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2018 Georgia Code 3-5-28 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-5-28 Case Law from Google Scholar Amendments to OCGA 3-5-28

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

3-5-28. Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers.

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.

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

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 regulation 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, § 39.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 42, 44, 95, 98, 226, 235.

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