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Georgia Statutes, Title 3

Georgia/Statutes

← All Georgia coverage

Title 3

14 chapters · 221 sections in this title.

All chapters in Title 3221 Ch 4, DISTILLED SPIRITS44 Ch 5, MALT BEVERAGES36 Ch 3, REGULATION OF ALCOHOLIC BEVERAGES GE…30 Ch 6, WINE28 Ch 2, STATE ADMINISTRATION AND ENFORCEMENT23 Ch 10, SALE OR POSSESSION OF DISTILLED SPIR…15 Ch 7, SALE OF DISTILLED SPIRITS BY PRIVATE…11 Ch 9, SALE OF ALCOHOLIC BEVERAGES BY PASSE…11 Ch 1, GENERAL PROVISIONS5 Ch 8, SALE OF ALCOHOLIC BEVERAGES AT PUBLI…5 Ch 11, SALES OFF PREMISES FOR CATERED FUNCTIONS5 Ch 13, SALE OF ALCOHOLIC BEVERAGES BY REGIO…4 Ch 12, RESIDENTIAL COMMUNITY DEVELOPMENT DI…3 Ch 14, SPECIAL EVENT USE PERMITS1

221 sections·Filtered byTitle 3✕

O.C.G.A. § 3-6-23 Persons to whom wine may be sold by wholesale dealers
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Except as provided in paragraph (5) of subsection (a) of Code Section 3-2-13, licensed wholesale dealers shall sell wine only to other licensed wholesale dealers and to importers and retail dealers licensed in this state. History. — Code 1933, § 58-821, enacted by Ga. L. 1977, p.…
O.C.G.A. § 3-6-24 Preparation and retention of invoices of sales by wholesale dealers
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Each wholesale dealer, at the time of any sale of wine, shall prepare and keep a copy of a sales invoice containing: (1) The name of the wholesale dealer; (2) The name, address, and license number of the licensed importer, wholesaler, or retailer making the purchase; (3) The quan…
O.C.G.A. § 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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(a) No person holding a retail dealer’s license to deal in wine by the package shall display any advertisement of or information regarding the price or prices of any wine in any show window or other place visible from outside the licensee’s place of business. (b) No person licens…
O.C.G.A. § 3-6-26 Delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers

Showing 151–200 of 221

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All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer, or owned, or leased, and operated by a wholesale dealer’s employe…

O.C.G.A. § 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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(a) Every person who transports wine, upon which the taxes imposed by this title have not been paid, into or out of or within this state shall have in his actual personal possession invoices or delivery tickets showing the name and address of the seller or consignor, the name and…

O.C.G.A. § 3-6-27 Registration of agents, representatives, salesmen, and employees of manufacturers, importers, producers, or brokers

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Every agent, representative, salesman, and employee of each winery, manufacturer, importer, producer, or broker shipping, or causing to be shipped, wines into the state shall register with the commissioner on forms prepared by the commissioner before engaging in the selling, prom…

O.C.G.A. § 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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All wine shipped into this state and all wine manufactured within this state shall be in containers specified in the Standards of Fill for Wine prescribed by the United States Department of the Treasury for wines shipped in interstate commerce. The federal regulations relating to…

O.C.G.A. § 3-6-30 Creation of limited exceptions regarding direct shipments

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The General Assembly reaffirms the findings, determinations, and declarations in Code Section 3-3-31 regarding direct shipments of alcoholic beverages, but creates limited exceptions set forth in Code Sections 3-6-31 and 3-6-32 to permit the direct shipment of wine to residents o…

O.C.G.A. § 3-6-31 Special order shipping license requirements and regulations

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(a) For purposes of this Code section, the term ‘‘winery’’ means any maker or producer of wine whether in this state or in any other state, who holds a valid federal basic wine manufacturing permit. (b) Notwithstanding any other provision of this title to the contrary, any shippe…

O.C.G.A. § 3-6-32 Shipment of wine by winery to consumers; circumstances

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(a) Notwithstanding any other provision of this title to the contrary, a winery located within this state or outside this state that holds a federal basic wine manufacturing permit, whether licensed under this title or not and without regard to brand or label registrations or des…

