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2018 Georgia Code 3-7-43 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 3-7-43 Case Law from Google Scholar Amendments to OCGA 3-7-43

TITLE 3 ALCOHOLIC BEVERAGES

Section 7. Sale of Distilled Spirits by Private Clubs, 3-7-1 through 3-7-61.

ARTICLE 3 LOCAL AUTHORIZATION AND REGULATION

3-7-43. Issuance of alcoholic beverage licenses to private clubs by governing authorities of certain counties and municipalities; privileges conferred by licenses; rules and regulations; sale by wholesalers to licensees.

  1. As used in this Code section, the term "bona fide private club" shall be defined as provided in Code Section 3-7-1.
  2. The governing authority of each county having a population of not less than 36,800 nor more than 36,990 according to the United States decennial census of 1980 or any future such census in which the sale of alcoholic beverages is lawful and the governing authority of each municipality in which the sale of alcoholic beverages is lawful in each such county may issue, through proper resolution or ordinance, alcoholic beverage licenses to bona fide private clubs.
  3. The licenses provided for in this Code section shall authorize the sale of alcoholic beverages by the drink for consumption only on the premises where sold.
  4. Every such governing authority may adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of such licenses and may promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this Code section, including, but not limited to, the regulation of the hours when alcoholic beverages may be served, the types of employees, and other matters which may fall within the police powers of such counties and municipalities.
  5. Those persons who are duly licensed as wholesalers under this title shall be authorized to sell alcoholic beverages at wholesale prices to any person or persons licensed as provided in this Code section. Any person licensed under this Code section may purchase alcoholic beverages from a licensed wholesaler at wholesale prices.

(Code 1933, § 5A-6121, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1982, p. 511, §§ 1, 2; Ga. L. 1983, p. 3, § 4; Ga. L. 1984, p. 22, § 3.)

JUDICIAL DECISIONS

O.C.G.A. § 3-7-43 is unconstitutional as a special law in conflict with existing general law. Regency Club v. Stuckey, 253 Ga. 583, 324 S.E.2d 166 (1984).

RESEARCH REFERENCES

ALR.

- Validity of statutory classifications based on population - intoxicating liquor statutes, 100 A.L.R.3d 850.

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