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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. § 3-1-1 Short title
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This title shall be known and may be cited as the ‘‘Georgia Alcoholic Beverage Code.’’ History. — Code 1933, § 5A-101, enacted by Ga. L. 1980, p. 1573, § 1.
O.C.G.A. § 3-1-2 Definitions
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As used in this title, the term: (1) ‘‘Alcohol’’ means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) ‘‘Alcoholic beverage’’ means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or for…
O.C.G.A. § 3-1-3 Use of existing forms and filings relating to licenses or taxes
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Every form of license or tax document or other license or tax related filing lawfully in use immediately prior to July 1, 1981, may continue to be so used or be effective until the commissioner, in accordance with this title, otherwise prescribes. History. — Code 1933, § 5A-104, …
O.C.G.A. § 3-1-4 Penalty for violations of provisions of title
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(a) It is unlawful for any person knowingly and intentionally to violate any criminal prohibition contained in this title. (b) Except as otherwise provided in this title, any person who violates any criminal prohibition contained in this title shall be guilty of a misdemeanor. Hi…

Showing 1–50 of 221

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O.C.G.A. § 3-1-5 Posting of warning by retailer that consumption of alcohol during pregnancy is dangerous

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(a) All retail consumption dealers and retail dealers in this state who sell at retail any alcoholic beverages for consumption on the premises shall post, in a conspicuous place, a sign which clearly reads: ‘‘Warning: Drinking alcoholic beverages during pregnancy can cause birth …

O.C.G.A. § 3-2-1 Powers and duties of commissioner generally; delegation of administrative duties

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The commissioner shall administer and enforce this title. The commissioner may designate employees of the department for the purpose of administering this title and may delegate to employees of the department any of the duties required of him pursuant to this title. History. — Co…

O.C.G.A. § 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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Except as otherwise provided in this title: (1) When any person required to file a report as provided by this title fails to file the report within the time prescribed, he shall be assessed a penalty of $50.00 for each failure to file. (2) In the event the commissioner determines…

O.C.G.A. § 3-2-12 Waiver of penalties by commissioner

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The commissioner may waive, in whole or in part, the collection of any amount due the state as a penalty under this title whenever, or to the extent that, he reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or will…

O.C.G.A. § 3-2-13 Issuance of refunds or credits for taxes paid

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(a) The commissioner may issue credits for taxes paid by or due from a wholesaler when it is shown to the commissioner’s satisfaction that any of the following events has occurred: (1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the a…

O.C.G.A. § 3-2-14 Limitations on credit; application; action for recovery of credit; setoff of unpaid taxes against credit

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(a) No credit for taxes paid on alcoholic beverages in payment of taxes on alcoholic beverages shall be allowed unless an application for credit is filed with the commissioner within 90 days from the date payment is received by the commissioner. If, in the opinion of the commissi…

O.C.G.A. § 3-2-15 Promulgation of rules and regulations governing advertising of distilled spirits

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The commissioner shall issue rules and regulations governing all advertising of distilled spirits within this state. History. — Ga. L. 1937-38, Ex. Sess., p. 103, § 8; Code 1933, § 5A-315, enacted by Ga. L. 1980, p. 1573, § 1.

O.C.G.A. § 3-2-2 Promulgation of rules and regulations generally; forms

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(a) The commissioner may make and publish in print or electronically reasonable rules and regulations not inconsistent with this title or other laws or the Constitution of this state or of the United States for the enforcement of this title and the collection of revenues under th…

O.C.G.A. § 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 and lab

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In addition to his or her other duties and responsibilities to administer this title, the commissioner may: (1) Deny, suspend, or cancel any license or permit required under this title if: (A) The license application is not filed in good faith or is filed by some person as a subt…

O.C.G.A. § 3-2-3.1 Power of commissioner to permit importation of alcohol into counties and municipalities; taxation of such alcohol

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The commissioner, in accordance with such rules and regulations as he shall adopt, in his discretion may permit importation of distilled spirits and alcohol into any county or municipality where the manufacture and sale of the spirits or alcohol has been legalized. These rules an…

O.C.G.A. § 3-2-4 Sale, distribution, or other dealing in alcoholic beverages by employees, agents, or officers of department prohibited; exemption

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(a) No employee, agent, or officer of the department, directly or indirectly, shall have any interest whatsoever in manufacturing, selling, transporting, distributing, storing, or otherwise dealing in alcoholic beverages, except in the performance of his official duties. (b) The …

O.C.G.A. § 3-2-5 Collection of taxes under title; issuance of licenses

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Except as otherwise specifically provided for in this title, the taxes provided for in this title shall be collected by the commissioner. Upon payment of the appropriate taxes and fees and compliance with all other requirements of this title, the commissioner shall issue appropri…

O.C.G.A. § 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 stam

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(a) With respect to malt beverages and wine, the commissioner shall provide, and with respect to distilled spirits, the commissioner may provide, by regulation, that the taxes on malt beverages, wine, and distilled spirits shall be collected by a reporting system. (b) Pursuant to…

