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O.C.G.A. § 3-4-23 — Certificate of residence required for retail dealer's license; intention of Code section | Georgia Code
O.C.G.A. § 3-4-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 3 ALCOHOLIC BEVERAGES

Section 4. Distilled Spirits, 3-4-1 through 3-4-180.

ARTICLE 2 STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES

3-4-23. Certificate of residence required for retail dealer's license; intention of Code section.

  1. No retail dealer's license shall be issued to any person unless an application is filed with the commissioner, accompanied by a certificate by the judge of the probate court of the county of the applicant's residence certifying that the applicant has been a bona fide resident of the county or municipality for at least 12 months immediately preceding the application and is a resident of the county or municipality where distilled spirits may be legally sold under this chapter.
  2. It is the purpose and intention of this Code section to prevent the sale of distilled spirits in any county or municipality other than those where distilled spirits may be legally sold under this chapter.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 24; Ga. L. 1972, p. 207, § 10; Code 1933, § 5A-2504, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 32; Ga. L. 2006, p. 206, § 9/HB 1248.)

JUDICIAL DECISIONS

License to be in own name.

- Under the statutes, a person, firm, or corporation in this state cannot lawfully engage in liquor business by proxy or under the name of another, but any and all persons, firms, or corporations who desire to engage therein must first obtain a license so to do in their own name. Smith v. Nix, 206 Ga. 403, 57 S.E.2d 275 (1950).

OPINIONS OF THE ATTORNEY GENERAL

The word "or" (now "and") used in this section is construed to have a conjunctive, not a disjunctive, meaning; the county ordinary (now judge of probate court) where applicant resides must certify both that applicant has resided in particular county of state for the last 12 months and that county is wet. 1967 Op. Att'y Gen. No. 67-313.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 141, 157.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 95, 106, 151.

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