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2018 Georgia Code 3-5-30 | Car Wreck Lawyer

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

3-5-30. Brewer-wholesaler relations - Purpose; intent; enforcement.

  1. Code Sections 3-5-31 through 3-5-34 are promulgated pursuant to the authority granted to the state under the provisions of the Twenty-first Amendment to the United States Constitution and specifically for the following purposes and policies:
    1. To prohibit unfair business practices and to prevent any one segment of the malt beverage industry to gain unfair advantage over the other segments;
    2. To foster vigorous and healthy interbrand competition in the malt beverage industry;
    3. To provide an orderly three-tier system for the distribution and sale of good quality malt beverages in the State of Georgia;
    4. To promote the public health, safety, and welfare of the people of the State of Georgia; and
    5. To provide a distribution system for malt beverages that will facilitate the collection and accountability of state and local excise taxes.
  2. The provisions of Code Sections 3-5-31 through 3-5-34 may not be varied by separate agreement and any such attempt shall be void and unenforceable as being violative of the public policy of this state.
  3. The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article.

(Code 1981, §3-5-30, enacted by Ga. L. 1983, p. 1214, § 2.)

JUDICIAL DECISIONS

Regulations consistent with statute permitted.

- Georgia Department of Revenue's regulations challenged by the two associations, regarding the distribution of malt beverages in Georgia, were not invalid on the ground that they were unauthorized since the regulations at issue were consistent with the various policies set out in O.C.G.A. § 3-5-30. Ga. Oilmen's Ass'n v. Ga. Dep't of Revenue, 261 Ga. App. 393, 582 S.E.2d 549 (2003).

Cases Citing Georgia Code 3-5-30 From Courtlistener.com

Total Results: 1

Georgia Department of Transportation v. Woodard

Court: Supreme Court of Georgia | Date Filed: 1985-07-02

Citation: 254 Ga. 587, 331 S.E.2d 557

Snippet: benefit. Charleston &c. R. Co. v. Hughes, 105 Ga. 1 (3-5) (30 SE 972) (1898); Dept. of Transp. v. Garrett, supra;