O.C.G.A. § 3-6-40 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 i

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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 coun…

O.C.G.A. § 3-6-50 Levy and amount of tax

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(a) There shall be levied and imposed on the first sale, use, or final delivery within this state of all table wines an excise tax in the amount of 11¢ per liter and a proportionate tax at the same rate on all fractional parts of a liter. (b) There shall be imposed upon the impor…

O.C.G.A. § 3-6-60 Levy and amount of tax generally; rate of tax; manner of imposition, payment, and collection; imposition of tax by both county and municipality located within county

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(a) The governing authority of each municipality or county where the sale of wine is permitted by this chapter, at its discretion, may levy an excise tax on the first sale or use of wine by the package, which tax shall not exceed 22¢ per liter and a proportionate tax at the same …

O.C.G.A. § 3-6-70 Exemptions from tax

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The taxes imposed by this article shall not be levied with respect to: (1) Wine sold to and used by established and recognized churches and synagogues for use in sacramental services only; (2) Any sale of wine which is exempt from taxation by the state under the Constitution of t…

O.C.G.A. § 3-6-71 Wines containing less than one-half of 1 percent alcohol by volume

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Wines which contain less than one-half of 1 percent alcohol by volume shall not be subject to any tax levied under this title or any tax levied pursuant to authority granted by this title. History. — Code 1981, § 3-6-71, enacted by Ga. L. 1987, p. 562, § 2. CHAPTER 7 SALE OF DIST…

O.C.G.A. § 3-6-25 Levy and amount of state occupational tax; application for license

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Filing of bonds by applicants for licenses generally; waiver of bond requirement. Licensing of farm wineries to engage in retail and wholesale sales; surety bond; excise taxes. Sunday sales on farm wineries; off-site sales; sales in ‘‘special entertainment districts.’’ Sale by fa…

O.C.G.A. § 3-7-1 Definitions

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As used in this chapter, the term: (1) ‘‘Bona fide private club’’ means any nonprofit association organized under the laws of this state which: (A) Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this chapter; …

O.C.G.A. § 3-7-2 Applicability of chapter to private clubs

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Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits or other alcoholic beverages by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell th…

O.C.G.A. § 3-7-20 Issuance of alcoholic beverage licenses to private clubs by commissioner generally; promulgation of rules and regulations generally; privileges conferred by licenses

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The commissioner may issue alcoholic beverage licenses to bona fide private clubs in any county or municipality within the state and may promulgate such regulations as he deems necessary for the proper enforcement of this chapter after the approval of such authority by an electio…

O.C.G.A. § 3-7-21 License fees; prelicense investigation fee

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The license fees for a club shall be the same fees as provided in subsection (a) of Code Section 3-4-111.1 for the sale of distilled spirits in licensed public places of business; and, in addition, a prelicense investigation fee of $100.00 shall be required. History. — Ga. L. 197…

O.C.G.A. § 3-7-40 Authority of counties or municipalities to regulate and license private clubs generally

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(a) Nothing contained in this chapter shall be so construed as to limit the licensing and regulatory authority of any municipality or county in which the sale of alcoholic beverages is lawful. (b) Each municipality and county may license and regulate any bona fide private club lo…

O.C.G.A. § 3-7-41 Calling of special elections upon direction of governing authorities; notice; rules and regulations; timing; ballots; frequency; approval of licenses

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(a) The governing authority of any county or municipality at its discretion may direct its election superintendent to issue the call for an election to determine if the sale of distilled spirits by private clubs, as provided in this chapter, shall be allowed. Upon such direction,…

O.C.G.A. § 3-7-42 Calling of special elections upon presentation of petitions by voters; rules and regulations; frequency; procedure for calling and conduct of elections for purpose of nullifying previous election resu

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(a) Upon the presentation of a petition to the election superintendent of a county or municipality, which petition must be signed by at least 25 percent of the registered voters of such county or municipality who were qualified to vote at the general election immediately precedin…

