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O.C.G.A. § 3-5-27 — Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband | Georgia Code

O.C.G.A. § 3-5-27 (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

3-5-27. Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband.

Any malt beverage possessed, sold, or offered for sale by a retail dealer which was purchased or otherwise acquired from any person other than a wholesale dealer authorized to do business under this chapter is declared to be contraband and shall be seized by the commissioner or the appropriate local authorities and disposed of by the commissioner in the manner provided in this title.

(Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4504, enacted by Ga. L. 1980, p. 1573, § 1.)

JUDICIAL DECISIONS

County sheriff is "appropriate local authority"

- The reference to "appropriate local authorities" does not appear to vest the power of seizure in a county commissioner, but rather to vest the power of seizure in the person who is traditionally responsible for the enforcement of the laws of a county - the county sheriff. Scoggins v. Moore, 579 F. Supp. 1320 (N.D. Ga.), aff'd, 747 F.2d 1466 (11th Cir. 1984).

RESEARCH REFERENCES

ALR.

- Constitutionality of statute making unlawful possession of intoxicating liquor legally obtained or providing for its confiscation, 37 A.L.R. 1386.

Constitutionality of statute providing for confiscation or destruction, without notice, of intoxicating liquors, and vehicles or other property used in connection with same, 45 A.L.R. 93.

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