O.C.G.A. § 3-5-25.1 (2019)
License for manufacture of malt beverages - Bond required on application for license or renewal
The commissioner may require, in addition to other bonds required by this title, a bond to be filed with the application for a license or the renewal of a license, conditioned to pay all sums which may become due by the applicant to this state as taxes, license fees, or otherwise, by reason of or incident to, the operation of the business of the applicant and to comply with all the laws, rules, and regulations pertaining to malt beverages. The bond shall be in such form and in such amount approved by the commissioner, not to exceed $5,000.00 for brewers and $500.00 for retailers.
History
(Code 1933, § 5A-4510, enacted by Ga. L. 1981, p. 1269, § 44.)
Annotations
Law reviews. - For note, ‘‘Beer, Liquor, or a Little Bit of Both? Getting to the Bottom of Properly Classifying Flavored Malt Beverages in the United States and Australia,’’ see 39 Ga. J. Int’l & Comp. L. 471 (2011).
Administrative rules and regulations. - Malt beverage regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Chapter 560-2-7.
JUDICIAL DECISIONS 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 chapter. Due process not denied. - This chapter does not deprive petitioner of due process of law, but provides for privilege which may be granted or denied in discretion of local authorities. Tate v. Seymour,
181 Ga. 801, 184 S.E. 598 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73). The terms ‘‘malt beverage’’ and ‘‘beer’’ are, in effect, synonymous. Bilbo v. State, 73 Ga. App. 680, 37 S.E.2d 812 (1946); Turnbow v. State, 153 Ga. App. 479, 265 S.E.2d 832 (1980) (decided under former Ga. L. 1935, Ex. Sess., p. 73). Possession or sale of malt bever-
ages is not illegal, provided seller has been licensed. Carter v. State, 60 Ga. App. 758, 5 S.E.2d 244 (1939) (decided
under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL 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 chapter. Home brew is a malt beverage and its manufacture is subject to this chapter notwithstanding that the alcoholic content exceeds 6 percent by volume. 1962 Op. Att’y Gen. p. 297 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
Referendum for sale of beer. - There is no provision in this chapter for referendum relative to sale of beer in any county or municipality, and if such referendum is held it is not binding on governing authorities. 1952-53 Op. Att’y Gen. p. 457 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 7, 8, 9, 187, 317. 71 Am. Jur. 2d, State and Local Taxation, §§ 178 et seq., 309 et seq. C.J.S. - 48 C.J.S., Intoxicating Liquors, § 14.
ALR. - Test of intoxicating character of liquor, 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513. Criminal responsibility of husband for violation of liquor law by wife, 19 A.L.R. 136; 27 A.L.R. 312.
ARTICLE 1 GENERAL PROVISIONS