Holder of Retail Dealer's License Authorized to Sell Only Unbroken Packages; Breaking of Package or Packages or Drinking of Contents Thereof on Premises Prohibited

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  1. Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall authorize the holder to sell distilled spirits only in the original and unbroken package or packages, which shall contain not less than 50 milliliters each.
  2. Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's license shall not permit the breaking of the package or packages on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1976, p. 990, § 1; Code 1933, § 5A-2506, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 33; Ga. L. 1994, p. 553, § 2; Ga. L. 2020, p. 615, § 6/HB 879.)

The 2020 amendment, effective August 3, 2020, in subsection (a), substituted "Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a" for "A" at the beginning and deleted "package or packages" preceding "shall contain"; and substituted "Except as provided in Code Section 3-3-26 or Chapter 15 of this title, a retail dealer's" for "The" at the beginning of subsection (b).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 29, 41, 42.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 33, 138 et seq., 425 et seq., 440, 441.

ALR.

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

Constitutionality, construction, and application of statutes designed to prevent or limit control of retail liquor dealers by manufacturers, wholesalers, or importers, 136 A.L.R. 1238.

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

Right to withdraw application to procure or to transfer liquor license, 73 A.L.R.2d 1223.

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


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