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O.C.G.A. § 3-5-80 — Levy and amount of tax | Georgia Code
O.C.G.A. § 3-5-80 (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 4 EXCISE TAXATION

3-5-80. Levy and amount of tax.

Municipalities and counties permitting the sale of malt beverages shall impose an excise tax, in addition to the excise taxes levied by the state, as follows:

  1. Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $6.00 on each container sold containing not more than 15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 gallons;
  2. Where malt beverages are sold in bottles, cans, or other containers, except barrel or bulk containers, a tax of 5› per 12 ounces and a proportionate tax at the same rate on all fractional parts of 12 ounces.

(Ga. L. 1973, p. 328, § 1; Ga. L. 1974, p. 1447, § 1; Ga. L. 1976, p. 282, § 1; Code 1933, § 5A-4731, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 47; Ga. L. 1992, p. 6, § 3.)

JUDICIAL DECISIONS

Constitutionality.

- The classifications established in this section are reasonably related to purposes of this part; therefore, this part does not violate equal protection clauses of state and federal constitutions. State v. Golia, 235 Ga. 791, 222 S.E.2d 27 (1976).

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This Georgia Code resource is curated by this site's author, 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.