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.
(Ga. L. 1915, Ex. Sess., p. 77, § 20; Code 1933, § 58-122; Code 1933, § 5A-7112, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2015, p. 693, § 3-1/HB 233.)
Editor's notes.- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).
JUDICIAL DECISIONS
Constitutionality.
- This section is not unconstitutional for lack of due process in failing to provide for notice and hearing prior to seizure or prior to disposition of liquor declared therein to be contraband and forfeited to state. Blackmon v. Brotherhood Protective Order of Elks, Toccoa Lodge No. 1820, 232 Ga. 671, 208 S.E.2d 483 (1974).
Former owners barred from claim to seized liquor.
- Under express terms, liquor seized is contraband per se and former owners have no property rights therein. Accordingly, they can have no claim to seized liquor. Blackmon v. Brotherhood Protective Order of Elks, Toccoa Lodge No. 1820, 232 Ga. 671, 208 S.E.2d 483 (1974).
Property used in illegal keeping of liquors contraband and forfeited to state.
- This section declares that any and all property used in illegal keeping of liquors or beverages is contraband, in which owner has no property right, and authorizes state to destroy or seize such property. Elder v. Stark, 200 Ga. 452, 37 S.E.2d 598 (1946).
Disposition of contraband liquor.
- The contraband liquor referred to in former Code 1933, § 58-122 (see now O.C.G.A. § 3-10-10) was legal liquor within meaning of Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-4-1 et seq.), and not merely prohibited liquor within the meaning of former § 58-122, and the court erred in refusing to make mandamus absolute, as sheriff should have delivered the contraband liquor over to state revenue commissioner as required by Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-2-33). Redwine v. Berry, 210 Ga. 567, 81 S.E.2d 837 (1954).
Prohibited liquors contraband, forfeited to state, and under court jurisdiction.
- No property rights exist in prohibited liquors and they are declared by law to be contraband, to be forfeited to state when seized, and may be ordered condemned and destroyed by court acquiring jurisdiction thereof. Redwine v. Berry, 210 Ga. 567, 81 S.E.2d 837 (1954).
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, § 393 et seq.
C.J.S.- 48A C.J.S., Intoxicating Liquors, §§ 750 et seq., 777 et seq.
ALR.
- Power to prohibit the possession of intoxicating liquor, irrespective of any intention to traffic therein, 2 A.L.R. 1085.
Constitutionality of statute providing for forfeiture of property upon which intoxicating liquor is manufactured or sold, 10 A.L.R. 1591.
Constitutional guaranties against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 39 A.L.R. 811; 74 A.L.R. 1418.
Rights and protection of innocent persons where property in which they are interested is seized because of its illegal use in connection with intoxicating liquor, 47 A.L.R. 1055; 61 A.L.R. 551; 73 A.L.R. 1087; 82 A.L.R. 607; 124 A.L.R. 288.
Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.