O.C.G.A.

O.C.G.A. § 3-6-4 (2019)

Removal of partially consumed bottle of wine from premises

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Notwithstanding any other contrary provision of law, any restaurant which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal and consumed a portion of the bottle of wine which has been purchased on the premises with such meal on the restaurant’s premises. A partially consumed bottle of wine that is to be removed from the

premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine 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.

History

Code 1981, § 3-6-4, enacted by Ga. L. 2008, p. 834, § 1/SB 55.

Annotations

Cross references. - Consumption of

alcoholic beverage or possession of open container of alcoholic beverage in passenger area of motor vehicle, § 40-6-253.

OPINIONS OF THE ATTORNEY GENERAL Construction with other law. - The enforcement provisions of O.C.G.A. § 40-6-253 remain in effect, including for bottles of wine resealed pursuant to O.C.G.A. § 3-6-4; the 2008 changes in the

law were not intended to and did not authorize carrying open alcoholic beverage containers in the passenger area of vehicles. 2008 Op. Att’y Gen. No. 2008-7.

ARTICLE 2 STATE LICENSE REQUIREMENTS AND REGULATIONS FOR DISTRIBUTION AND SALE Cross references. - Occupational taxes generally, T. 48, C. 13.