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2018 Georgia Code 3-5-42 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-5-42 Case Law from Google Scholar Amendments to OCGA 3-5-42

TITLE 3 ALCOHOLIC BEVERAGES

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

ARTICLE 3 LOCAL LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE

3-5-42. Requirement and issuance of municipal licenses generally; requirement by county of license for business licensed by municipality.

  1. If any business allowed under this chapter is proposed to be carried on within the corporate limits of a municipality, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the municipality, 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.
  2. When any of the businesses described in this Code section are licensed by the municipal governing authority, no county license fee shall be required by the county governing authority.

(Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4302, enacted by Ga. L. 1980, p. 1573, § 1.)

JUDICIAL DECISIONS

Construction.

- 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).

A case to reissue revoked annual license becomes moot upon date of expiration thereof. Stover v. City Council, 220 Ga. 670, 141 S.E.2d 399 (1965).

State not only must allege but also must 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).

OPINIONS OF THE ATTORNEY GENERAL

Effect of referendum on right of governing authorities to issue licenses.

- Former Code 1933, §§ 58-716 and 58-717 (see now O.C.G.A. §§ 3-5-41 and 35-42), gave municipal or county authorities the right to issue licenses for sale of malt beverages; it was 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.

Dual taxation is not permissible 1963-65 Op. Att'y Gen. p. 451.

Person who procures proper license from governing authorities of municipality may legally sell beer in such municipality notwithstanding fact that county is dry. 1952-53 Op. Att'y Gen. p. 218.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, § 224. 57 Am. Jur. 2d, Municipal, School, and State Tort Liability, § 216.

14C Am. Jur. Pleading and Practice Forms, Intoxicating Liquors, § 18.

C.J.S.

- 48 C.J.S., Intoxicating Liquors, §§ 30, 40, 95, 99, 101 et seq.

ALR.

- Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.

Cases Citing Georgia Code 3-5-42 From Courtlistener.com

Total Results: 1

Allen v. City of Atlanta

Court: Supreme Court of Georgia | Date Filed: 1963-05-29

Citation: 131 S.E.2d 549, 219 Ga. 65, 1963 Ga. LEXIS 368

Snippet: SE2d 450); Deriso v. Castleberry, 202 Ga. 174 (3, 5) (42 SE2d 356). Hence, upon careful examination of