reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-24 - Issuance to fruit growers of license to manufacture distilled spirits; storage and disposition; limitations upon manufacture and sale; issuance of manufacturer's or distiller's license in certain counties or municipalities; tasting room limitations for certain licensees

(a)
The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state.
(b)
If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
(c)
It shall be unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1)
In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
(2)
To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
(d)
A manufacturer's or distiller's license may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.
(e)
The commissioner may issue a license pursuant to this Code section to a fruit grower licensed as a farm winery authorizing such fruit grower to manufacture distilled spirits and fortified wines for sale exclusively through a licensed and designated wholesaler; provided, however, that the farm winery has no more than one tasting room located on its licensed premises. For purposes of this subsection, the term "licensed premises" shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the winery.
Amended by 2017 Ga. Laws 178,§ 2, eff. 9/1/2017.
Amended by 2015 Ga. Laws 57,§ 4, eff. 7/1/2015.
Amended by 2014 Ga. Laws 516,§ 1, eff. 4/15/2014.
Amended by 2012 Ga. Laws 721,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-24.1 - Distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits; storage

(a)
The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state.
(b)
If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
(c)
It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1)
In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
(2)
To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
(d)
A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.
Amended by 2017 Ga. Laws 178,§ 3, eff. 9/1/2017.
Amended by 2015 Ga. Laws 57,§ 5, eff. 7/1/2015.
Added by 2012 Ga. Laws 721,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-24.3 - Licensing for the manufacture or distribution of distilled spirits on local level

The commissioner may issue licenses for the manufacture or distribution of distilled spirits in any county or municipality of this state in which licenses for such activity have been authorized and issued in accordance with the adoption of a resolution or ordinance by the local governing authority of such county or municipality. The local governing authority of a county or municipality issuing licenses pursuant to this Code section shall within its jurisdiction have the authority to determine the location of any licensed businesses, not inconsistent with this title.
Added by 2017 Ga. Laws 277,§ 1, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-25 - Holder of retail dealer's license authorized to sell only unbroken packages; breaking of package or packages or drinking of contents thereof on premises prohibited

(a)
Except as provided in Code Section
3-3-26
or Chapter 15 of this title, a retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which shall contain not less than 50 milliliters each.
(b)
Except as provided in Code Section
3-3-26
or Chapter 15 of this title, a retail dealer's license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold.
Amended by 2020 Ga. Laws 558,§ 6, eff. 8/3/2020.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-26 - Display of advertisement or information regarding prices of distilled spirits in visible places; sales below cost prohibited; exceptions authorized

(a)
No person holding a retail dealer's license to deal in distilled spirits by the package shall display any advertisement of or information regarding the price or prices of any distilled spirits in any show window or other place visible from outside the licensee's place of business.
(b)
No person licensed to sell distilled spirits by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business.
(c)
The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES (§§ 3-4-20 — 3-4-27) › Section 3-4-27 - Notice of intention to secure retail dealer license for sale of distilled spirits

(a)
No application for a retail dealer license for the sale of distilled spirits shall be acted upon until after the applicant has published in the newspaper which publishes the legal advertisements of the county wherein such person proposes to engage in business a notice of his intention to secure a retail dealer license. Such notice shall be published at least once during the 30 days immediately preceding the filing of the application for a license. Such notice shall be in large boldface type and shall state:
(1)
The type of license for which application has been filed;
(2)
The exact location of the place of business for which a license is sought;
(3)
The names and addresses of each owner of the business; and
(4)
If the applicant is a corporation, the names and titles of all corporate officers.
(b)
Proof of publication of the notice required by this Code section shall be attached to an application for a retail dealer license.
(c)
An applicant for a renewal license shall not be subject to the notice requirements of this Code section.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-40 - Requirement as to approval by referendum elections of issuance of licenses generally

Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-42 - Form of ballots for referendum election

(a)
The ballot used in any referendum election held pursuant to Code Section
3-4-41
shall have written or printed thereon:
"( ) YES Shall the issuance of licenses for the package sale
( ) NO of distilled spirits be approved?"
(b)
Those desiring to vote in favor of the issuance of the licenses shall vote "Yes." Those desiring to vote against the issuance of the licenses shall vote "No."
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-43 - Applicability of general election laws

County elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the county. Municipal elections shall be held according to Chapter 2 of Title 21, the "Georgia Election Code," and may be held as a special election or at the time of holding any other special or general primary or special or general election in the municipality.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-44 - Certification of results; payment of expenses

It shall be the duty of the election superintendent of the county or the municipality, as the case may be, to canvass the returns and declare and certify the results of the election to the Secretary of State. The expense for the election shall be borne by the county or the municipality conducting the election.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-45 - Effect of majority vote in favor of package sales

If a majority of the votes cast in a referendum election held pursuant to Code Section
3-4-41
are in favor of the issuance of licenses for the package sale of distilled spirits, then the package sale of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the date of the certification of the results by the election superintendent; otherwise, the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be prohibited.
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-46 - Procedure for conduct of election for purpose of nullifying previous election result

(a)
In any county or municipality which has at any time held a referendum election in accordance with this article, resulting in the approval of the issuance of licenses for the package sale of distilled spirits, the election superintendent of the county or municipality shall, upon the filing of an ordinance, resolution, or petition as provided in subsection (a) of Code Section
3-4-41
, proceed to call another referendum election in the same manner as provided in this article for the purpose of nullifying the previous referendum election result.
(b)
In the event an election referendum is held pursuant to subsection (a) of this Code section and a majority of the votes cast are against the issuance of licenses for the package sale of distilled spirits, then no new licenses for the package sale of distilled spirits within the political subdivision conducting the referendum shall be issued and any existing licensee issued a license for the package sale of distilled spirits shall be prohibited, effective upon the expiration of such license, from engaging in any package sales of distilled spirits within the political subdivision.
(c)
No election held pursuant to this Code section shall be called or held within two years after the date of the declaration by the election superintendent of the results of the previous election held for such purpose under this article.
Amended by 2021 Ga. Laws 212,§ 2, eff. 5/4/2021.
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-47 - Adoption of resolutions and ordinances; determination of location of retail or businesses licensed by local governing authorities

(a)
A municipality or county may adopt resolutions and ordinances, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application.
(b)
The local governing authority of a municipality or county issuing licenses pursuant to this article shall within its jurisdiction have the authority to determine the location of any retail business it licenses, not inconsistent with this title.
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-48 - Maximum annual license fees for municipal or county licenses

The annual license fee to be charged by a municipality or county pursuant to this article shall not be more than $5,000.00 for each license.
Amended by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-49 - Municipalities in wet counties

Any municipality which lies wholly or partially within a county which has approved the manufacture, distribution, or package sale of distilled spirits in a county-wide referendum election as provided in this article and which, on January 1, 1985, was issuing licenses permitting the manufacture, distribution, or package sale of distilled spirits shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the manufacture, distribution, or package sale of distilled spirits.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-50 - [Renumbered as 3-4-48] Redesignated

Renumbered as §
3-4-48
by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 3 - LOCAL AUTHORIZATION AND REGULATIONS FOR PACKAGE SALES OF DISTILLED SPIRITS (§§ 3-4-40 — 3-4-51) › Section 3-4-51 - [Renumbered as 3-4-49] Redesignated

Renumbered as §
3-4-49
by 2017 Ga. Laws 277,§ 2, eff. 5/9/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 4 - EXCISE TAXATION (§§ 3-4-60 — 3-4-80) › Part 1 - STATE (§§ 3-4-60 — 3-4-61) › Section 3-4-60 - Levy and amount of tax

The following state taxes are levied and imposed:
(1)
There shall be imposed upon the first sale, use, or final delivery within this state of all distilled spirits an excise tax in the amount of 50¢ per liter and, upon the first sale, use, or final delivery within this state of all alcohol, an excise tax in the amount of 70¢ per liter, and a proportionate tax at the same rate on all fractional parts of a liter;
(2)
There shall be imposed upon the importation for use, consumption, or final delivery into this state of all distilled spirits an import tax in the amount of 50¢ per liter and, upon the importation for use, consumption, or final delivery into this state of all alcohol, an import tax in the amount of 70¢ per liter, and a proportionate tax at the same rate on all fractional parts of a liter; and
(3)
All alcohol spirits manufactured within this state for sale within this state shall be made from Georgia grown products.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 4 - EXCISE TAXATION (§§ 3-4-60 — 3-4-80) › Part 2 - LOCAL (§ 3-4-80) › Section 3-4-80 - Levy of tax on sale of distilled spirits by the package authorized; rate of tax; manner of imposition; imposition of tax by both county and municipality located within county

