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O.C.G.A. § 3-5-23 — License for manufacture of malt beverages - Grounds and procedure for revocation generally | Georgia Code
O.C.G.A. § 3-5-23 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 3 ALCOHOLIC BEVERAGES

Section 5. Malt Beverages, 3-5-1 through 3-5-90.

ARTICLE 2 STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE

3-5-23. License for manufacture of malt beverages - Grounds and procedure for revocation generally.

  1. No license issued by the state or by any other duly authorized licensing authority to any person for the manufacture of malt beverages shall be revoked except for due cause.
  2. Due cause for the revocation of a brewer's license shall consist only of violation of the laws regulating the manufacture of malt beverages and of regulations made pursuant to authority lawfully granted for the purpose of regulating the manufacture of malt beverages.

(Ga. L. 1955, p. 657, § 1; Code 1933, § 5A-4507, enacted by Ga. L. 1980, p. 1573, § 1.)

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1935, Ex. Sess., p. 73 are included in the annotations for this Code section.

JUDICIAL DECISIONS

Effect of section on rule that selling beer is privilege.

- This section, which is limited in its scope to revocation of licenses pertaining to manufacture of malt beverages, does not modify rule that business of selling beer at wholesale or retail is a privilege under laws of this state. Lewis v. City of Smyrna, 214 Ga. 323, 104 S.E.2d 571 (1958) (decided under former Ga. L. 1935, Ex. Sess., p. 73).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 177, 186 et seq.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, § 162 et seq.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.