(1) An entertainment facility license may be issued to an entertainment facility selling alcohol beverages by the drink only to customers for consumption on the premises. An entertainment facility licensee shall have sandwiches and light snacks available for consumption on the licensed premises during business hours but need not have meals available for consumption.
(2) (a) An entertainment facility licensed to sell alcohol beverages as provided in this section shall purchase alcohol beverages only from a wholesaler licensed pursuant to this article 3; except that, during a calendar year, an entertainment facility licensed to sell alcohol beverages as provided in this section may purchase not more than seven thousand dollars' worth of malt, vinous, and spirituous liquors from retailers licensed pursuant to sections 44-3-409, 44-3-410, and 44-4-104 (1)(c). On January 1, 2025, and each January 1 thereafter, the state licensing authority shall adjust the purchase limitation specified in this subsection (2)(a) for inflation and shall publish the adjusted purchase limitation amount on the liquor enforcement division's website.
(b) An entertainment facility licensee shall retain evidence of each purchase of malt, vinous, or spirituous liquors from a retailer licensed pursuant to section 44-3-409, 44-3-410, or 44-4-104 (1)(c), in the form of a purchase receipt showing the name of the licensed retailer, the date of purchase, a description of the alcohol beverages purchased, and the price paid for the alcohol beverages. The entertainment facility licensee shall retain the receipt and make it available to the state and local licensing authorities at all times during business hours.
(3) (a) Except as provided in subsection (3)(b) of this section, it is unlawful for any owner, part owner, shareholder, or person interested directly or indirectly in entertainment facility licenses to conduct, own either in whole or in part, or be directly or indirectly interested in any other business licensed pursuant to this article 3 or article 4 of this title 44.
(b) An owner, part owner, shareholder, or person interested directly or indirectly in an entertainment facility license may have an interest in:
(I) A license described in section 44-3-401 (1)(j) to (1)(t), (1)(v), or (1)(w), 44-3-412 (1), or 44-4-104 (1)(c); or
(II) A financial institution referred to in section 44-3-308 (4).
(4) (a) (Deleted by amendment, L. 2022.)
(b) The manager for each licensed entertainment facility, the entertainment facility licensee, or an employee or agent of the entertainment facility licensee shall purchase alcohol beverages for one licensed premises only, and the purchases shall be separate and distinct from purchases for any other licensed entertainment facility.
(c) to (e) (Deleted by amendment, L. 2022.)
(5) Repealed.
(6) (a) On and after August 7, 2024, the state or a local licensing authority shall not issue or renew any licenses under this section to a lodging facility.
(b) The state and local licensing authorities shall treat any application submitted on or before August 7, 2024, by a lodging facility for a lodging and entertainment facility license or renewal license as an application for a lodging facility license or renewal license issued pursuant to section 44-3-432.
(c) On August 7, 2024, each lodging and entertainment facility license issued under this section to a lodging facility automatically converts to a lodging facility license issued pursuant to section 44-3-432.
(d) The conversion of a lodging and entertainment facility license issued to a lodging facility under this section to a lodging facility license under section 44-3-432 pursuant to this subsection (6) is a continuation of the prior license and does not affect:
(I) Any prior discipline, limitation, or condition imposed by the state licensing authority on a licensee;
(II) The deadline for renewal of the license; or
(III) Any pending or future investigation or administrative proceeding.
(e) This subsection (6) is repealed, effective September 1, 2026.
(7) (a) On August 7, 2024, each lodging and entertainment facility license issued under this section to an entertainment facility automatically converts to an entertainment facility license.
(b) The state and local licensing authorities shall treat any application submitted on or before August 7, 2024, by an entertainment facility for a lodging and entertainment facility license or renewal license as an application for an entertainment facility license or renewal license issued pursuant to this section.
(c) The conversion of a lodging and entertainment facility license issued to an entertainment facility to an entertainment facility license pursuant to this subsection (7) is a continuation of the prior license and does not affect:
(I) Any prior discipline, limitation, or condition imposed by the state licensing authority on a licensee;
(II) The deadline for renewal of the license; or
(III) Any pending or future investigation or administrative proceeding.
(d) This subsection (7) is repealed, effective September 1, 2026.
Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1031, � 2, effective October 1. L. 2019: (2) amended, (SB 19-011), ch. 1, p. 14, � 22, effective January 31. L. 2022: (4) amended, (HB 22-1415), ch. 426, p. 3019, � 4, effective June 7. L. 2024: (1), (2), (3)(a), IP(3)(b), and (4)(b) amended, (5) repealed, and (6) and (7) added, (SB 24-231), ch. 205, p. 1261, � 27, effective August 7.
Editor's note: This section is similar to former � 12-47-426 as it existed prior to 2018.
44-3-429. Purchasing alcohol from a surrendered license of common ownership - definition. (1) This section applies to a person that has been issued the following license types:
(a) Beer and wine license under section 44-3-411;
(b) Hotel and restaurant license under section 44-3-413;
(c) Tavern license under section 44-3-414;
(d) Retail gaming tavern license under section 44-3-416;
(e) Brew pub license under section 44-3-417;
(f) Club license under section 44-3-418;
(g) Arts license under section 44-3-419;
(h) Racetrack license under section 44-3-420;
(i) Vintner's restaurant license under section 44-3-422;
(j) Distillery pub license under section 44-3-426;
(k) Entertainment facility license under section 44-3-428; or
(l) Lodging facility license under section 44-3-432.
(2) Notwithstanding sections 44-3-411, 44-3-413, 44-3-414, 44-3-416, 44-3-417, 44-3-418, 44-3-419, 44-3-420, 44-3-422, 44-3-426, and 44-3-428, a current licensee listed in subsection (1) of this section may purchase the remaining alcohol beverage inventory from a former licensee listed in subsection (1) of this section if:
(a) Within the last sixty days, the seller's license for a licensed premises has been surrendered or revoked or the seller has lost legal possession of the licensed premises; and
(b) There is common ownership between the seller and the purchaser.
