2018 Georgia Code Annotated
TITLE 3
ALCOHOLIC BEVERAGES
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1. General Provisions, 3-1-1 through 3-1-5.
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2. State Administration and Enforcement, 3-2-1 through 3-2-36.
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3. Regulation of Alcoholic Beverages Generally, 3-3-1 through 3-3-46.
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4. Distilled Spirits, 3-4-1 through 3-4-180.
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5. Malt Beverages, 3-5-1 through 3-5-90.
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6. Wine, 3-6-1 through 3-6-71.
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7. Sale of Distilled Spirits by Private Clubs, 3-7-1 through 3-7-61.
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8. Sale of Alcoholic Beverages at Publicly Owned Facilities, 3-8-1 through 3-8-6.
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9. Sale of Alcoholic Beverages by Passenger Carriers, Nonprofit Organizations, and Hotels and Motels, 3-9-1 through 3-9-13.
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10. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities, 3-10-1 through 3-10-15.
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11. Sales Off Premises for Catered Functions, 3-11-1 through 3-11-5.
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12. Residential Community Development Districts, 3-12-1 through 3-12-3.
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13. Sale of Alcoholic Beverages by Regional Economic Assistance Project, 3-13-1 through 3-13-4.
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14. Special Event Use Permits, 3-14-1.
Chapter 1. General Provisions, 3-1-1 through 3-1-5.
Chapter 2. State Administration and Enforcement, 3-2-1 through 3-2-36.
Article 1
Administration.
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3-2-1. Powers and duties of commissioner generally; delegation of administrative duties.
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3-2-2. Promulgation of rules and regulations generally; forms.
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3-2-3. Powers and duties of commissioner as to denial, suspension, or cancellation of licenses or permits generally; promulgation of rules and regulations as to conversion of standards of measurement to English system and labeling of distilled spirits.
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3-2-3.1. Power of commissioner to permit importation of distilled spirits or alcohol into counties and municipalities; taxation of such distilled spirits and alcohol.
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3-2-4. Sale, distribution, or other dealing in alcoholic beverages by employees, agents, or officers of department prohibited; exemption.
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3-2-5. Collection of taxes under title; issuance of licenses.
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3-2-6. Establishment and operation of reporting system for collection of taxes on malt beverages, distilled spirits, and wines; applicability to reporting system of provisions of law relating to revenue stamps.
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3-2-7. Expiration and renewal of licenses generally; continuation of operations by licensee pending final approval or disapproval of application for renewal; penalty for late application for renewal; temporary permits.
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3-2-8. Availability of records for public inspection; collection of fee for special requests for preparation of information.
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3-2-9. Requirements as to reports to be made to commissioner.
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3-2-10. Disposition of taxes, penalties, interest, and fees.
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3-2-11. Penalties for failure to file reports or returns or to pay tax or fee; procedure for assessment of taxes due, penalties, and interest.
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3-2-12. Waiver of penalties by commissioner.
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3-2-13. Issuance of refunds or credits for taxes paid.
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3-2-14. Limitations on credit; application; action for recovery of credit; setoff of unpaid taxes against credit.
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3-2-15. Promulgation of rules and regulations governing advertising of distilled spirits.
Article 2
Enforcement.
Chapter 3. Regulation of Alcoholic Beverages Generally, 3-3-1 through 3-3-46.
Article 1
General Provisions.
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3-3-1. Declaration of business of manufacturing, selling, and other dealings in alcoholic beverages as privilege subject to regulatory requirements.
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3-3-2. Powers of local governing authorities as to granting, refusal, suspension, or revocation of licenses generally; due process guidelines; fingerprints.
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3-3-2.1. Notice to revenue department by county or municipality of violations concerning sale of alcoholic beverages to underage persons.
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3-3-2.2. Maximum fine for violations of local alcoholic beverages licensing ordinances.
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3-3-3. Licenses required to distribute, sell, or otherwise deal in alcoholic beverages; display of licenses.
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3-3-4. Exemptions from license fees or taxes.
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3-3-5. Sale of alcoholic beverages not complying with federal requirements as to quality or purity or standards adopted by commissioner.