O.C.G.A. § 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 t

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(a) As used in this Code section, the term ‘‘bona fide private club’’ shall be defined as provided in Code Section 3-7-1. (b) 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…

O.C.G.A. § 3-7-60 Levy and amount of tax on sale of distilled spirits; persons required to pay tax; collection of tax

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(a) When any license is issued by the commissioner as provided in this chapter for the sale of distilled spirits within the corporate limits of any municipality, the municipality shall impose an excise tax, in addition to the excise taxes levied by the state, in the sum of 22¢ pe…

O.C.G.A. § 3-7-61 Imposition of tax on sale of mixed drinks

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An excise tax of not more than 3 percent may be imposed by municipalities or counties on the sale of mixed drinks where the sales by a private club are lawful. History. — Ga. L. 1978, p. 1155, § 4; Code 1933, § 5A-6105, enacted by Ga. L. 1980, p. 1573, § 1. CHAPTER 8 SALE OF ALCO…

O.C.G.A. § 3-7-22 Issuance of alcoholic beverage licenses to private clubs by commissioner generally; promulgation of rules and regulations generally; privileges conferred by licenses

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License fees; prelicense investigation fee. Promulgation of rules and regulations as to sale, possession, and use of alcoholic beverages in private clubs. Article 4 Local Excise Taxation Article 3 Local Authorization and Regulation 3-7-40. 3-7-41. upon direction of governing auth…

O.C.G.A. § 3-8-1 Regulation and taxation of sale, storage, and distribution of alcoholic beverages at airports owned or operated by counties or municipalities

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(a) The issuance of licenses for the package sale, sale by the drink, storage, and distribution of alcoholic beverages within the boundaries of any airport owned or operated, or both, by a county or municipality may be approved by a proper resolution or ordinance of the county or…

O.C.G.A. § 3-8-2 Sale of malt beverages, wine, and distilled spirits at public golf courses operated by counties or municipalities

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The Department of Natural Resources or any county or municipality operating a public golf course and offering food or drink for retail sale as an incident to the operation of the golf course may sell at retail malt beverages, wine, and distilled spirits by the drink as an inciden…

O.C.G.A. § 3-8-3 Sale of alcoholic beverages at coliseums

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(a) As used in this Code section, the term: (1) ‘‘Coliseum’’ means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of a coliseum authority, together with related buildings, facilities, and extensions of the project. (2) ‘‘C…

O.C.G.A. § 3-8-4 Sale of alcohol by continuing education centers

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(a) As used in this Code section, the term ‘‘continuing education center’’ means any facility offering adult education which is operated by a unit of the University System of Georgia and which has housing facilities capable of accommodating 200 people and banquet facilities capab…

O.C.G.A. § 3-8-6 Technical institutes; service of alcoholic beverages; regulation and tax

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(a) As used in this Code section, the term ‘‘technical institute’’ means any facility which is operated by a unit of the Technical College System of Georgia and which has a business conference center capable of accommodating 200 people or more incident to its operation. (b) Notwi…

O.C.G.A. § 3-9-1 Authorization of distribution or sale of distilled spirits by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports

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(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, railway passenger carriers, and cruise s…

O.C.G.A. § 3-9-2 Authorization of distribution or sale of wine and malt beverages by airlines, railway passenger carriers, and cruise ships; annual authorization fee; payment of taxes on containers; reports

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(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, railway passenger carriers, and cruise ships. (b) The carriers and cruise …

O.C.G.A. § 3-9-3 Issuance of permits for sale by nonprofit civic organizations of alcoholic beverages for consumption on the premises or wine at retail for off-premises consumption

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(a) Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a permit authorizing the organization to sell alcoholic beverages for consumption on the premises or to sell wine at retail for off-premise…

O.C.G.A. § 3-9-4 Issuance of special use temporary permits for wine auctions by nonprofit civic organizations

