Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing alcoholic beverages are declared to be privileges in this state and not rights; however, such privileges shall not be exercised except in accordance with the licensing, regulatory, and revenue requirements of this title.
(Code 1933, § 5A-501, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1985, p. 1118, § 2.)
- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1937-38, Ex. Sess., p. 103 are included in the annotations for this Code section.
- For article on local government law and liquor licensing, see 15 Ga. L. Rev. 1039 (1981). For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B.J. 58 (1987). For comment on Hornsby v. Allen, 326 F.2d 605 (5th Cir. 1964), overturning the mere privilege doctrine by applying due process requirement to liquor licensing, see 19 Mercer L. Rev. 250 (1968).
- A liquor license holder has a sufficient property interest in holding license to date of its automatic termination that revocation of that license must be accompanied by rudimentary due process protections. Liquor license revocation procedures which provide for a hearing, preceded by advance notice setting forth charge forming basis for revocation, are sufficient to comport adequately with due process mandates. Page v. Jackson, 398 F. Supp. 263 (N.D. Ga. 1975) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
Ga. L. 1937-38, Ex. Sess. p. 103 does not confer a right upon anyone; it is expressly limited to the granting or refusal of a mere privilege. Hudon v. North Atlanta, 108 Ga. App. 370, 133 S.E.2d 58 (1963) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
Ga. L. 1937-38, Ex. Sess. p. 103 applies to issuance and transfer of licenses granting to persons the privilege of engaging in sale of such commodities. Allen v. Carter, 226 Ga. 727, 177 S.E.2d 245 (1970) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
A license to sell spirituous liquors is neither a contract nor a property right in licensee, but a mere permit to do what would otherwise be an offense against the general law. Smith v. Nix, 206 Ga. 403, 57 S.E.2d 275 (1950) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
The authority to regulate traffic in liquor in state is solely within police power of state, and privilege of possessing and selling liquor in state can be obtained only by strict compliance with state's laws regulating traffic and sale of liquors. Akins v. State, 224 Ga. 650, 164 S.E.2d 125 (1968) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
Since no one has inherent right to engage in intoxicating liquor business, licensing regulation is not proper subject for enforcement by writ of mandamus. Lindsey v. Hill, 221 Ga. 518, 145 S.E.2d 556 (1965) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
- Ga. Comp. R. & Regs. r. 560-2-2-.38 is not shown to be derived from any statute, constitutional provision, or judicial decision apart from the Georgia Department of Revenue's mandate under the Georgia Alcoholic Beverage Code (Act), O.C.G.A. § 3-1-1, to make rules and regulations for the enforcement of the Act and the collection of revenues under the Act; although the parties intended to circumvent Ga. Comp. R. & Regs. r. 560-2-2-.38 by issuing corporate stock to an employee's wife, the stock agreement was not illegal or immoral; thus, a trial court erred in voiding the stock interest of the employee's wife, and summary judgment in favor of the corporation in the wife's action for an accounting, dissolution, and other relief was reversed. Edwards v. Grapefields, Inc., 267 Ga. App. 399, 599 S.E.2d 489 (2004).
Cited in Reeves v. Bridges, 248 Ga. 600, 284 S.E.2d 416 (1981).
- 16A Am. Jur. 2d, Constitutional Law, § 276. 45 Am. Jur. 2d, Intoxicating Liquors, §§ 18 et seq., 152.
- 48 C.J.S., Intoxicating Liquors, §§ 21, 24 et seq., 93.
- What constitutes manufacturing and who is a manufacturer under tax laws, 17 A.L.R.3d 7.