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3-3-6. Maintenance of records as to manufacture, purchase, or sale of alcoholic beverages by manufacturers, importers, or dealers; disposal of records.
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3-3-7. Local authorization and regulation of sales of alcoholic beverages on Sunday.
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3-3-8. Possession and transportation of lawfully purchased alcoholic beverages upon which taxes have not been paid in this state.
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3-3-9. Penalty for violations of prohibitions in chapter.
Article 2
Prohibited Acts.
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3-3-20. Sale of alcoholic beverages on Sundays, election days, and Christmas Day.
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3-3-21. Sales of alcoholic beverages near churches, school buildings, or other sites.
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3-3-21.1. Possession of alcoholic beverages on the grounds of a public school.
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3-3-22. Sale or furnishing of alcoholic beverages to intoxicated persons.
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3-3-23. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; identification; serving, selling, or handling by persons under 21 years of age in the course of employment; seller's receipt of false identification; immunity for seeking medical assistance for alcohol related overdose.
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3-3-23.1. Procedure and penalties upon violation of Code Section 3-3-23.
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3-3-24. Dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age.
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3-3-24.1. "Bouncer" defined; admission of under 21 year olds into bar.
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3-3-24.2. Posting of laws regarding sale of alcoholic beverages to underage persons.
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3-3-25. Sale of or furnishing alcoholic beverages to prisoners or inmates of places of confinement; introduction or possession of alcoholic beverages at Georgia War Veterans Home.
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3-3-26. Allowing or permitting of breaking of packages or drinking of contents thereof on premises.
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3-3-27. Unlawful manufacture, transportation, receipt, possession, sale, or distribution of alcoholic beverages; failure to file proper reports, bonds or pay fees; declaration of apparatus used in unlawful manufacture of alcoholic beverages as contraband; penalties.
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3-3-27.1. Report to the commissioner of alcoholic beverages transported into this state.
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3-3-28. Reuse, counterfeiting, or forging of tax stamps [Repealed].
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3-3-29. Possession, sale, or purchase of distilled spirits for which taxes not paid.
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3-3-30. Storage and distribution of alcoholic beverages by corporations granted the privilege of establishing, operating, and maintaining foreign trade zones.
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3-3-31. Legislative findings.
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3-3-32. Shipment of alcoholic beverages into state by nonresident, without license, who is in business of selling alcoholic beverages in another state.
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3-3-33. Vaporized form of alcoholic beverages and alcohol vaporizing devices prohibited.
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3-3-34. "Powdered alcohol" defined; prohibition; exception; penalty.
Article 3
Prohibited Conduct on Licensed Premises.
Chapter 4. Distilled Spirits, 3-4-1 through 3-4-180.
Article 1
General Provisions.
Article 2
State License Requirements and
Regulations for Manufacture,
Distribution, and Package
Sales.
Article 3
Local Authorization and Regulations
for Manufacture, Distribution,
and Package Sales.
Article 4
Excise Taxation.
Part 1
Part 2
LOCAL.
Article 5
Sales by the Drink.
Part 1
AUTHORIZATION.
Part 2
LICENSES.
Part 3
EXCISE TAXATION.
Article 6
Designation of Sales Territories
and Wholesalers for
Out-of-State
Brands.
Article 7
Sales by the Drink in Certain Municipalities; Withdrawal.
Article 8
Tastings.
Administrative Rules and Regulations. - Wholesaler of distilled spirits, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Subject 560-2-4.
Chapter 5. Malt Beverages, 3-5-1 through 3-5-90.
Article 1
General Provisions.
Article 2
State License Requirements and
Regulations for Manufacture,
Distribution, and Sale.
Article 3
Local License Requirements and Regulations for Manufacture, Distribution, and Sale.
Article 4
Excise Taxation.
Part 1
STATE.
Part 2
LOCAL.
Part 3
EXEMPTIONS.
Chapter 6. Wine, 3-6-1 through 3-6-71.
Article 1
General Provisions.
Article 2
State License Requirements and
Regulations for Distribution
and Sale.
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3-6-20. Levy and amount of state occupational tax; application for license.
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3-6-21. Filing of bonds by applicants for licenses generally; waiver of bond requirement.
