O.C.G.A.
O.C.G.A.

O.C.G.A. § 3-4-40 (2019)

Requirement as to approval by referendum elections of issuance of licenses generally

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.

History

Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485. The 2017 amendment, effective May 9, 2017, in this Code section, substituted ‘‘Licenses for the package sale of distilled

spirits shall be’’ for ‘‘Licenses provided for in this article are’’ near the beginning and substituted ‘‘by a referendum election’’ for ‘‘by referendum’’ near the end.

Annotations

Law reviews. - For comment on Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946), see 9 Ga. B. J. 325 (1947).

JUDICIAL DECISIONS Limits of governing authority’s discretion after vote for legalization. - Where a county or municipality has voted in favor of legalizing sale of distilled spirits, the governing authority of county or municipality is vested with wide discre-

tion in regulation of authorized businesses, but it is not authorized to prohibit such businesses and refuse to exercise its discretion. Stephens v. Moran, 221 Ga. 4, 142 S.E.2d 845 (1965).

OPINIONS OF THE ATTORNEY GENERAL Municipal citizens voting in county-wide elections. - Registered and qualified voters in municipal elections may sign petitions and vote in both municipal and county elections held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on the unincorporated areas of the county. 1985 Op. Att’y Gen. No. U85-48. Legislative intent. - The purpose of this section is to prohibit the collection of a license or tax levied on manufacture,

sale, and distribution of distilled spirits and alcohol as authorized by this law in those counties which have not voted in favor of taxing and controlling alcoholic beverages and liquors. 1945-47 Op. Att’y Gen. p. 377. Holding elections as to mixed drinks at same time as other elections. - Election as to mixed drinks provided for in Ga. L. 1964, p. 771 may not be held in conjunction with any other election. 1972 Op. Att’y Gen. No. U72-81.

RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 58 et seq., 63 et seq., 347.

C.J.S. - 48 C.J.S., Intoxicating Liquors, § 104 et seq.