O.C.G.A.
O.C.G.A.

O.C.G.A. § 3-5-28 (2019)

Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers

✓ 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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All malt beverages sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer who is designated to deal in the brands of malt beverages sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The malt beverages so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued.

History

Ga. L. 1950, p. 185, § 1; Code 1933, § 5A-4505, enacted by Ga. L. 1980, p. 1573, § 1.

Annotations

JUDICIAL DECISIONS Transportation of malt beverages. - Contrary to the argument of the two associations, O.C.G.A. § 3-5-28 prohibited a retailer from picking up malt beverages at the wholesaler’s premises; thus, the Georgia Department of Revenue’s reg-

ulation that required a retailer to take delivery of alcoholic beverages only at its place of business was not in conflict with the statute and was not invalid. Ga. Oilmen’s Ass’n v. Ga. Dep’t of Revenue, 261 Ga. App. 393, 582 S.E.2d 549 (2003).

OPINIONS OF THE ATTORNEY GENERAL Relinquishment of damaged cans by distributor to licensed or unlicensed carrier. - Georgia beer distributors do not have standing to sue for refund of beer tax paid on cans of beer subsequent to transfer of title from brewer to distributor; distributor, however, may

relinquish damaged cans to carrier for claims salvage regardless of whether carrier has retail beer license, provided carrier does not resell damaged cans of beer. Such relinquishment to carrier is a sale within meaning of general law. 1970 Op. Att’y Gen. No. U70-162.

RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 102, 201, 209. C.J.S. - 48 C.J.S., Intoxicating Li-

quors, §§ 78, 160, 404, 425 et seq., 440, 441.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Georgia Oilmen's Ass'n v. Dep't of Revenue, 582 S.E.2d 549 (Ga. Ct. App. 2003).
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Georgia Oilmen's Ass'n v. Dep't of Revenue, 582 S.E.2d 549 (Ga. Ct. App. 2003). · cites it 8× “10, which effectively require the wholesaler to deliver all malt beverages to the retailer’s establishment, are invalid because: (i) they conflict with OCGA § 3-5-28 and (ii) they are unreasonable.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.