Total Results: 20
Court: Supreme Court of Georgia | Date Filed: 2023-10-11
Snippet: whether Head had withdrawn; and (3) Rules 1.16 (a) (3),3 1.16 (c),4 and 1.16 (d),5 by failing to timely withdraw
Court: Supreme Court of Georgia | Date Filed: 2023-09-06
Snippet: alleged to have violated Rules 1.1,1 1.2 (a),2 1.3,3 1.4,4 1.16 (d),5 8.4 (a) (4),6 and 9.27 of the Georgia
Court: Supreme Court of Georgia | Date Filed: 2022-12-20
Snippet: ]” which are reserved to this Court. OCGA § 15-3-3.1 (a) (2) (enacted by Ga. L. 2016, p. 883, § 6-1
Court: Supreme Court of Georgia | Date Filed: 2021-08-24
Snippet: 1983, Art. VI, Sec. VI, Pars. II, III; OCGA §15-3-3.1. 5 See OCGA § 5-6-34 (a) (Direct appeals are
Court: Supreme Court of Georgia | Date Filed: 2021-06-21
Snippet: Art. VI, Sec. VI, Pars. II and III; OCGA § 15-3- 3.1, we transfer this appeal to the Court of Appeals
Court: Supreme Court of Georgia | Date Filed: 2019-06-24
Citation: 830 S.E.2d 179, 306 Ga. 301
Snippet: finding that the Alcoholic Beverage Code, OCGA § 3-3-1 et seq., permits the City to impose alcoholic beverage
Court: Supreme Court of Georgia | Date Filed: 2018-05-21
Citation: 814 S.E.2d 736
Snippet: " and thus we have jurisdiction under OCGA § 15-3-3.1 (a) (4). Nevertheless, Brock's appeal must be dismissed
Court: Supreme Court of Georgia | Date Filed: 2018-03-05
Citation: 811 S.E.2d 388
Snippet: jurisdiction in light of the changes imposed by OCGA § 15-3-3.1 on appeals filed after January 1, 2017. We conclude
Court: Supreme Court of Georgia | Date Filed: 2018-03-05
Citation: 811 S.E.2d 378
Snippet: "concerning proceedings in [murder cases]." OCGA § 15-3-3.1 (a) (2). We note that we previously have looked
Court: Supreme Court of Georgia | Date Filed: 2018-03-05
Citation: 811 S.E.2d 315
Snippet: transferred to the Court of Appeals. See OCGA § 15-3-3.1. Because the application for discretionary review
Court: Supreme Court of Georgia | Date Filed: 2018-03-05
Citation: 811 S.E.2d 309
Snippet: 1983, Art. VI, Sec. VI, Par. III (3); OCGA § 15-3-3.1 (a) (3) ; Ga. L. 2016, p. 883, § 6-1 (c). After
Court: Supreme Court of Georgia | Date Filed: 2017-12-11
Citation: 302 Ga. 714, 808 S.E.2d 669
Snippet: L. 2016, p. 883, §§ 3-1 (codified at OCGA § 15-3-3.1 (a) (5)), 6-1 (c); Merrill v. Lee, 301 Ga. 34, 36
Court: Supreme Court of Georgia | Date Filed: 2017-11-14
Citation: 302 Ga. 662, 807 S.E.2d 455
Snippet: L. 2016, p. 883, §§3-1 (codified at OCGA § 15-3-3.1 (a) (1)), 6-1 (c) (effective date). Thus, appeals
Court: Supreme Court of Georgia | Date Filed: 2017-10-30
Citation: 302 Ga. 451, 807 S.E.2d 379
Snippet: L. 2016, p. 883, §§ 3-1 (codified at ÓCGA § 15-3-3.1 (a) (5)), 6-1 (c); Merrill v. Lee, 301 Ga. 34, 36
Court: Supreme Court of Georgia | Date Filed: 2017-10-16
Citation: 302 Ga. 309, 806 S.E.2d 550
Snippet: was filed before January 1, 2017. See OCGA § 15-3-3.1, enacted by Ga. L. 2016, p. 883, § 3-1. The trial
Court: Supreme Court of Georgia | Date Filed: 2017-10-02
Citation: 302 Ga. 637, 805 S.E.2d 817
Snippet: Court and not the Court of Appeals. See OCGA § 15-3-3.1 (a), effective January 1, 2017 (Ga. L. 2016, p.
Court: Supreme Court of Georgia | Date Filed: 2017-09-13
Citation: 302 Ga. 23, 805 S.E.2d 74, 2017 Ga. LEXIS 763
Snippet: the January 1, 2017 effective date of OCGA § 15-3-3.1, pursuant to which jurisdiction in cases involving
Court: Supreme Court of Georgia | Date Filed: 2017-06-30
Citation: 301 Ga. 653, 803 S.E.2d 63, 2017 Ga. LEXIS 553, 2017 WL 2822465
Snippet: finding that the Alcoholic Beverage Code, OCGA § 3-3-1 et seq., permits the City to impose alcoholic beverage
Court: Supreme Court of Georgia | Date Filed: 2017-06-19
Citation: 301 Ga. 532, 801 S.E.2d 774, 2017 WL 2623867, 2017 Ga. LEXIS 539
Snippet: January 1, 2017. Id. §§ 3-1 (codified at OCGA § 15-3-3.1 (a) (5)), 6-1 (c).” Merrill v. Lee, 301 Ga. 34,
Court: Supreme Court of Georgia | Date Filed: 2017-06-19
Citation: 301 Ga. 472, 801 S.E.2d 843, 2017 WL 2625459, 2017 Ga. LEXIS 531
Snippet: filed on or after January 1, 2017. See OCGA § 15-3-3.1 (a) (2). See also Moreno v. Smith, 299 Ga. 443,