Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee on Sundays from 12:30 P.M. until 12:00 Midnight in a tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit; provided, however, that if such sales of wine on Sundays are lawful at a time earlier than 12:30 P.M. within the county or municipality in which the licensed premises of the Georgia farm winery is located, the Georgia farm winery shall be authorized to sell its wine and the wine of any other Georgia farm winery licensee beginning at such earlier time. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special entertainment districts designated by the local governing authority of the county or municipality, as applicable.
(Code 1981, §3-6-21.2, enacted by Ga. L. 1988, p. 222, § 1; Ga. L. 1991, p. 1164, § 1; Ga. L. 1997, p. 1514, § 1B; Ga. L. 2001, p. 1026, § 1; Ga. L. 2018, p. 896, § 2/SB 17.)
The 2018 amendment, effective May 8, 2018, in the first sentence of this Code section, substituted "a tasting" for "the tasting", and added the proviso.
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1988, "license" was substituted for "licenses" near the end of the first sentence.
Law reviews.- For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 1 (2018).
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 11, 186, 214, 228, 231, 238.
C.J.S.- 48 C.J.S., Intoxicating Liquors, §§ 19, 32 et seq., 83, 84, 85, 86, 425 et seq.