(a)
The governing authority of each municipality or county where the sale of distilled spirits by the package is permitted by Article 3 of this chapter may at its discretion levy an excise tax on the sale of distilled spirits by the package at either the wholesale or retail level, which tax shall not exceed 22¢ per liter of distilled spirits, excluding fortified wine, and a proportionate tax at the same rate on all fractional parts of a liter.
(b)
The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by subsection (a) of this Code section shall be as provided for by each county or municipality electing to exercise the power conferred by subsection (a) of this Code section.
(c)
No county excise tax shall be imposed, levied, or collected in any portion of a county in which a municipality within the county is imposing the same tax on distilled spirits sold by the package.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 1 - AUTHORIZATION (§§ 3-4-90 — 3-4-93) › Section 3-4-90 - Authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally; procedure

(a)
Each county or municipality may authorize, through proper resolution or ordinance, the issuance of licenses to sell distilled spirits by the drink for consumption only on the premises where sold; except as provided in Code Section
3-9-11
for in-room service by hotels, retail consumption dealers shall not buy or sell in packages of 50 milliliters.
(b)
(1)
Except as otherwise provided in this subsection, a county or municipality shall adopt such resolutions or ordinances only after the authority to do so has been authorized as provided in either Code Section
3-4-91
or
3-4-92
.
(2)
(A)
The governing authority of every county having a population of not less than 50,000 nor more than 53,000 according to the United States decennial census of 1990 or any future such census and the governing authority of every municipality within every such county, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption only on the premises where sold. Every such governing authority shall have full power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any such licenses and shall further have the power and authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subparagraph, including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such counties and municipalities. Those persons who are duly licensed as wholesalers under this title shall be authorized to sell distilled spirits at wholesale prices to any person or persons licensed as provided in this subparagraph; and the person or persons licensed under this subparagraph shall be authorized to purchase distilled spirits from a licensed wholesaler at wholesale prices.
(B)
No resolution or ordinance adopted pursuant to subparagraph (A) of this paragraph shall become effective until the governing authority of the county or municipality submits to the qualified electors of the county or municipality the question of whether the ordinance or resolution shall be approved or rejected. If in the election a majority of the electors voting on the question vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 1 - AUTHORIZATION (§§ 3-4-90 — 3-4-93) › Section 3-4-93 - Municipalities in wet counties

Any municipality which lies wholly or partially within a county which has approved the sale of distilled spirits by the drink for consumption only on the premises in a county-wide referendum as provided in this article and which, on January 1, 1985, was issuing licenses permitting the sale of distilled spirits by the drink for consumption only on the premises shall be authorized to exercise the powers and shall be subject to the provisions contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 2 - LICENSES (§§ 3-4-110 — 3-4-111.1) › Section 3-4-110 - Adoption of local rules and regulations governing issuance of licenses and conduct of licensees

The governing authority of every county and municipality authorized to issue licenses as provided in this article shall have the power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any licenses for the sale of distilled spirits by the drink and shall further have the power to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this article, including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. These powers shall be exercised only after the authority to do so has been granted pursuant to the procedures prescribed in Code Section
3-4-91
or
3-4-92
.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 2 - LICENSES (§§ 3-4-110 — 3-4-111.1) › Section 3-4-111 - Sale by wholesalers to licensees; purchase by licensees from wholesalers; declaration of contraband

