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Arrest and Prosecution of Violators of Title

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The commissioner or his agents shall secure warrants or other criminal process against any person who violates any provision of this title in counties and municipalities where the sale of alcoholic beverages is not authorized and in counties and municipalities where the sale of alcoholic beverages is authorized but where the alcoholic beverages are being sold contrary to law. The commissioner or his agents shall prosecute such offenders.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 17; Ga. L. 1972, p. 207, § 8; Code 1933, § 5A-353, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 13.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 261 et seq., 374 et seq.

14C Am. Jur. Pleading and Practice Forms, Intoxicating Liquors, § 74 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 454 et seq., 557 et seq.

ALR.

- Right to arrest without a warrant for unlawful possession or transportation of intoxicating liquor, 44 A.L.R. 132.

CHAPTER 3 REGULATION OF ALCOHOLIC BEVERAGES GENERALLY Article 1 General Provisions.

3-3-1. Declaration of business of manufacturing, selling, and other dealings in alcoholic beverages as privilege subject to regulatory requirements.
3-3-1.1. Legislative intent; construction.
3-3-2. Powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally; due process guidelines; fingerprints.
3-3-2.1. Notice to revenue department by county or municipality of violations concerning sale of alcoholic beverages to underage persons.
3-3-2.2. Maximum fine for violations of local alcoholic beverages licensing ordinances.
3-3-3. Licenses required to distribute, sell, or otherwise deal in alcoholic beverages; display of licenses.
3-3-4. Exemptions from license fees or taxes.
3-3-5. Sale of alcoholic beverages not complying with federal requirements as to quality or purity or standards adopted by commissioner.
3-3-6. Maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers; disposal of records.
3-3-7. Local authorization and regulation of sales of alcoholic beverages on Sunday.
3-3-8. Possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state.
3-3-9. Penalty for violations of prohibitions in chapter.
3-3-10. Delivery of malt beverages, wine, and distilled spirits for personal use; marketing, receiving, and processing orders; regulation; penalty.

Article 2 Prohibited Acts.

3-3-20. Sale of alcoholic beverages on Sundays, election days, and Christmas Day.
3-3-21. Sales of alcoholic beverages near churches, school buildings, or other sites.
3-3-21.1. Possession of alcoholic beverages on the grounds of a public school.
3-3-22. Sale or furnishing of alcoholic beverages to intoxicated persons.
3-3-23. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; identification; serving, or handling by persons under 21 years of age in the course of employment; seller's receipt of false identification; immunity for seeking medical assistance for alcohol related overdose.
3-3-23.1. (For effective date, see note.) Procedure and penalties upon violation of Code Section 3-3-23.
3-3-24. Dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age.
3-3-24.1. "Bouncer" defined; admission of under 21 year olds into bar.
3-3-24.2. Posting of laws regarding sale of alcoholic beverages to underage persons.
3-3-25. Sale of or furnishing alcoholic beverages to prisoners or inmates of places of confinement; introduction or possession of alcoholic beverages at Georgia War Veterans Home.
3-3-26. Prohibition on drinking of alcoholic beverages on retail package premises; sampling permitted; regulation.
3-3-27. Unlawful manufacture, transportation, receipt, possession, sale, or distribution of alcoholic beverages; failure to file proper reports or bonds or pay fees; declaration of apparatus used in unlawful manufacture of alcoholic beverages as contraband; penalties.
3-3-27.1. Report to the commissioner of alcoholic beverages transported into this state.
3-3-28. Reuse, counterfeiting, or forging of tax stamps [Repealed].
3-3-29. Possession, sale, or purchase of distilled spirits for which taxes not paid.
3-3-30. Storage and distribution of alcoholic beverages by corporations granted the privilege of establishing, operating, and maintaining foreign trade zones.
3-3-31. Legislative findings.
3-3-32. Shipment of alcoholic beverages into state by nonresident, without license, who is in business of selling alcoholic beverages in another state.
3-3-33. Vaporized form of alcoholic beverages and alcohol vaporizing devices prohibited.
3-3-34. "Powdered alcohol" defined; prohibition; exception; penalty.

Article 3 Prohibited Conduct on Licensed Premises.

3-3-40 through 3-3-46 [Repealed].

RESEARCH REFERENCES

ALR.

- Provision as to sale of liquor to women as affecting validity of regulatory statute, 9 A.L.R.2d 541.

Construction of statute or ordinance making it an offense to possess or have alcoholic beverages in opened package in motor vehicle, 35 A.L.R.3d 1418.

Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants, 19 A.L.R.4th 1251.

Validity and construction of statute or ordinance making it offense to have possession of open or unsealed alcoholic beverage in public place, 39 A.L.R.4th 668.

Liquor license as subject to execution or attachment, 40 A.L.R.4th 927.

ARTICLE 1 GENERAL PROVISIONS

Administrative Rules and Regulations.

- General provisions, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-2.

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