O.C.G.A. § 3-3-34 (2019)
‘‘Powdered alcohol’’ defined; prohibition; exception; penalty
(a) For purposes of this Code section, the term ‘‘powdered alcohol’’ means a powdered or crystalline substance that contains any amount of alcohol for direct use or reconstitution.
(b)(1) No person shall manufacture, use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered alcohol.
(2) No person licensed or issued a permit pursuant to this title shall use powdered alcohol as an alcoholic beverage or use powdered alcohol to create an alcoholic beverage.
(c) This Code section shall not apply to the use of powdered alcohol for bona fide research purposes by a:
(1) Health care provider that operates primarily for the purpose of conducting scientific research;
(2) State institution;
(3) Private college or university; or
(4) Pharmaceutical or biotechnology company.
(d) Any person convicted of a violation of this Code section shall be guilty of a misdemeanor.
(e) Any violation of this Code section by a person licensed or issued a permit pursuant to this title shall constitute grounds for the suspension and revocation of any and all of such licenses and permits issued to such person.
History
Code 1981, § 3-3-34, enacted by Ga. L. 2015, p. 578, § 4/HB 152.
ARTICLE 3 PROHIBITED CONDUCT ON LICENSED PREMISES 3-3-40 through 3-3-46. Repealed by Ga. L. 2019, p. 919, § 18-1/HB 553, effective July 1, 2019.
Annotations
Editor's notes. - This article consisted of Code Sections 3-3-40 through 3-3-46, relating to prohibited conduct on licensed premises, and was based on Code 1981, §§ 3-3-40 through 3-3-46, enacted by Ga. L. 1988, p. 212, § 1; Ga. L. 2015, p. 317, § 3/SB 63.
- - - - - - - - - -
CHAPTER 4 DISTILLED SPIRITS
Article 1
General Provisions.
3-4-1. Definitions.
3-4-2. Applicability of chapter to ethyl alcohol used for certain purposes.
3-4-3. Retail dealer's signs; signs advertising Georgia lottery.
Article 2
State License Requirements and
Regulations for Manufacture,
Distribution, and Package
Sales.
3-4-20. Levy and amount of state occupational license tax; application for license.
3-4-21. Prohibition of holding or having beneficial interest in more than two retail dealer licenses.
3-4-21.1. Requirement for retail license; application of existing license to new location.
3-4-22. Filing of bonds by applicants for licenses generally.
3-4-23. Certificate of residence required for retail dealer's license; intention of Code section.
3-4-24. Issuance to fruit growers of license to manufacture distilled spirits; storage and disposition; limitations upon manufacture and sale; issuance of manufacturer's or distiller's license in certain counties or municipalities; tasting room limitations for certain licensees.
3-4-24.1. Distiller's license authorizing manufacture of distilled spirits from agricultural products other than perishable fruits; storage.
3-4-24.2. Three-tier system of distribution and sale of distilled spirits; Sunday sales; regulatory authority; conditions or limitations.
3-4-24.3. Licensing for the manufacture or distribution of distilled spirits on local level.
3-4-25. Holder of retail dealer's license authorized to sell only unbroken packages; breaking of package or packages or drinking of contents thereof on premises prohibited.
3-4-26. Display of advertisement or information regarding prices of distilled spirits in visible places; sales below cost prohibited; exceptions authorized.
3-4-27. Notice of intention to secure retail dealer license for sale of distilled spirits.
Article 3
Local Authorization and Regulations
for Manufacture, Distribution,
and Package Sales.
3-4-40. Requirement as to approval by referendum elections of issuance of licenses generally.
3-4-41. Petition for referendum; notice of call for referendum.
3-4-42. Form of ballots for referendum election.
3-4-43. Applicability of general election laws.
3-4-44. Certification of results; payment of expenses.
3-4-45. Effect of majority vote in favor of package sales.
3-4-46. Procedure for conduct of election for purpose of nullifying previous election result.
3-4-47. Adoption of resolutions and ordinances; determination of location of retail or businesses licensed by local governing authorities.
3-4-48. Maximum annual license fees for municipal or county licenses.
3-4-49. Municipalities in wet counties.
3-4-50. Redesignated [Repealed].
3-4-51. Redesignated [Repealed].
Article 4
Excise Taxation.
Part 1
STATE.
3-4-60. Levy and amount of tax.
3-4-61. Payment of tax; report.
Part 2
LOCAL.
3-4-80. Levy of tax on sale of distilled spirits by the package authorized; rate of tax; manner of imposition; imposition of tax by both county and municipality located within county.
Article 5
Sales by the Drink.
Part 1
AUTHORIZATION.
3-4-90. Authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink generally; procedure.
3-4-91. Procedure for authorization of sale in counties and municipalities in which package sales lawful; procedure for nullifying prior approval and authorization of sales by the drink.
3-4-92. Procedure for authorization of sale in counties and municipalities in which package sales are not lawful; procedure for nullifying prior approval and authorization of sales by the drink.
3-4-93. Municipalities in wet counties.
Part 2
LICENSES.
3-4-110. Adoption of local rules and regulations governing issuance of licenses and conduct of licensees.
3-4-111. Sale by wholesalers to licensees; purchase by licensees from wholesalers; declaration of contraband.
3-4-111.1. Occupational license tax upon retail consumption dealers; annual payment; application.
Part 3
EXCISE TAXATION.
3-4-130. Imposition of tax by municipalities authorized; rate of tax.
3-4-131. Imposition of tax by counties authorized; rate of tax; taxation by both county and municipality located within county.
3-4-132. Manner of imposition, payment, and collection of tax.
3-4-133. Allowance and reimbursement to dealers collecting tax of percentage of tax due.
Article 6
Designation of Sales Territories
and Wholesalers for
Out-of-State
Brands.
3-4-150. Short title.
3-4-151. Purposes and policies.
3-4-152. Submission of labels; designation of sales territories and exclusive wholesale distributors; approval by commissioner.
3-4-153. Regulations.
Article 7
Sales by the Drink in Certain Municipalities; Withdrawal.
3-4-160. Municipalities in wet counties.
Article 8
Tastings.
3-4-180. Tastings of distilled spirits; definitions; general provisions; prohibited sales; administration [Repealed].
Administrative Rules and Regulations. - Wholesaler of distilled spirits, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-4.
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes. - 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.
JUDICIAL DECISIONS
Legislative intent. - It was intention of the legislature in passing Ga. L. 1937-38, Ex. Sess., p. 103, to provide that voters of any dry county should have the right to determine whether the county should remain dry or become wet, and that, regardless of how that election went, voters should have an opportunity, after expiration of two years, to again determine whether county should be wet or dry. Wharton v. State, 67 Ga. App. 545, 21 S.E.2d 258 (1942) (decided under former Ga. L. 1937-38, Ex. Sess., p. 103).
- - - - - - - - - -
ARTICLE 1 GENERAL PROVISIONS