O.C.G.A.

O.C.G.A. § 3-10-5 (2019)

Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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It is unlawful for any person to permit the use of any premises which he owns or controls for the unlawful sale, manufacture, or other unlawful disposition of distilled spirits.

History

Ga. L. 1915, Ex. Sess., p. 77, § 5; Code 1933, § 58-105; Code 1933,

§ 5A-7103, enacted by Ga. L. 1980, p. 1573, § 1.

Annotations

JUDICIAL DECISIONS A proceeding to abate a common nuisance brought under this section is a civil action. Burgess v. State, 221 Ga. 586, 146 S.E.2d 288 (1965). Judgment denying relief on owner’s petition to reopen premises closed as nuisance undisturbed. - Judgment denying relief on petition brought by owner of premises padlocked as nuisance under former Code 1933, § 58-104 (see now O.C.G.A. § 3-10-9), on

which there was a hearing, in which the owner asserted the owner’s lack of knowledge of illegal purpose for which the tenant, the defendant in original proceeding, used premises, and praying that the owner be permitted to reopen the premises will not be disturbed when it appears the evidence at the hearing was sufficient to show guilty knowledge on the part of the owner. Baskin v. Meadors, 196 Ga. 802, 27 S.E.2d 696 (1943).

RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, § 249 et seq. C.J.S. - 48 C.J.S., Intoxicating Liquors, §§ 454 et seq., 509, 520 et seq.

ALR. - Effect of interference by law with liquor business on lease of property for that purpose, 22 A.L.R. 821. Criminal liability of member or agent of

private club or association, or of owner or lessor of its premises, for violation of state

or local liquor or gambling laws thereon, 98 A.L.R.3d 694.