O.C.G.A.

O.C.G.A. § 3-9-12 (2019)

Source of beverages sold; taxes

✓ 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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All alcoholic beverages sold pursuant to this article shall be subject to all state and local taxes imposed on alcoholic beverages and shall be purchased from a licensed wholesaler.

History

Code 1981, § 3-9-12, enacted by Ga. L. 1986, p. 778, § 1.

3-9-13. In-room service sales in dry areas prohibited. Nothing in this article shall be construed to authorize the sale of alcoholic beverages through in-room service in any county or municipality in which the sale of alcoholic beverages both by the package and by the drink is prohibited. History. - Code 1981, § 3-9-13, enacted by Ga. L. 1986, p. 778, § 1.

CHAPTER 10 SALE OR POSSESSION OF DISTILLED SPIRITS IN DRY COUNTIES AND MUNICIPALITIES Sec.

Sec. Scope of chapter. Sale, exchange, or other possession of distilled spirits. Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution. Quantities of distilled spirits which may be lawfully possessed. Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits. Forfeiture of rights of lessee or tenant where unlawful act performed upon premises with lessee’s or tenant’s knowledge or permission. Transportation or shipment of distilled spirits for sale or use in violation of title; exceptions for possession for personal use and transportation through counties or municipalities. Common nuisances - Defined; institution of quo warranto proceedings against clubs or associations maintaining nuisances. Common nuisances - Proceed-

Annotations

Cross references. - Special elections in counties and municipalities pertaining

ings for abatement of nuisances. Existence of property rights in distilled spirits or vessels kept or used in violation of chapter; contraband. Contraband apparatus and appliances; existence of property rights therein; summary destruction of contraband; governing procedure for forfeiture of vehicles, boats, and vessels. Raw materials or substances, fixtures, implements, or apparatus used or intended for use in unlawful distillation or manufacture of distilled spirits declared contraband; property rights in contraband; governing procedures for seizure and forfeiture. Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs. Evidence as to color, odor, appearance, and taste of beverage manufactured, sold, or disposed of by defendant; burden of proof when defendant claims beverage not a distilled spirit. Penalty for violations of provisions of chapter.

to prohibition of package sale of distilled spirits, § 3-4-40 et seq.

RESEARCH REFERENCES ALR. - Test of intoxicating character of liquor, 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513. Criminal responsibility of husband for violation of liquor law by wife, 19 A.L.R. 136; 27 A.L.R. 312. Constitutionality, construction, and ef-

fect of statute making possession of intoxicating liquor evidence of violation of law, 31 A.L.R. 1222. Rights and protection of innocent persons where property in which they are interested is seized because of its illegal use in connection with intoxicating liquor,

47 A.L.R. 1055; 61 A.L.R. 551; 73 A.L.R. 1087; 82 A.L.R. 607; 124 A.L.R. 288. Operation and effect, in dry territory, of general state statute making sale or possession for sale of intoxicating liquor, without a license, an offense, 8 A.L.R.2d 750. What constitutes injury to means of support within civil damage or dramshop act, 4 A.L.R.3d 1332. Liability, under dramshop acts, of one who sells or furnishes liquor otherwise than in operation of regularly established liquor business, 8 A.L.R.3d 1412. Criminal liability for death resulting from unlawfully furnishing intoxicating liquor or drugs to another, 32 A.L.R.3d 589. Construction of statute or ordinance

making it an offense to possess or have alcoholic beverages in opened package in motor vehicle, 35 A.L.R.3d 1418. Validity of statute or ordinance making it an offense to consume or have alcoholic beverages in open package in motor vehicle, 57 A.L.R.3d 1071. Contributory negligence allegedly contributing to cause of injury as defense in Civil Damage Act proceeding, 64 A.L.R.3d 849. Proof of causation of intoxication as a prerequisite to recovery under Civil Damage Act, 64 A.L.R.3d 882. Liability of one who furnishes liquor to another for consumption by third parties, for injury caused by consumer, 64 A.L.R.3d 922.