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(a) Upon the filing of an application and payment of a fee of $25.00 by a bona fide nonprofit civic organization, the commissioner may issue a special use temporary permit authorizing a bona fide nonprofit civic organization to auction wine in sealed containers only for a period …

O.C.G.A. § 3-9-5 Meaning of the term ‘‘bona fide nonprofit civic organization’’

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As used in this article, the term ‘‘bona fide nonprofit civic organization’’ means an entity which is exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of 26 U.S.C. Section 501. History. — Code 1981, § 3-9-5, enacted by Ga. L. 2008, p. 4, § …

O.C.G.A. § 3-9-6 Limousine carrier furnishing alcoholic beverages

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(a) Notwithstanding any provision contained in this title or any other law, the commissioner may issue an annual permit authorizing a limousine carrier to sell alcoholic beverages for consumption only in the vehicle supplied by the limousine carrier upon the filing of an applicat…

O.C.G.A. § 3-9-7 Nonprofit distiller license to nonprofit museum; requirements

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(a) As used in this Code section, the term ‘‘nonprofit museum’’ means a museum whose mission includes educating the public about the local, state, and national history of the United States and that is owned and operated by a bona fide nonprofit civic organization which holds titl…

O.C.G.A. § 3-9-10 Definitions

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As used in this article, the term: (1) ‘‘Hotel’’ means any hotel, inn, or other establishment which offers overnight accommodations to the public for hire. (2) ‘‘In-room service’’ means: (A) The delivery of alcoholic beverages in unbroken packages by an employee of the hotel to a…

O.C.G.A. § 3-9-11 Licenses for in-room service

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(a) Notwithstanding anything contained in this title or any other law, in any county or municipality in which the sale of alcoholic beverages either by the package or by the drink is authorized, the commissioner may authorize any hotel which is licensed to sell alcoholic beverage…

O.C.G.A. § 3-9-12 Source of beverages sold; taxes

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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.

O.C.G.A. § 3-9-13 In-room service sales in dry areas prohibited

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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…

O.C.G.A. § 3-10-1 Scope of chapter

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Except as otherwise provided in Code Section 3-10-11, this chapter shall only be applicable within counties or municipalities in which the sale of distilled spirits is not lawful. History. — Ga. L. 1937-38, Ex. Sess., p. 103, § 2; Ga. L. 1972, p. 207, § 1; Code 1933, § 5A-7101, e…

O.C.G.A. § 3-10-10 Existence of property rights in distilled spirits or vessels kept or used in violation of chapter; contraband

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No property rights of any kind shall exist in distilled spirits or in the vessels kept or used for the purpose of violating this chapter, or in any such liquors when received, possessed, or stored at any forbidden place or anywhere in a quantity forbidden by law or when kept, sto…

O.C.G.A. § 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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(a)(1) All apparatus or appliances which are used for the unlawful purpose of distilling or manufacturing any distilled spirits are declared to be contraband. (2) No person shall have any property right in or to the contraband specified in this subsection. (3) Whenever apparatus …

O.C.G.A. § 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

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(a) Any raw materials or substances, including, but not limited to, sugar of any grade or type, and any fixture, implement, or apparatus used or intended for use in the unlawful distilling or manufacturing of any distilled spirits are declared to be contraband. (b) No person shal…

O.C.G.A. § 3-10-13 Duties of district attorneys as to investigation and prosecution of violations of chapter; duties of sheriffs

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(a) Any district attorney in a county may commence prosecution on his own affidavit against any party violating any provision of this chapter. The district attorney, upon receiving information giving him probable cause to believe that there has been a violation of this chapter, s…

O.C.G.A. § 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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(a) In all prosecutions against any persons for manufacturing, selling, offering for sale, keeping, or having or otherwise disposing of distilled spirits, it shall be competent for the state to give in evidence the fact that the beverage which the evidence may tend to show the de…

O.C.G.A. § 3-10-15 Penalty for violations of provisions of chapter

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(a) It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter relating to provisions applicable only in dry political subdivisions. (b) Any person who violates any prohibition contained in this chapter shall be guilty of a misd…