Prohibition of Holding or Having Beneficial Interest in More Than Two Retail Dealer Licenses

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Distilled Spirits
  5. State License Requirements and Regulations for Manufacture, Distribution, and Package Sales
  6. Prohibition of Holding or Having Beneficial Interest in More Than Two Retail Dealer Licenses

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  1. No person shall be issued more than two retail dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest.
  2. For purposes of this Code section:
    1. The term "person" shall include all members of a retail dealer licensee's family; and the term "family" shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law.
    2. The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.
  3. Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been:
    1. Held prior to the creation of any of the above relationships by marriage; or
    2. Held prior to April 3, 1978.

(Ga. L. 1978, p. 1376, § 1; Code 1933, § 5A-2502, enacted by Ga. L. 1980, p. 1573, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Leasing third liquor store to another licensee.

- Subsection (a) of O.C.G.A. § 3-4-21 prohibits the holder of two retail liquor licenses not only from holding any other such licenses but also from having any financial, contractual, or other business interest in another retail liquor store and thus from leasing a third location for which one holds a beer or wine license to another retail liquor licensee or retail liquor business. 1984 Op. Att'y Gen. No. 84-47.

"Person" defined.

- "Person," as the term is used in this section, means a licensee, a license applicant, and any person having any degree of interest in a retail liquor store. 1979 Op. Att'y Gen. No. 79-59.

Prohibition as to family members.

- This section prohibits holding more than two retail liquor licenses and having an interest in more than two retail package stores by family members related within first degree of consanguinity and affinity as computed according to canon law; this class of relations would include the following: A person's spouse, parents, stepparents, parents-in-law, brothers and sisters, stepbrothers and stepsisters, brothers-in-law and sisters-in-law, children, stepchildren, and children-in-law. 1979 Op. Att'y Gen. No. 79-59.

Computing degrees of consanguinity and affinity.

- Degrees of consanguinity and affinity are to be computed according to the canon law method. 1979 Op. Att'y Gen. No. 79-59.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, § 104 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 175.

ALR.

- Civil liability of one who takes out license for sale of intoxicating liquor for benefit of another, 2 A.L.R. 1516.

Power to limit the number of intoxicating liquor licenses, 124 A.L.R. 825; 163 A.L.R. 581.


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