(a)
Those persons who are duly licensed as wholesalers of distilled spirits under this title may sell distilled spirits at wholesale prices to any person or persons licensed as provided in this article. Persons licensed under this article may purchase distilled spirits from a licensed wholesaler at wholesale prices.
(b)
Any distilled spirits possessed, sold, or offered for sale by a retail dealer or retail consumption dealer which are purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter are declared to be contraband and shall be seized and disposed of by the commissioner in the manner provided in this title.
Amended by 2012 Ga. Laws 697,§ 3, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 2 - LICENSES (§§ 3-4-110 — 3-4-111.1) › Section 3-4-111.1 - Occupational license tax upon retail consumption dealers; annual payment; application

(a)
An annual occupational license tax in the amount of $100.00 is imposed upon each retail consumption dealer in this state.
(b)
The annual occupational license tax shall be paid for each place of business operated. An application for a retail consumption dealer's license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.
Amended by 2012 Ga. Laws 697,§ 4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 3 - EXCISE TAXATION (§§ 3-4-130 — 3-4-133) › Section 3-4-130 - Imposition of tax by municipalities authorized; rate of tax

(a)
The governing authority of each municipality in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, which tax shall not exceed 3 percent of the charge to the public for the beverages.
(b)
This Code section shall not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverage.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 3 - EXCISE TAXATION (§§ 3-4-130 — 3-4-133) › Section 3-4-131 - Imposition of tax by counties authorized; rate of tax; taxation by both county and municipality located within county

(a)
The governing authority of each county in which the sale of distilled spirits by the drink is permitted may impose, levy, and collect an excise tax upon the sale of the beverages, which tax shall not exceed 3 percent of the charge to the public for the beverages.
(b)
No tax authorized by subsection (a) of the Code section may be imposed, levied, and collected in any portion of a county in which the tax provided for in Code Section
3-4-130
is being imposed, levied, and collected.
(c)
The tax authorized by this Code section shall not apply to the sale of fermented beverages made in whole or in part from malt or any similar fermented beverage.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 3 - EXCISE TAXATION (§§ 3-4-130 — 3-4-133) › Section 3-4-132 - Manner of imposition, payment, and collection of tax

The rate of taxation, the manner of its imposition, payment, and collection, and all other procedures related to the tax authorized by Code Sections
3-4-130
and
3-4-131
shall be as provided for by each county or municipality electing to exercise powers conferred by Code Sections
3-4-130
and
3-4-131
.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 5 - SALES BY THE DRINK (§§ 3-4-90 — 3-4-133) › Part 3 - EXCISE TAXATION (§§ 3-4-130 — 3-4-133) › Section 3-4-133 - Allowance and reimbursement to dealers collecting tax of percentage of tax due

Dealers collecting the tax authorized by Code Sections
3-4-130
and
3-4-131
shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due, if the amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state tax under Chapter 8 of Title 48.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 6 - DESIGNATION OF SALES TERRITORIES AND WHOLESALERS FOR OUT-OF-STATE BRANDS (§§ 3-4-150 — 3-4-153) › Section 3-4-150 - Short title

This article shall be known and may be cited as the "Georgia Distilled Spirits Distribution Act."
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 6 - DESIGNATION OF SALES TERRITORIES AND WHOLESALERS FOR OUT-OF-STATE BRANDS (§§ 3-4-150 — 3-4-153) › Section 3-4-151 - Purposes and policies

This article is promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution specifically for the following purposes and policies:
(1)
To prevent unfair business practices, discrimination, and undue control of one segment of the distilled spirits industry by any other segment;
(2)
To foster vigorous and healthy competition in the distilled spirits industry;
(3)
To promote and keep alive a sound and stable system of distribution of distilled spirits to the public;
(4)
To protect public revenues by facilitating the collection and accountability of state and local excise taxes; and
(5)
To promote the public health, safety, and welfare of the people of the State of Georgia.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 6 - DESIGNATION OF SALES TERRITORIES AND WHOLESALERS FOR OUT-OF-STATE BRANDS (§§ 3-4-150 — 3-4-153) › Section 3-4-152 - Submission of labels; designation of sales territories and exclusive wholesale distributors; approval by commissioner

