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

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities
  5. 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

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  1. 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.
  2. No person shall have any property right in or to any contraband specified in subsection (a) of this Code section.
  3. 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.

(Ga. L. 1964, p. 722, § 1; Ga. L. 1968, p. 1051, § 1; Code 1933, § 5A-7114, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 63; Ga. L. 2015, p. 693, § 3-3/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).

OPINIONS OF THE ATTORNEY GENERAL

Terms defined.

- Terms "raw materials" and "substances" in this section mean ingredients used in making the alcoholic beverage - things that become a part thereof, such as sugar or malt or grain. 1963-65 Op. Att'y Gen. p. 449.

Automobiles or other motor vehicles are not contraband. 1963-65 Op. Att'y Gen. p. 449.

RESEARCH REFERENCES

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 90, 325 et seq. 48A C.J.S., Intoxicating Liquors, §§ 750 et seq., 777 et seq.

ALR.

- Constitutional guaranties against unreasonable searches and seizures as applied to search for or seizure of intoxicating liquor, 3 A.L.R. 1514; 13 A.L.R. 1316; 27 A.L.R. 709; 39 A.L.R. 811; 74 A.L.R. 1418.

Constitutionality of statute providing for forfeiture of property upon which intoxicating liquor is manufactured or sold, 10 A.L.R. 1591.

Right to jury trial in case of seizure of property alleged to be illegally used, 17 A.L.R. 568; 50 A.L.R. 97.

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, 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.


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