If any business allowed under this chapter is proposed to be carried on within the unincorporated area of a county, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution outside of any incorporated municipality.
(Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 42.)
OPINIONS OF THE ATTORNEY GENERAL
Extent of county license requirements.
- A county may require a wholesale beer dealer to obtain a county wholesale beer license if the dealer is "doing business" in the county, notwithstanding the fact that the dealer may have its principal place of business located in another county. 1987 Op. Att'y Gen. No. U87-3.
Local governments are not empowered to require licensing of wholesalers of alcoholic beverages that take orders for sales and make deliveries of alcoholic beverages within those local governments, but do not have locations or offices within the boundaries of those local governments. 2017 Op. Att'y Gen. No. U17-2.
Effect of referendum on right of governing authorities to issue licenses.
- Ga. L. 1935, p. 73, § 7 (see now O.C.G.A. §§ 3-5-41 and3-5-42), give municipal or county authorities the right to issue licenses for sale of malt beverages; it is solely within the discretion of such governing authorities to issue or not to issue a license, and an election called to determine if the sale of malt beverages should be allowed or prohibited would have no legal effect upon such governing authorities. 1950-51 Op. Att'y Gen. p. 362.
Prevention of legalized sale.- County commissioners of any county have a right to pass a resolution authorizing sale of malt beverages in the county and to fix an annual license fee therefor; the only recourse to prevent the sale would be election of county commissioners who were opposed to legalized sale of malt beverages in the county. 1958-59 Op. Att'y Gen. p. 205.
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 94, 105, 109, 122.
C.J.S.- 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.
ALR.
- Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.