(a)
Every manufacturer or shipper shipping distilled spirits for the first time into the state shall:
(1)
Submit to the commissioner one label for each brand of distilled spirits to be shipped for the first time by the manufacturer or shipper into this state;
(2)
Designate in the application for registration the sales territories for each of its brands sold in this state; and
(3)
Name one licensed wholesaler in each territory who shall be the exclusive distributor of the brand within the territory.
(b)
Designations of wholesalers and wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed or initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 6 - DESIGNATION OF SALES TERRITORIES AND WHOLESALERS FOR OUT-OF-STATE BRANDS (§§ 3-4-150 — 3-4-153) › Section 3-4-153 - Regulations

The commissioner shall have the authority to adopt such regulations as are consistent with this article.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 7 - SALES BY THE DRINK IN CERTAIN MUNICIPALITIES; WITHDRAWAL (§ 3-4-160) › Section 3-4-160 - Municipalities in wet counties

(a)
(1)
Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the manufacture, sale, or distribution of distilled spirits as provided in Article 3 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the manufacture, sale, or distribution of distilled spirits and may exercise the powers contained in this title relating to the manufacture, sale, or distribution of distilled spirits.
(2)
In any municipality in which the manufacture, sale, or distribution of distilled spirits is authorized as provided in this Code section, such manufacture, sale, or distribution may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
(b)
(1)
Except as provided in subsection (c) of this Code section, any municipality which lies wholly or partially within a county which has approved in a county-wide referendum the sale of distilled spirits by the drink for consumption only on the premises as provided in Part 1 of Article 5 of this chapter may, by ordinance or resolution and without the necessity of conducting a separate referendum, authorize the sale of distilled spirits by the drink for consumption only on the premises and may exercise the powers contained in this title relating to the sale of distilled spirits by the drink for consumption only on the premises.
(2)
In any municipality in which the sale of distilled spirits by the drink for consumption only on the premises is authorized as provided in this Code section, such sales may, by ordinance or resolution adopted by the governing authority of the municipality, be prohibited.
(c)
A municipality shall not be authorized to approve the manufacture, sale, or distribution of distilled spirits as provided in subsection (a) of this Code section or the sale of distilled spirits by the drink for consumption only on the premises as provided in subsection (b) of this Code section unless a majority of the electors voting in the county-wide referendum election who reside in the municipality voted in favor of approving the manufacture, sale, or distribution of distilled spirits or in favor of approving the sale of distilled spirits by the drink for consumption only on the premises.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 4 - DISTILLED SPIRITS (§§ 3-4-1 — 3-4-180) › Article 8 - [REPEALED] (§ 3-4-180) › Section 3-4-180 - [Repealed] Tastings of distilled spirits; definitions; general provisions; prohibited sales; administration

Amended by 2018 Ga. Laws 562,§ 3, eff. 5/8/2018.
Repealed by 2017 Ga. Laws 178,§ 5, eff. 9/1/2017.
Amended by 2015 Ga. Laws 57,§ 6, eff. 7/1/2015.
Added by 2012 Ga. Laws 656,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 1 - GENERAL PROVISIONS (§§ 3-5-1 — 3-5-5) › Section 3-5-1 - Definitions

As used in this chapter, the term:
(1)
"Barrel" means 31 gallons.
(2)
"Brewer" means a manufacturer of malt beverages.
(3)
"Case" means a box or receptacle containing not more than 288 ounces of malt beverages on the average.
Amended by 2017 Ga. Laws 178,§ 7, eff. 9/1/2017.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 1 - GENERAL PROVISIONS (§§ 3-5-1 — 3-5-5) › Section 3-5-2 - Determination as to when possession occurs

For purposes of this chapter, with respect to malt beverages manufactured within this state, possession occurs when the product is first identifiable as a malt beverage, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to malt beverages shipped from outside this state to a destination within this state, possession in the consignee occurs when the malt beverage first physically enters the state or when the risk of loss from destruction or casualty to the malt beverage is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial laws of this state, whichever event occurs first.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 1 - GENERAL PROVISIONS (§§ 3-5-1 — 3-5-5) › Section 3-5-3 - Malt beverages upon which taxes not paid and motor vehicles, watercraft, or aircraft used in transporting same declared contraband

