"Brewpub" Exception to Three-Tier Distribution System

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Malt Beverages
  5. State License Requirements and Regulations for Manufacture, Distribution, and Sale
  6. "Brewpub" Exception to Three-Tier Distribution System

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A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions:

  1. No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licensee shall comply with all other applicable state and local license requirements;
  2. A brewpub license authorizes the holder of such license to:
    1. Manufacture on the licensed premises not more than 10,000 barrels of malt beverages in a calendar year solely for retail sale;
    2. Operate an eating establishment that shall be the sole retail outlet for such malt beverages;
    3. Operate an eating establishment that may offer for sale for consumption on the premises any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and
    4. Notwithstanding any other provision of this paragraph, sell up to a maximum of 5,000 barrels annually of such malt beverages to licensed wholesale dealers. Under no circumstances shall such malt beverages be sold by a brewpub licensee to any person holding a retail consumption dealer's license or a retailer's license for the purpose of resale;
  3. Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises;
  4. A brewpub license holder shall not be prohibited from selling wine or malt beverages by the package for consumption off the premises where so permitted by resolution or ordinance of the county or municipality;
  5. The commissioner shall not issue a brewpub license if the premises to be licensed is located in a county or municipality in which the sale of alcoholic beverages is prohibited; and
  6. A brewpub licensee shall:
    1. Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title;
    2. At the request of the commissioner, provide an irrevocable letter of credit or bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and
    3. Measure malt beverages manufactured on the premises and otherwise comply with applicable rules and regulations respecting excise and enforcement tax determination of such malt beverages as required by this title.

(Code 1981, §3-5-36, enacted by Ga. L. 1995, p. 734, § 3; Ga. L. 1997, p. 1514, § 1; Ga. L. 2012, p. 680, § 2/HB 472; Ga. L. 2015, p. 317, § 7/SB 63; Ga. L. 2017, p. 406, § 9/SB 85.)

The 2017 amendment, effective September 1, 2017, substituted the present provisions of paragraph (4) for the former provisions, which read: "A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises;".

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1995, semicolons were substituted for periods at the end of paragraphs (2) through (5) and "and" was added at the end of former paragraph (6) [now paragraph (5).


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