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2018 Georgia Code 3-10-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-10-5 Case Law from Google Scholar Amendments to OCGA 3-10-5

TITLE 3 ALCOHOLIC BEVERAGES

Section 10. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities, 3-10-1 through 3-10-15.

ARTICLE 2 HOTELS AND MOTELS

3-10-5. Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits.

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.

(Ga. L. 1915, Ex. Sess., p. 77, § 5; Code 1933, § 58-105; Code 1933, § 5A-7103, enacted by Ga. L. 1980, p. 1573, § 1.)

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, § 282.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 237, 316.

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.

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