O.C.G.A.

O.C.G.A. § 3-3-26 (2019)

Allowing or permitting of breaking of packages or drinking of contents thereof on premises

✓ 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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No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises.

History

Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Code 1933, § 5A-513, enacted by Ga. L. 1980, p. 1573, § 1.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, decisions rendered under former Code 1933, § 58-1027 are included in the annotations for this Code section.

Under former Code 1933, § 58-1027, it was unlawful to permit sale of spirituous liquors and whiskeys, as defined in former Code 1933, § 58-1011, in unbroken packages or by the drink

to be consumed on premises. 1954-56 Op. Att’y Gen. p. 460 (rendered under former Code 1993 § 58-1027).

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Flores v. Exprezit! Stores 98-Georgia, LLC, 696 S.E.2d 125 (Ga. Ct. App. 2010).

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Flores v. Exprezit! Stores 98-Georgia, LLC, 696 S.E.2d 125 (Ga. Ct. App. 2010). · cites it 2× “OCGA §§ 3-3-26; 40-6-253. Even if Grundell was noticeably intoxicated and Exprezit! knew he would leave the store with the packaged beer and drive away in a motor vehicle, Exprezit! did not know if Grundell would drink the beer, how much he might drink, when he might do so, or…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.