party violating any provision of this chapter. The district attorney, upon receiving information giving him probable cause to believe that there has been a violation of this chapter, shall lay the matter before the grand jury or institute a criminal prosecution against the party by affidavit before a court or judge of competent jurisdiction, if the district attorney is willing and able to make the affidavit for the institution of a criminal prosecution. If he is not willing or able to make the affidavit and any citizen is willing to make an affidavit for the institution of a criminal prosecution against any party for the violation, the district attorney shall superintend the preparation of the papers and the institution of the prosecution, provided the district attorney is of the opinion upon the facts at hand that there is reasonable ground to believe that a conviction ought to be had.
(b)
Sheriffs are charged with the duty of enforcing this chapter and cooperating with the district attorneys.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-14 - Evidence as to color, odor, appearance, and taste of beverage manufactured, sold, or disposed of by defendant; burden of proof when defendant claims beverage not a distilled spirit

(a)
In all prosecutions against any persons for manufacturing, selling, offering for sale, keeping, or having or otherwise disposing of distilled spirits, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the defendant had manufactured, sold, bartered, exchanged, furnished, given away, or otherwise disposed of, possessed or possesses the same color, odor, and general appearance or the same taste, color, and general appearance of a distilled spirit.
(b)
The fact that a beverage in question is of the same color, odor, and general appearance or of the same taste, color, and general appearance as a distilled spirit shall constitute prima-facie evidence that the beverage is a distilled spirit.
(c)
If the defendant claims the beverage in question is not a distilled spirit even though it possesses the same color, odor, and general appearance or the same taste, color, and general appearance as a distilled spirit, the burden of proof shall be upon the defendant to establish to the reasonable satisfaction of the judge, court, or jury trying the case that the beverage in question is not a distilled spirit and that it is a beverage which is not prohibited by law to be manufactured, sold, offered for sale, or otherwise disposed of.
(d)
The rule of evidence provided in this Code section shall be applicable in all cases for the abatement of liquor nuisances and in all prosecutions for violations of this chapter when it becomes necessary to determine whether the beverage is a distilled spirit.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 10 - SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES (§§ 3-10-1 — 3-10-15) › Section 3-10-15 - Penalty for violations of provisions of chapter

(a)
It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter relating to provisions applicable only in dry political subdivisions.
(b)
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 11 - SALES OFF PREMISES FOR CATERED FUNCTIONS (§§ 3-11-1 — 3-11-5) › Section 3-11-1 - Definitions

As used in this chapter, the term:
(1)
"Food caterer" means any person who prepares food for consumption off the premises.
(2)
"Licensed alcoholic beverage caterer" means any retail dealer who has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Article 2 of Chapter 6 of this title.
(3)
"Person" means any individual, company, corporation, association, partnership, or other legal entity.