Title 3 — Alcoholic Beverages
0 chapters · 102 sections in this title.
O.C.G.A. § 3-5-41 Requirement and issuance of county licenses generally
0.6K chars
If any business allowed under this chapter is proposed to be carried on within the unincorporated area of a county, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the county, an annual license fee as fixed by the govern…
O.C.G.A. § 3-5-5 Retail sale of kegs; required labeling; removal of labels
4.0K chars
(a) As used in this Code section, the term: (1) ‘‘Keg’’ means any brewery-sealed container or barrel containing, by liquid volume, more than two gallons of malt beverage. (2) ‘‘Retail dealer,’’ ‘‘retail licensee,’’ or ‘‘licensee’’ means a person holding either a retail dealer lic…
O.C.G.A. § 3-5-60 Levy and amount of tax
1.4K chars
There is levied and imposed on the first sale, use, or possession within this state of malt beverages the following taxes: (1) Where malt beverages are sold in or from a barrel or bulk container, such malt beverages being commonly known as tap or draft beer, an excise tax of $10.…
O.C.G.A. § 3-5-61 Exemptions from tax
0.7K chars
The taxes imposed by paragraphs (1) and (2) of Code Section 3-5-60 are not levied with respect to: (1) Malt beverages sold to persons outside this state for resale or consumption outside this state; or (2) Malt beverages sold to stores or canteens located on United States militar…
O.C.G.A. § 3-5-80 Levy and amount of tax
0.9K chars
Municipalities and counties permitting the sale of malt beverages shall impose an excise tax, in addition to the excise taxes levied by the state, as follows: (1) Where malt beverages, commonly known as tap or draft beer, are sold in or from a barrel or bulk container, a tax of $…
O.C.G.A. § 3-5-82 Requirement of markings on containers
1.3K chars
No decal, stamp, or other marking shall be required on malt beverage containers designating the particular municipality or county in which a sale of malt beverages is made or in which resides a licensed retailer to whom the beverages are delivered. 821 History. — Ga. L. 1973, p. …
O.C.G.A. § 3-5-84 Levy and amount of tax
0.4K chars
Payment of tax by wholesale dealers generally; time of payment; reports by dealers as to quantities of beverages sold. Requirement of markings on containers. Use of excess tax revenues by consolidated governments and certain counties. Enforcement of part. PART 3 EXEMPTIONS 3-5-90…
O.C.G.A. § 3-5-90 Malt beverages containing less than one-half of 1 percent alcohol by volume
0.4K chars
Malt beverages 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, § 3-5-90, enacted by Ga. L. 1987, p. 562, § 1. 823 T.3, C.6 …
O.C.G.A. § 3-6-1 Definitions
0.7K chars
As used in this chapter, the term: (1) ‘‘Dessert wine’’ means a wine having an alcoholic strength of more than 14 percent alcohol by volume but not more than 24 percent alcohol by volume. (2) ‘‘Domestic winery’’ means any winery, manufacturer, maker, producer, or bottler of wine …
O.C.G.A. § 3-6-2 Determination as to when possession occurs
0.8K chars
For purposes of this chapter, with respect to wines manufactured within this state, possession occurs when the product is first identifiable as wine, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect …
O.C.G.A. § 3-6-20 Editor’s notes
0.7K chars
Ga. L. 1995, p. 419, § 2, not codified by the General Assembly, provides if a local government repeals, amends, or revises its ordinance or resolution relating to occupation taxes or regulatory fees during the tax year 1995, such a local government is authorized but not required t…
O.C.G.A. § 3-6-21.4 Routes and signage for the Georgia Wine Highway
0.3K chars
The Department of Community Affairs and the Department of Transportation shall, with due consideration to the farm wineries in 832 3-6-21.4 WINE 3-6-22 Georgia, collaborate to designate appropriate routes and signage for the Georgia Wine Highway. History. — Code 1981, § 3-6-21.4,…
O.C.G.A. § 3-6-21.5 Production of fortified wine
1.7K chars
A winery may purchase distilled spirits directly from a manufacturer of distilled spirits and blend with wine manufactured by the winery to produce fortified wine. Such distilled spirits shall not be used by the winery for any other purpose or used to create any other type of alc…
O.C.G.A. § 3-6-23 Persons to whom wine may be sold by wholesale dealers
0.4K chars
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
0.5K chars
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 Levy and amount of state occupational tax; application for license
2.6K chars
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. § 3-6-3 Household production
0.6K chars
(a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter. (b) For purposes of…
O.C.G.A. § 3-6-30 Creation of limited exceptions regarding direct shipments
0.4K chars
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
4.2K chars
(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
1.1K chars
(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. § 3-6-4 Removal of partially consumed bottle of wine from premises
1.2K chars
Notwithstanding any other contrary provision of law, any restaurant which is licensed to sell alcoholic beverages for consumption on the premises may permit a patron to remove one unsealed bottle of wine per patron for consumption off premises, if the patron has purchased a meal …
O.C.G.A. § 3-6-50 Levy and amount of tax
2.5K chars
(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. § 3-6-70 Exemptions from tax
0.5K chars
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. § 3-7-1 Definitions
1.5K chars
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 Definitions
1.2K chars
Applicability of chapter to private clubs. 3-7-42. Article 2 State Authorization and Regulation 3-7-20. 3-7-21. 3-7-22. Issuance of alcoholic beverage licenses to private clubs by commissioner generally; promulgation of rules and regulations generally; privileges conferred by lic…
O.C.G.A. § 3-7-21 License fees; prelicense investigation fee
0.4K chars
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. § 3-7-41 Registration of voters for special primaries and elections, § 21-2-228
0.1K chars
Circumstances giving rise to special primary or election, § 21-2-504. Conducting of recall elections in same manner as special elections, § 21-4-14.
