Tastings of Distilled Spirits; Definitions; General Provisions; Prohibited Sales; Administration

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Distilled Spirits
  5. Tastings
  6. Tastings of Distilled Spirits; Definitions; General Provisions; Prohibited Sales; Administration

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Repealed by Ga. L. 2017, p. 406, § 5/SB 85, effective September 1, 2017.

Editor's notes.

- This Code section was based on Ga. L. 2012, p. 682, § 1/HB 514; Ga. L. 2015, p. 317, § 6/SB 63.

Ga. L. 2018, p. 1112, § 3(2)/SB 365, part of an Act to revise, modernize, and correct the Code, repealed the reservation of this Code section, effective May 8, 2018.

CHAPTER 5 MALT BEVERAGES Article 1 General Provisions.
  • 3-5-1. Definitions.
  • 3-5-2. Determination as to when possession occurs.
  • 3-5-3. Malt beverages upon which taxes not paid and motor vehicles, watercraft, or aircraft used in transporting same declared contraband.
  • 3-5-4. Production of malt beverages in private residences; consumption; transportation and delivery; home-brew special events.
  • 3-5-5. Retail sale of kegs; required labeling; removal of labels.
Article 2 State License Requirements and Regulations for Manufacture, Distribution, and Sale.
  • 3-5-20. Levy and amount of state occupational license tax; application for license.
  • 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.
  • 3-5-22. Shipment of malt beverages within or into state without license prohibited; requirement as to furnishing of labels of beverages to be shipped into state for first time [Repealed].
  • 3-5-23. License for manufacture of malt beverages - Grounds and procedure for revocation generally.
  • 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.
  • 3-5-24.1. Exception to three tier system; sales at brewer's licensed premises; taxing; regulatory authority; conditions or limitations.
  • 3-5-25. License for manufacture of malt beverages - Renewal.
  • 3-5-25.1. License for manufacture of malt beverages - Bond required on application for license or renewal.
  • 3-5-26. Persons to whom malt beverages may be sold by wholesale dealers.
  • 3-5-27. Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband.
  • 3-5-28. Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers.
  • 3-5-29. Brewer-wholesaler relations - "Agreement" defined.
  • 3-5-30. Brewer-wholesaler relations - Purpose; intent; enforcement.
  • 3-5-31. Brewer-wholesaler relations - License requirement for shippers of beer; application.
  • 3-5-32. Brewer-wholesaler relations - Conflicts of interest.
  • 3-5-33. Brewer-wholesaler relations - Prohibited acts.
  • 3-5-34. Brewer-wholesaler relations - Applicability of Code Sections 3-5-29 through 3-5-33.
  • 3-5-35. Declaration of policy; "brewpubs".
  • 3-5-36. "Brewpub" exception to three-tier distribution system.
  • 3-5-37. "Brewpub" exception; rules and regulations.
  • 3-5-38. Permits for free tasting of malt beverages during educational and promotional brewery tours; merchandising; fees for tours; selling of beverages; administration [Repealed].
Article 3 Local License Requirements and Regulations for Manufacture, Distribution, and Sale.
  • 3-5-40. Requirement by counties or municipalities of licenses for manufacture, distribution, and sale of malt beverages; effect of revocation of license issued by commissioner or by county or municipality upon license issued by other.
  • 3-5-41. Requirement and issuance of county licenses generally.
  • 3-5-42. Requirement and issuance of municipal licenses generally; requirement by county of license for business licensed by municipality.
  • 3-5-43. Restriction on amount of license fee charged by county or municipality other than that of wholesale dealer's principal place of business.
Article 4 Excise Taxation. Part 1 STATE.
  • 3-5-60. Levy and amount of tax.
  • 3-5-61. Exemptions from tax.
Part 2 LOCAL.
  • 3-5-80. Levy and amount of tax.
  • 3-5-81. Payment of tax by wholesale dealers generally; time of payment; reports by dealers as to quantities of beverages sold.
  • 3-5-82. Requirement of markings on containers.
  • 3-5-83. Use of excess tax revenues by consolidated governments and certain counties.
  • 3-5-84. Enforcement of part.
Part 3 EXEMPTIONS.
  • 3-5-90. Malt beverages containing less than one-half of 1 percent alcohol by volume.
Law reviews.

- For note, "Beer, Liquor, or a Little Bit of Both? Getting to the Bottom of Properly Classifying Flavored Malt Beverages in the United States and Australia," see 39 Ga. J. Int'l & Comp. L. 471 (2011).

Administrative Rules and Regulations.

- Malt beverage regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Chapter 560-2-7.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1935, Ex. Sess., p. 73 are included in the annotations for this chapter.

Due process not denied.

- This chapter does not deprive petitioner of due process of law, but provides for privilege which may be granted or denied in discretion of local authorities. Tate v. Seymour, 181 Ga. 801, 184 S.E. 598 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).

The terms "malt beverage" and "beer" are, in effect, synonymous. Bilbo v. State, 73 Ga. App. 680, 37 S.E.2d 812 (1946); Turnbow v. State, 153 Ga. App. 479, 265 S.E.2d 832 (1980) (decided under former Ga. L. 1935, Ex. Sess., p. 73).

Possession or sale of malt beverages is not illegal, provided seller has been licensed. Carter v. State, 60 Ga. App. 758, 5 S.E.2d 244 (1939) (decided under former Ga. L. 1935, Ex. Sess., p. 73).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1935, Ex. Sess., p. 73 are included in the annotations for this Code chapter.

Home brew is a malt beverage and its manufacture is subject to this chapter notwithstanding that the alcoholic content exceeds 6 percent by volume. 1962 Op. Att'y Gen. p. 297 (decided under former Ga. L. 1935, Ex. Sess., p. 73).

Referendum for sale of beer.

- There is no provision in this chapter for referendum relative to sale of beer in any county or municipality, and if such referendum is held it is not binding on governing authorities. 1952-53 Op. Att'y Gen. p. 457 (decided under former Ga. L. 1935, Ex. Sess., p. 73).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 7, 8, 9, 187, 317. 71 Am. Jur. 2d, State and Local Taxation, §§ 178 et seq., 309 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 14.

ALR.

- Test of intoxicating character of liquor, 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513.

Criminal responsibility of husband for violation of liquor law by wife, 19 A.L.R. 136; 27 A.L.R. 312.

ARTICLE 1 GENERAL PROVISIONS


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