O.C.G.A.

O.C.G.A. § 3-5-27 (2019)

Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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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.

History

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

Annotations

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.