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Call Now: 904-383-7448If any business allowed under this chapter is proposed to be carried on within the unincorporated area of a county, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution outside of any incorporated municipality.
(Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4303, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 42.)
- This section clearly states that the proper governing body to issue a license within corporate limits of municipality is governing body of municipality and that governing body of county is limited in its authority to issue licenses to unincorporated areas of county. Hudon v. North Atlanta, 108 Ga. App. 370, 133 S.E.2d 58 (1963).
- County authorities have no right to exact from traveling salesperson a license fee under this section. Traveling salesperson of wholesaler located in another county, which has no place of business in county seeking to tax salesperson, is not a "business located" in county where sales are made by traveling salespersons. Gaissert v. State, 186 Ga. 599, 198 S.E. 675 (1938).
One who sells beer without having obtained a license from county governing authority is in violation of this section. Elder v. Stark, 200 Ga. 452, 37 S.E.2d 598 (1946).
- With respect to a place in county neither in municipality nor within limits of incorporated town, governing authority of county is only government authority which can lawfully issue license to sell beer. Elder v. Stark, 200 Ga. 452, 37 S.E.2d 598 (1946).
State not only must allege but also prove that defendant had no license to sell beer in prosecution for selling without license. Cheek v. State, 98 Ga. App. 874, 107 S.E.2d 247 (1959).
- A county may require a wholesale beer dealer to obtain a county wholesale beer license if the dealer is "doing business" in the county, notwithstanding the fact that the dealer may have its principal place of business located in another county. 1987 Op. Att'y Gen. No. U87-3.
Local governments are not empowered to require licensing of wholesalers of alcoholic beverages that take orders for sales and make deliveries of alcoholic beverages within those local governments, but do not have locations or offices within the boundaries of those local governments. 2017 Op. Att'y Gen. No. U17-2.
- Ga. L. 1935, p. 73, § 7 (see now O.C.G.A. §§ 3-5-41 and3-5-42), give municipal or county authorities the right to issue licenses for sale of malt beverages; it is solely within the discretion of such governing authorities to issue or not to issue a license, and an election called to determine if the sale of malt beverages should be allowed or prohibited would have no legal effect upon such governing authorities. 1950-51 Op. Att'y Gen. p. 362.
- County commissioners of any county have a right to pass a resolution authorizing sale of malt beverages in the county and to fix an annual license fee therefor; the only recourse to prevent the sale would be election of county commissioners who were opposed to legalized sale of malt beverages in the county. 1958-59 Op. Att'y Gen. p. 205.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 146, 147.
- 48 C.J.S., Intoxicating Liquors, §§ 30, 40, 95, 99, 101 et seq.
- Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.
No results found for Georgia Code 3-5-41.