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3-6-21.1. Licensing of farm wineries to engage in retail and wholesale sales; surety bond; excise taxes.
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3-6-21.2. Sunday sales on farm wineries; off-site sales; sales in "special entertainment districts."
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3-6-21.3. Sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises.
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3-6-21.4. Routes and signage for the Georgia Wine Highway.
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3-6-21.5. Production of fortified wine.
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3-6-22. Requirement of license for shipment of wines into state; contents of application; accompanying documents and labels; approval of wholesalers and wholesalers' territories by commissioner.
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3-6-23. Persons to whom wine may be sold by wholesale dealers.
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3-6-24. Preparation and retention of invoices of sales by wholesale dealers.
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3-6-25. Wine acquired by retail dealers from persons other than licensed wholesale dealers declared contraband.
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3-6-25.1. Display of advertisement or information regarding prices of wine in visible places; sales below cost prohibited; exceptions authorized.
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3-6-26. Delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers.
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3-6-26.1. Requirement as to possession of invoices or delivery tickets when transporting wine upon which taxes not paid; seizure as contraband when transported without invoices or delivery tickets.
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3-6-27. Registration of agents, representatives, salesmen, and employees of manufacturers, importers, producers, or brokers.
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3-6-28. Wine to be in containers specified; standards of fill for wine; exemptions from requirements as to container size.
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3-6-29. Content requirements for wines manufactured by domestic and farm wineries; rules and regulations [Repealed].
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3-6-30. Creation of limited exceptions.
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3-6-31. Special order shipping license requirements and regulations.
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3-6-32. Shipment of wine by winery to consumers; circumstances.
Article 3
Local License Requirements.
Article 4
Excise Taxation.
Part 1
STATE.
Part 2
LOCAL.
Part 3
EXEMPTIONS.
Chapter 7. Sale of Distilled Spirits by Private Clubs, 3-7-1 through 3-7-61.
Article 1
General Provisions.
Article 2
State Authorization and Regulation.
Article 3
Local Authorization and Regulation.
Article 4
Local Excise Taxation.
Chapter 8. Sale of Alcoholic Beverages at Publicly Owned Facilities, 3-8-1 through 3-8-6.
Chapter 9. Sale of Alcoholic Beverages by Passenger Carriers, Nonprofit Organizations, and Hotels and Motels, 3-9-1 through 3-9-13.
Article 1
Public Carriers; Nonprofit Organizations.
Article 2
Hotels and Motels.
Chapter 10. Sale or Possession of Distilled Spirits in Dry Counties and Municipalities, 3-10-1 through 3-10-15.
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3-10-1. Scope of chapter.
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3-10-2. Sale, exchange, or other possession of distilled spirits.
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3-10-3. Keeping of distilled spirits in building not exclusively used for dwelling deemed prima-facie evidence of possession for sale or distribution.
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3-10-4. Quantities of distilled spirits which may be lawfully possessed.
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3-10-5. Allowing use of premises for unlawful sale, manufacture, or other disposition of distilled spirits.
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3-10-6. Forfeiture of rights of lessee or tenant where unlawful act performed upon premises with lessee's or tenant's knowledge or permission.
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3-10-7. 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.
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3-10-8. Common nuisances - Defined; institution of quo warranto proceedings against clubs or associations maintaining nuisances.
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3-10-9. Common nuisances - Proceedings for abatement of nuisances.
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3-10-10. Existence of property rights in distilled spirits or vessels kept or used in violation of chapter; contraband.
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3-10-11. Contraband apparatus and appliances; existence of property rights therein; summary destruction of contraband; governing procedure for forfeiture of vehicles, boats, and vessels.
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3-10-12. 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.
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3-10-13. Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs.
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3-10-14. 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.
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3-10-15. Penalty for violations of provisions of chapter.
Chapter 11. Sales Off Premises for Catered Functions, 3-11-1 through 3-11-5.
Chapter 12. Residential Community Development Districts, 3-12-1 through 3-12-3.
Chapter 13. Sale of Alcoholic Beverages by Regional Economic Assistance Project, 3-13-1 through 3-13-4.
Chapter 14. Special Event Use Permits, 3-14-1.