O.C.G.A.
O.C.G.A.

O.C.G.A. § 3-6-40 (2019)

Requirement by counties or municipalities of licenses for manufacture, distribution, or sale of wine; effect of revocation of license issued by commissioner or by county or municipality upon license issued by other

✓ 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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(a) Except as otherwise provided in this Code section, the businesses of manufacturing, distributing, and selling wine at wholesale or retail shall not be conducted in any county or incorporated municipality of this state without a license from the governing authority of the county or municipality. A farm winery, as defined in Code Section 3-6-21.1, which is qualified and licensed by the state shall need no county or municipal license to manufacture wine or to distribute such wine at wholesale in accordance with this chapter if the farm winery has given to the municipal or county governing authority 60 days’ written notice of its intention to commence operations in the county or municipality and the county or municipal governing authority has not within said 60 day period adopted a resolution prohibiting the farm winery from commencing operations in the county or municipality without a local license.

(b) When any county or municipal license issued pursuant to this Code section is revoked by the governing authority of such county or municipality, any similar wine license issued to the same person by the commissioner pursuant to this chapter shall automatically become invalid in the county or municipality in which the license was revoked.

(c) When any state wine license issued pursuant to this chapter is revoked by the commissioner, any similar wine license issued to the same person by any county or municipality of this state shall automatically become invalid.

History

Code 1933, § 58-811, enacted by Ga. L. 1977, p. 1316, § 1; Code

1933, § 5A-5301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1984, p. 1142, § 2.

Annotations

JUDICIAL DECISIONS Constitutionality. - O.C.G.A. §§ 3-5-40 and 3-6-40, which grant municipalities power regarding licensing and sale of malt beverages and wine without resort to public referendum, are not un-

constitutional on ground that they arbitrarily remove from the public the right to have a referendum on such sales. Newsome v. City of Union Point, 249 Ga. 434, 291 S.E.2d 712 (1982).

RESEARCH REFERENCES Am. Jur. 2d. - 45 Am. Jur. 2d, Intoxicating Liquors, §§ 94, 105, 109, 122.

C.J.S. - 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.

ARTICLE 4 EXCISE TAXATION

Cross references. - Sales and use taxes, T. 48, C. 8.

PART 1 STATE