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O.C.G.A. § 3-4-45 — Effect of majority vote in favor of package sales | Georgia Code

O.C.G.A. § 3-4-45 (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 3 LOCAL AUTHORIZATION AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES

3-4-45. Effect of majority vote in favor of package sales.

If a majority of the votes cast in a referendum election held pursuant to Code Section 3-4-41 are in favor of the issuance of licenses for the package sale of distilled spirits, then the package sale of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the date of the certification of the results by the election superintendent; otherwise, the issuance of licenses for the package sale of distilled spirits in the political subdivision shall be prohibited.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2307, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 28; Ga. L. 1983, p. 806, § 2; Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, substituted the present provisions of this Code section for the former provisions, which read: "If a majority of the votes cast are in favor of the issuance of the licenses, the manufacture, possession, distribution, and sale by the package of distilled spirits in the political subdivision shall be permitted in accordance with this chapter at the expiration of 15 days from the declaration of the results by the election superintendent.".

JUDICIAL DECISIONS

Injunction against lawfully operated liquor store as nuisance.

- Lawful operation of properly licensed package liquor store is an authorized business in those counties where a majority of qualified voters voting in an election for such purpose have approved the sale of liquor, and cannot be enjoined as a nuisance per se, since that which the law authorizes to be done, if done as the law authorizes, is not such a nuisance. Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946).

Commissioners have no power to completely prohibit sale of liquor in county once voters have decided to permit it. Trustees of Mtg. Trust of Am. v. Holland, 554 F.2d 237 (5th Cir. 1977).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 101, 102.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 81.

ALR.

- Change of "wet" or "dry" status fixed by local option election by change of name, character, or boundaries of voting unit, without later election, 25 A.L.R.2d 863.

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