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2018 Georgia Code 3-5-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-5-4 Case Law from Google Scholar Amendments to OCGA 3-5-4

TITLE 3 ALCOHOLIC BEVERAGES

Section 5. Malt Beverages, 3-5-1 through 3-5-90.

ARTICLE 1 GENERAL PROVISIONS

3-5-4. Production of malt beverages in private residences; consumption; transportation and delivery; home-brew special events.

    1. Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
    2. The total quantity of malt beverages that may be produced in any private residence shall be as follows:
      1. Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
      2. Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;

        provided, however, that no more than 50 gallons shall be produced in a 90 day period.

  2. Except as provided for in subsections (d) and (e) of this Code section, malt beverages produced in compliance with this Code section may only be consumed at the residence where produced. Such malt beverages may only be consumed by persons of legal drinking age.
  3. Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer for use at home-brew special events in a quantity not to exceed 25 gallons, provided that such malt beverages are securely sealed in one or more containers and clearly labeled with the following information:
    1. The name of the producer;
    2. The address of the residence at which it was produced;
    3. The name and address of the home-brew special event to which it is being transported; and
    4. The permit number under which the home-brew special event is being held.

      If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

  4. Malt beverages produced under the provisions of this Code section may be removed from the residence where produced for transportation and delivery by the producer to a location not licensed under this title and for which a permit has not been issued pursuant to subsection (e) of this Code section; provided that not more than 128 ounces of such malt beverages produced in the same residence shall be transported at one time; and provided, further, that such malt beverages shall be securely sealed in one or more containers and clearly labeled with the following information:
    1. The name of the producer; and
    2. The address of the residence at which it was produced.

      If transported in a motor vehicle, the securely sealed containers shall be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk.

    1. Notwithstanding any other provision of this title to the contrary, in all counties and municipalities in which the sale of malt beverages is lawful, the local governing authority may issue a home-brew special event permit for the holding of home-brew special events, including contests, tastings, and judgings. Any governing authority desiring to allow home-brew special events to be held within its jurisdiction shall provide by resolution or ordinance for the issuance of home-brew special event permits and shall specify the events that shall qualify as home-brew special events. A home-brew special event permit shall cost $50.00 and shall be valid for not more than six events per calendar year.
    2. Home-brew special events shall not be held at any location licensed under this title.
    3. Consumption of malt beverages at home-brew special events shall be limited solely to malt beverages produced pursuant to this Code section, and such malt beverages shall only be consumed by the participants in and judges of the home-brew special events.
  6. Malt beverages produced pursuant to this Code section shall not be sold, offered for sale, or made available for consumption by the general public.

(Code 1981, §3-5-4, enacted by Ga. L. 1993, p. 537, § 1; Ga. L. 2013, p. 617, § 1/HB 99; Ga. L. 2014, p. 187, § 2/HB 737.)

Cases Citing Georgia Code 3-5-4 From Courtlistener.com

Total Results: 12

In THE MATTER OF TIMOTHY ORMAN MCCALEP (Two Cases)

Court: Supreme Court of Georgia | Date Filed: 2024-02-06

Snippet: 1.5, 1.15 (I) and (II), 1.16, 3.2, 3.5 (d), 5.3, 5.4, 5.5, 8.4 (a) (1) and (4), and 9.3 of the Georgia

Terrell v. State

Court: Supreme Court of Georgia | Date Filed: 2016-11-07

Citation: 300 Ga. 81, 793 S.E.2d 411, 2016 Ga. LEXIS 729

Snippet: hearsay exception formerly codified at OCGA § 24-3-5,4 asserting that the State failed to establish his

In re Minsk

Court: Supreme Court of Georgia | Date Filed: 2014-11-03

Citation: 296 Ga. 152, 765 S.E.2d 361, 2014 Ga. LEXIS 891

Snippet: Minsk had violated Rules 1.2,1.4,1.7, 3.1, 3.3, 3.5, 4.1, 4.4 and 8.4 of the Georgia Rules of Professional

in the Matter of Stephen L. Minsk

Court: Supreme Court of Georgia | Date Filed: 2014-11-03

Snippet: Minsk had violated Rules 1.2, 1.4, 1.7, 3.1, 3.3, 3.5, 4.1, 4.4 and 8.4 of the Georgia Rules of Professional

Mathis v. State

Court: Supreme Court of Georgia | Date Filed: 2013-10-21

Citation: 293 Ga. 837, 750 S.E.2d 308, 2013 Fulton County D. Rep. 3210, 2013 WL 5708054, 2013 Ga. LEXIS 872

Snippet: project shall be admissible against all.” OCGA § 24-3-5.4 In order for this exception to apply, the State

Braley v. City of Forest Park

Court: Supreme Court of Georgia | Date Filed: 2010-03-22

Citation: 692 S.E.2d 595, 286 Ga. 760, 2010 Fulton County D. Rep. 860, 2010 Ga. LEXIS 268

Snippet: "zoning ordinance" as defined by OCGA § 36-66-3(5).[4] That the ordinance regulates businesses *600 and

Bradshaw v. State

Court: Supreme Court of Georgia | Date Filed: 2008-11-25

Citation: 671 S.E.2d 485, 284 Ga. 675, 2008 Fulton County D. Rep. 3868, 2008 Ga. LEXIS 1022

Snippet: 13-702 (A) (5); Ark. Code. Ann. §§ 12-12-906 (f) (3), 5-4-401 (a) (4); Cal. Penal Code § 290.018 (b); Col

Fine v. Fine

Court: Supreme Court of Georgia | Date Filed: 2007-03-19

Citation: 642 S.E.2d 698, 281 Ga. 850, 2007 Fulton County D. Rep. 802, 2007 Ga. LEXIS 227

Snippet: (punctuation omitted), Bonner v. Smith, 226 Ga.App. 3, 5(4), 485 S.E.2d 214 (1997), i.e., by failing to appear

Walker v. Walker

Court: Supreme Court of Georgia | Date Filed: 2006-06-26

Citation: 631 S.E.2d 697, 280 Ga. 696, 2006 Fulton County D. Rep. 1934, 2006 Ga. LEXIS 460

Snippet: (Punctuation omitted.) Bonner v. Smith, 226 Ga.App. 3, 5(4), 485 S.E.2d 214 (1997). In Bonner, the party who

Bell v. State

Court: Supreme Court of Georgia | Date Filed: 2006-04-25

Citation: 629 S.E.2d 213, 280 Ga. 562, 2006 Fulton County D. Rep. 1361, 2006 Ga. LEXIS 240

Snippet: the defense of mistake of fact under OCGA § 16-3-5[4] was warranted based on his stated belief that he

In Re Whatley

Court: Supreme Court of Georgia | Date Filed: 2005-11-07

Citation: 621 S.E.2d 732, 279 Ga. 867, 2005 Fulton County D. Rep. 3350, 2005 Ga. LEXIS 759

Snippet: that John Clark Whatley VI violated Rules 1.15, 5.3, 5.4 and 5.5 of the Rules of Professional Conduct found

Harris v. State

Court: Supreme Court of Georgia | Date Filed: 2005-05-09

Citation: 612 S.E.2d 789, 279 Ga. 304, 2005 Fulton County D. Rep. 1432, 2005 Ga. LEXIS 345

Snippet: unless clearly erroneous. Hunt v. State, 279 Ga. 3, 5(4), 608 S.E.2d 616 (2005). Here, there is simply