Malt beverages in quantities exceeding the amount specified in Code Section
3-3-8
, upon which the taxes imposed by or authorized pursuant to this chapter have not been paid in this state, are declared to be contraband; and any motor vehicle, watercraft, or aircraft used in transporting such beverages in excess of the amount specified in Code Section
3-3-8
are also declared to be contraband and subject to seizure and disposition as provided by this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-20 - Levy and amount of state occupational license tax; application for license

(a)
An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:
(1)
Upon each brewer.............................................
$ 1,000.00
(2)
Upon each wholesale dealer............................
500.00
(3)
Upon each importer.............................................
500.00
(4)
Upon each broker....................................................
50.00
(5)
Upon each retail dealer.........................................
50.00
(6)
Upon each brewpub operator...............................
1,000.00
(7)
Upon each special event use permit applicant.....................
50.00
(b)
An annual occupational license tax shall be paid for each place of business operated. An application for the applicable license required pursuant to this title along with the payment of the tax required by subsection (a) of this Code section shall be submitted to the department immediately upon assuming control of the place of business and annually thereafter for so long as the business is operated.
Amended by 2012 Ga. Laws 697,§ 5, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-21 - Sale, offer for sale, or possession of bottles or cans not having prescribed identification on crowns or lids; alternate identification for use on certain imported bottles or containers

(a)
The commissioner may prescribe by regulation that no person engaged in the business of selling, manufacturing, or distributing malt beverages specified in this chapter in bottles or cans may sell, offer for sale, or possess for the purpose of sale any bottles or cans containing such malt beverages unless the crowns or lids contain the word "Georgia" or its abbreviation, such as "GA."
(b)
The commissioner may prescribe an alternate identification for certain bottles or containers of malt beverages manufactured in a foreign country and which have been imported into this state by a licensed importer, manufacturer, or wholesaler for resale.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-23 - License for manufacture of malt beverages - Grounds and procedure for revocation generally

(a)
No license issued by the state or by any other duly authorized licensing authority to any person for the manufacture of malt beverages shall be revoked except for due cause.
(b)
Due cause for the revocation of a brewer's license shall consist only of violation of the laws regulating the manufacture of malt beverages and of regulations made pursuant to authority lawfully granted for the purpose of regulating the manufacture of malt beverages.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-24 - License for manufacture of malt beverages - Rights conferred; separate revocation of licenses for sale of malt beverages for resale within and outside state authorized; effect of revocation on sale within state

(a)
A license to manufacture malt beverages shall include the right to sell the product of the brewer for resale within and outside the limits of this state.
(b)
The right to sell the manufactured product to duly licensed wholesalers for resale within this state may be revoked separately from the right to manufacture and sell the product of such manufacturer for resale outside of this state.
(c)
The revocation by the state or by any other duly authorized licensing authority of the license to sell for resale within this state shall not in any way interfere with or otherwise affect or impair the license to manufacture and sell the product of the manufacturer for resale beyond the limits of this state.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-25 - License for manufacture of malt beverages - Renewal

Every unrevoked license authorizing the manufacture of malt beverages, whether issued by the state or by any other duly authorized licensing authority, shall be renewable to the holder of the license as of right upon the payment of fees and taxes lawfully assessed and fixed for the issuance of licenses of that kind and character.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-25.1 - License for manufacture of malt beverages - Bond required on application for license or renewal

The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-26 - Persons to whom malt beverages may be sold by wholesale dealers

Licensed wholesale dealers may sell malt beverages only to other licensed wholesale dealers and to importers and retail dealers licensed in this state.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-27 - Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband

Any malt beverage possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-28 - Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers

All malt beverages sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of malt beverages sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.
2023 CODE OF GEORGIA › Title 3 - ALCOHOLIC BEVERAGES (§§ 3-1-1 — 3-15-4) › Chapter 5 - MALT BEVERAGES (§§ 3-5-1 — 3-5-90) › Article 2 - STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE (§§ 3-5-20 — 3-5-38) › Section 3-5-29 - Brewer-wholesaler relations - "Agreement" defined

As used in Code Sections
3-5-30
through
3-5-34
, the term "agreement" shall mean a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration between a brewer and a malt beverage wholesaler pursuant to which the wholesaler has been authorized to distribute one or more of the brewer's brands of malt beverage.