Requirement of License for Shipment of Wines Into State; Contents of Application; Accompanying Documents and Labels; Approval of Wholesalers and Wholesalers' Territories by Commissioner

  1. Law
  2. Georgia Code
  3. Alcoholic Beverages
  4. Wine
  5. State License Requirements and Regulations for Distribution and Sale
  6. Requirement of License for Shipment of Wines Into State; Contents of Application; Accompanying Documents and Labels; Approval of Wholesalers and Wholesalers' Territories by Commissioner

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  1. No shipper shall be permitted to ship wines into this state without first obtaining a proper license from the commissioner in the manner provided in this article.
  2. In addition to the bond required in Code Section 3-6-21 and such other documentation required by the commissioner pursuant to this title, each shipper shall:
    1. Submit with his application one label for each brand of wine to be shipped for the first time by the shipper into this state;
    2. Designate in the application for registration the sales territories for each of its brands sold in this state; and
    3. Name one licensed wholesaler in each territory who shall be the exclusive distributor of the brand within the territory.
  3. Designations of wholesalers and wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed or initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.

(Code 1933, § 58-809, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-5503, enacted by Ga. L. 1980, p. 1573, § 1.)

Law reviews.

- For note and comment, "Dude, Where's My Wine? The Potential Effect of Granholm v. Heald on Georgia Direct Wine Shipment Regulations," see 23 Ga. St. U. L. Rev. 631 (2007).

JUDICIAL DECISIONS

Effect of section on contractual rights between wholesaler and subjobber.

- This section does not purport to regulate private contractual rights between wine wholesaler, designated by out-of-state wineries as exclusive distributor of certain brands, and wholesaler's subjobber or salesperson, also a wholesaler. Chilivis v. National Distrib. Co., 239 Ga. 651, 238 S.E.2d 431 (1977).

Cited in Ga. Oilmen's Ass'n v. Ga. Dep't of Revenue, 261 Ga. App. 393, 582 S.E.2d 549 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 11, 30 et seq., 102, 186, 192 et seq., 201, 209.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 78, 160, 404, 425 et seq., 440, 441.


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