O.C.G.A.

O.C.G.A. § 3-5-30 (2019)

Brewer-wholesaler relations - Purpose; intent; enforcement

✓ 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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(a) 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.

(b) 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.

(c) The commissioner shall have the authority to promulgate such regulations as are consistent with the stated policies of this article.

History

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

Annotations

JUDICIAL DECISIONS Regulations consistent with statute permitted. - Georgia Department of Revenue’s regulations challenged by the two associations, regarding the distribu-

tion 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 pol-

icies 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).

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 2× “7 OCGA § 3-5-30 also authorizes the promulgation of regulations consistent with various policies set out in that statute.”

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.