Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 3-5-31 — Brewer-wholesaler relations - License requirement for shippers of beer; application | Georgia Code
O.C.G.A. § 3-5-31 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

3-5-31. Brewer-wholesaler relations - License requirement for shippers of beer; application.

  1. No shipper shall be permitted to ship beer into the state without first obtaining a proper license from the commissioner in the manner provided in this title.
  2. In addition to the bond required in Code Section 3-5-25.1 and such other documentation required by the commissioner pursuant to this title, each shipper shall:
    1. Submit with his application one label for each brand of beer to be shipped for the first time by the shipper into the state;
    2. Designate in the application for registration sales territories for each of its brands sold in Georgia; and
    3. Name one licensed wholesaler in each territory who, within the territory, shall be the exclusive distributor of the brand within the territory.
  3. Designations of wholesalers or wholesalers' territories as provided in this Code section shall be initially approved by the commissioner and shall not be changed nor initially disapproved except for cause. The commissioner shall determine cause after a hearing under regulations promulgated by the commissioner for such purposes.

(Code 1981, §3-5-31, enacted by Ga. L. 1983, p. 1214, § 2.)

JUDICIAL DECISIONS

Exclusive distributor permitted.

- O.C.G.A. § 3-5-31(a) permitted the Georgia Department of Revenue to implement a regulation that named one licensed wholesaler in each sales territory who, within the territory, was the exclusive distributor of a brand of malt beverage within the sales territory, as the plain language of the statute permitted the department to do so. Ga. Oilmen's Ass'n v. Ga. Dep't of Revenue, 261 Ga. App. 393, 582 S.E.2d 549 (2003).

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.