(3) In order to sell the remaining alcohol beverage inventory from a licensed premises for which a license is being surrendered or revoked or of which the seller has lost legal possession to another licensee listed in subsection (1) of this section, the seller must:
(a) Have surrendered the license for the premises within the last sixty days, have had the license for the premises revoked within the last sixty days, or have lost legal possession of the licensed premises within the last sixty days;
(b) Return, within thirty days after the license was surrendered or revoked or the seller lost legal possession of the licensed premises, all alcohol beverages that the seller has not paid for to the wholesaler from whom the seller obtained the alcohol beverages on credit, and the wholesaler shall cancel the debt for the returned inventory;
(c) Offer and give wholesalers from whom the seller purchased remaining alcohol beverages a thirty-day option to repurchase any remaining alcohol beverages that the wholesaler sold to the seller before selling any inventory to a purchaser listed in subsection (1) of this section;
(d) Possess proof that all wholesalers the seller has purchased alcohol beverages from for the licensed premises have been paid in full for those purchases; and
(e) Sell the alcohol beverage inventory for only one licensed premises.
(4) The licensee purchasing alcohol beverages under this section shall retain evidence of the purchase in the form of a purchase receipt showing the name of the seller, the date of purchase, a description of the alcohol beverages purchased, and the price paid for the alcohol beverages. The licensee shall retain the receipt for three years and make it available to the state and local licensing authorities at all times during business hours.
(5) The state licensing authority shall not promulgate rules that regulate or establish the price at which the inventory may be sold under this section.
(6) A wholesaler shall not transport the alcohol beverage inventory from the seller's premises to the purchaser's premises. The seller may transport the alcohol beverage inventory to the purchaser's licensed premises.
(7) Nothing in this section allows a licensee to sell alcohol beverages if:
(a) The seller's license is not being surrendered or revoked or the seller did not lose legal possession of the licensed premises within the last sixty days;
(b) Common ownership does not exist;
(c) The seller is selling the business and transferring the license to a new owner; or
(d) The seller is changing the location of the licensed premises.
(8) For the purposes of this section, common ownership means that a person owns at least a ten percent ownership interest in both the seller and the purchaser at the time the license is surrendered or revoked or the seller lost legal possession of the licensed premises.
Source: L. 2018: Entire section added, (SB 18-138), ch. 94, p. 737, � 1, effective August 8. L. 2024: (1)(j) and (1)(k) amended and (1)(l) added, (SB 24-231), ch. 205, p. 1264, � 28, effective August 7.
Editor's note: This section was numbered as � 12-47-427 in SB 18-138. That section was harmonized with HB 18-1025 and relocated to this section.
44-3-430. Alcohol beverage shipper license for wine direct shipping - rules - notice to revisor of statutes. (1) The state licensing authority may issue an alcohol beverage shipper license to an alcohol beverage shipper that ships vinous liquors for a licensed winery that holds a winery direct shipper's permit pursuant to section 44-3-104.
(2) A driver delivering on behalf of an alcohol beverage shipper licensee shall not leave a package unattended on a doorstep and shall check the recipient's identification to ensure that the individual accepting delivery is not under twenty-one years of age or visibly intoxicated.
(3) If an alcohol beverage shipper violates this section, the state licensing authority shall bring action against the alcohol beverage shipper's license.
(4) The state licensing authority shall adopt rules necessary to administer and enforce this section.
(5) This section takes effect if the state licensing authority determines that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section. The state licensing authority shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (5) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Source: L. 2024: Entire section added, (SB 24-231), ch. 205, p. 1264, � 29, effective August 7. L. 2025: (2) amended, (SB 25-274), ch. 376, p. 2026, � 1, effective August 6.
Editor's note: As of publication date, the revisor of statutes has not received the notice referred to in subsection (5) of this section.
44-3-431. Catering license - permitted events - private events - fees - rules - notice to revisor of statutes. (1) The state licensing authority may issue a catering license to a catering company that allows the catering licensee to apply for temporary permits to sell and serve alcohol beverages on unlicensed premises at catered events. The catering license is valid for one calendar year and renewed on an annual basis.
(2) (a) The state licensing authority shall establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. The state licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by fewer than six hundred individuals.
(b) A local licensing authority may establish a process for a catering licensee to obtain a permit to cater an event that may be attended by six hundred or more individuals. If a local licensing authority does not establish a local catering permit, an applicant need not obtain a catering permit from the local licensing authority.
(3) The state licensing authority shall establish and maintain, on the liquor enforcement division's public-facing website, a listing of all catering licenses in the state. A catering licensee shall submit information required by the state licensing authority in rule.
(4) A catering licensee shall not permit an individual who is eighteen years of age or older and under twenty-one years of age to sell, dispense, or participate in the sale or dispensing of an alcohol beverage, unless the individual is supervised by another individual who is on the unlicensed premises and is twenty-one years of age or older.
(5) The state licensing authority may adopt rules necessary to implement and administer this section.
(6) This section takes effect if the state licensing authority determines that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section. The state licensing authority shall notify the revisor of statutes in writing of the date when the condition specified in this subsection (6) has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This section takes effect upon the date identified in the notice that the liquor enforcement division has sufficient legally available funding for the administration and enforcement of this section or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Source: L. 2024: Entire section added, (SB 24-231), ch. 205, p. 1265, � 29, effective August 7.
Editor's note: As of publication date, the revisor of statutes has not received the notice referred to in subsection (6) of this section.