Licensing of Farm Wineries to Engage in Retail and Wholesale Sales; Surety Bond; Excise Taxes

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Wine
  5. State License Requirements and Regulations for Distribution and Sale
  6. Licensing of Farm Wineries to Engage in Retail and Wholesale Sales; Surety Bond; Excise Taxes

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  1. As used in this Code section, the term:
    1. "Farm winery" means a winery which makes at least 40 percent of its annual production from agricultural produce grown in the state where the winery is located and:
      1. Is located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery; or
      2. Is owned and operated by persons who are engaged in the production of a substantial portion of the agricultural produce used in its annual production.

        For purposes of this paragraph, the commissioner shall determine what is a substantial portion of such winery premises or agricultural produce.

    2. "Georgia farm winery" means a farm winery which is licensed by the commissioner to manufacture wine in Georgia.
    3. "Tasting room" means an outlet for the promotion of a farm winery's wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given free of charge or for a fee.
  2. The commissioner may authorize any Georgia farm winery to offer wine samples and to make retail sales of its wine and the wine of any other Georgia farm winery in tasting rooms at the winery and at five additional locations in this state for consumption on the premises and in closed packages for consumption off the premises; provided, however, that notwithstanding any other provisions of this title to the contrary, if the licensee is also issued a license pursuant to Code Section 3-4-24, the commissioner shall not authorize more than one tasting room for such Georgia farm winery and shall require that such tasting room shall be located on the licensed premises of the Georgia farm winery; and provided, further, that the Georgia farm winery shall not sell its wine or the wine of any other farm winery in more than one tasting room, and such tasting room shall be located on the licensed premises of the Georgia farm winery. For purposes of this subsection, the term "licensed premises" shall mean the premises for which the farm winery license is issued or property located contiguous to the farm winery and owned by the farm winery.
    1. The commissioner may authorize any licensee which is a farm winery to sell up to 24,000 gallons per calendar year of its wine at wholesale within the state; provided, however, that the commissioner shall not authorize any licensed farm winery to sell its wine at wholesale unless such licensed farm winery shall have first offered its products for sale at a fair market wholesale price to a licensed Georgia wholesaler and such wholesaler does not accept the farm winery's product within 30 days of such offer.
    2. A farm winery licensee shall also be authorized to sell, deliver, or ship its wine in bulk or in bottles, whether labeled or unlabeled, in accordance with regulations of the commissioner, to Georgia farm winery licensees and shall be authorized to acquire and receive deliveries and shipments of such wine made by Georgia farm winery licensees.
    3. A Georgia farm winery licensee shall be authorized, in accordance with regulations of the commissioner, to acquire and receive deliveries and shipments of wine in bulk from out-of-state producers and shippers in an amount not to exceed 40 percent of its annual production, provided that the Georgia farm winery licensee receiving any such shipment or shipments files timely reports with the commissioner and keeps such records of the receipt of such shipment or shipments as may be required by the commissioner.
    4. Any wine received in bulk pursuant to paragraph (3) of this subsection shall have levied thereon the requisite taxes as prescribed by Code Section 3-6-50, and such taxes shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.
  4. The annual license tax for each license issued pursuant to this Code section shall be $50.00.
  5. The surety bond required as a condition upon issuance of a license pursuant to this Code section shall be the same as that required pursuant to Code Section 3-6-21 with respect to wineries.
  6. Wines sold at retail by a manufacturer as provided in subsection (b) of this Code section shall have levied thereon an excise tax as prescribed by Code Section 3-6-50, and such tax shall be reported and remitted to the commissioner as provided in Code Section 3-2-6.

(Code 1933, § 5A-5511, enacted by Ga. L. 1981, p. 1269, § 52; Ga. L. 1982, p. 1111, §§ 1, 3; Ga. L. 1983, p. 1116, § 1; Ga. L. 1984, p. 1142, § 1; Ga. L. 1985, p. 1403, § 1; Ga. L. 2001, p. 1026, § 1; Ga. L. 2008, p. 773, § 1/HB 393; Ga. L. 2009, p. 8, § 3/SB 46; Ga. L. 2014, p. 214, § 2/HB 825; Ga. L. 2017, p. 770, § 1/SB 226.)

The 2017 amendment, effective May 9, 2017, substituted "40 percent" for "20 percent" in the middle of paragraph (c)(3); and substituted "paragraph 3" for "paragraph(3)" near the beginning of paragraph (c)(4).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2017, "paragraph (3)" was substituted for "paragraph 3" in paragraph (c)(4).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 11, 186, 214, 228, 231, 238. 58 Am. Jur. 2d, Occupations, Trades, and Professions, § 8 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 19, 32 et seq., 83, 84, 425 et seq. 53 C.J.S., Licenses, §§ 18, 19, 36.


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