O.C.G.A. § 3-7-61 Imposition of tax on sale of mixed drinks
4.3K chars
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. 853 T.3, C.8 ALCOHOLIC…
O.C.G.A. § 3-8-3 Sale of alcoholic beverages at coliseums
1.6K chars
(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
1.2K chars
(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. § 3-8-5 Sale of alcoholic beverages at coliseums during professional sports events
0.4K chars
Reserved. Repealed by Ga. L. 1997, p. 977, § 1, effective January 1, 2000. Editor’s notes. — This Code Section was based on Code 1981, § 3-8-5, enacted by Ga. L. 1997, p. 977, § 1; Ga. L. 1998, p. 128, § 3. 857 3-8-6 Ga. L. 2013, p. 141, § 3/HB 79, reserved the designation of thi…
O.C.G.A. § 3-8-6 Technical institutes; service of alcoholic beverages; regulation and tax
2.2K chars
(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. § 3-9-10 Definitions
1.6K chars
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
1.4K chars
(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
0.3K chars
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. 866 3-9-13 3-9-13. In-room se…
O.C.G.A. § 3-9-13 In-room service sales in dry areas prohibited
0.5K chars
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. § 3-9-5 Meaning of the term ‘‘bona fide nonprofit civic organization’’
0.4K chars
As used in this article, the term ‘‘bona fide nonprofit civic organization’’ means an entity which is exempt from federal income tax 862 3-9-7 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…
O.C.G.A. § 3-9-6 Limousine carrier furnishing alcoholic beverages
1.4K chars
(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
3.3K chars
(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. § 3-10-1 Scope of chapter
0.3K chars
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. § 3-10-15 Penalty for violations of provisions of chapter
0.4K chars
(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…
O.C.G.A. § 3-10-2 Sale, exchange, or other possession of distilled spirits
0.4K chars
It is unlawful for any person knowingly and intentionally to sell, offer for sale, keep for sale, barter, exchange, furnish at public places, keep on hand at a place of business, or otherwise possess distilled spirits in any quantity, except as provided in this title. History. — …
O.C.G.A. § 3-11-1 Definitions
3.0K chars
As used in this chapter, the term: (1) ‘‘Food caterer’’ means any person who prepares food for consumption off the premises. (2) ‘‘Licensed alcoholic beverage caterer’’ means any retail dealer who has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Ar…
O.C.G.A. § 3-11-2 Definitions
0.1K chars
Licensed alcoholic beverage caterers eligible for off-premise licenses; application; fee.
O.C.G.A. § 3-11-3 Event permits
1.4K chars
In order to distribute or sell distilled spirits, malt beverages, or wine at an authorized catered function, a licensed alcoholic beverage caterer shall be required to: (1) Apply to the local governing authority of the jurisdiction where the function is to be catered for an event…
O.C.G.A. § 3-11-4 Violations
2.4K chars
(a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer’s business without a license issued pursuant to this chapter. This subsection shall not affect any other provisions of this title whic…
O.C.G.A. § 3-11-5 Rules and regulations
11.1K chars
The commissioner shall be authorized to promulgate rules and regulations to implement and carry out the provisions of this chapter. History. — Code 1981, § 3-11-5, enacted by Ga. L. 1992, p. 1145, § 1. 895 T.3, C.12 ALCOHOLIC BEVERAGES 3-12-1 CHAPTER 12 RESIDENTIAL COMMUNITY DEVE…
O.C.G.A. § 3-13-1 Definitions
0.8K chars
As used in this chapter, the term: (1) ‘‘Alcoholic beverages for consumption on premises’’ shall mean malt beverages, wine, or distilled spirits by the drink for consumption on the premises only. (2) ‘‘Licensee’’ shall mean the developer, owner, or operator of the REAP or the dev…
O.C.G.A. § 3-13-2 State license requirements to sell alcoholic beverages
2.4K chars
(a) A REAP shall be authorized to sell alcoholic beverages for consumption on premises on days and at times authorized in any jurisdiction within this state for the sale of alcoholic beverages, upon obtaining state license from the commissioner for the sale of alcoholic beverages…
O.C.G.A. § 3-13-3 Local taxation of alcoholic beverage sales
0.3K chars
A local government shall be authorized to levy and collect any local taxes on any sale of alcoholic beverages made within its jurisdiction by a licensee as are otherwise authorized by law. History. — Code 1981, § 3-13-3, enacted by Ga. L. 2008, p. 363, § 1/HB 1280. 3-13-4. Powers…