O.C.G.A. § 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; tempora

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(a)(1) Except as otherwise specifically provided in paragraph (2) of this subsection or elsewhere in this title, all licenses issued pursuant to this title shall expire on December 31 of each year and application for renewal shall be made annually on or before November 1. (2) On …

O.C.G.A. § 3-2-8 Availability of records for public inspection; collection of fee for special requests for preparation of information

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The commissioner shall make available for inspection by the public at reasonable times all records relating to alcoholic beverage brands, shipments, and sales by manufacturers, shippers, or wholesalers. The commissioner may charge a fee for special requests for prepared informati…

O.C.G.A. § 3-2-9 Requirements as to reports to be made to commissioner

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Any report made to the commissioner as prescribed in this title shall be made under oath and under such regulations as the commissioner shall prescribe. History. — Code 1933, § 5A-309, enacted by Ga. L. 1980, p. 1573, § 1.

O.C.G.A. § 3-2-30 Powers and duties of special agents and enforcement officers of department generally; bond requirement; retention of weapon and badge upon retirement or disability

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(a) Persons appointed by the commissioner as special agents or enforcement officers of the department, in the enforcement of this title and other laws of this state with respect to the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages,…

O.C.G.A. § 3-2-31 Assistance to other authorities by special agents and enforcement officers of department

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(a) Upon a request by the governing authority of any municipality or county, the sheriff or chief of a county police force, the judge of the superior court of any county, or the Governor, the commissioner, in unusual circumstances, may and, in the case of an order from the Govern…

O.C.G.A. § 3-2-32 Inspection of premises by commissioner and agents generally; access to books, records, and supplies

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The commissioner and his agents may enter upon the licensed premises of any person engaged in the manufacture, transportation, distribution, sale, storage, or possession of alcoholic beverages at any time for the purpose of inspecting the premises and enforcing this title and sha…

O.C.G.A. § 3-2-33 Sale, possession, concealment, storage, or conveyance of untaxed alcoholic beverages; declaration of untaxed or otherwise unlawful alcoholic beverages as contraband; seizure and disposition of contrab

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(a) Except as otherwise specifically provided for by law, it is unlawful for any person to sell, possess, conceal, store, or convey any alcoholic beverage on which any tax or license fee imposed by this title has not been paid. (b) Any peace officer or authorized agent of the com…

O.C.G.A. § 3-2-34 Disposition of contraband alcoholic beverages; seizure; destruction; sale; retention of small quantity for evidence

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(a) All alcoholic beverages upon which no taxes have been paid to this state or any other state and which are not specifically exempt from the taxes imposed by law shall be destroyed by the peace officer or agent of the commissioner seizing the beverages, except that a small quan…

O.C.G.A. § 3-2-35 Seizure of contraband by commissioner and agents; proceedings upon seizure; hearing on entitlement to seized items; appeals; disposition of items upon which taxes have been paid

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(a) The commissioner and his agents shall seize and take possession of any contraband found in the possession of any person in violation of this title. (b) Upon seizure, the commissioner or his agent shall give a receipt to the person from whom the contraband property was seized,…

O.C.G.A. § 3-2-36 Arrest and prosecution of violators of title

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The commissioner or his agents shall secure warrants or other criminal process against any person who violates any provision of this title in counties and municipalities where the sale of alcoholic beverages is not authorized and in counties and municipalities where the sale of a…

O.C.G.A. § 3-2-10 Powers and duties of commissioner generally; delegation of administrative duties

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Promulgation of rules and regulations generally; forms. 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 and labeling of distilled spiri…

O.C.G.A. § 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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The businesses of manufacturing, distributing, selling, handling, and otherwise dealing in or possessing alcoholic beverages are declared to be privileges in this state and not rights; however, such privileges shall not be exercised except in accordance with the licensing, regula…

O.C.G.A. § 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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(a) Except as otherwise provided for in this title, the manufacturing, distributing, and selling by wholesale or retail of alcoholic beverages shall not be conducted in any county or incorporated municipality of this state without a permit or license from the governing authority …

O.C.G.A. § 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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(a) As used in this Code section, the term: (1) ‘‘Disciplinary action’’ means any citation or arrest arising out of the violation of any law, rule, regulation, resolution, or ordinance of a governmental entity relating to the manufacture, distribution, sale, or possession of alco…

O.C.G.A. § 3-3-2.2 Maximum fine for violations of local alcoholic beverages licensing ordinances

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Notwithstanding the limitations imposed by subparagraph (a)(2)(C) of Code Section 36-35-6 or any other provision of general law, in the case of a county or municipality which issues more than 300 licenses for consumption of alcoholic beverages on the premises, the maximum fine fo…

O.C.G.A. § 3-3-3 Licenses required to distribute, sell, or otherwise deal in alcoholic beverages; display of licenses

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(a) No person shall manufacture, distribute, sell, handle, or possess for sale, or otherwise deal in, alcoholic beverages without first obtaining all applicable licenses required by this title. (b) Each person holding a license issued pursuant to this title shall display the lice…

O.C.G.A. § 3-3-4 Exemptions from license fees or taxes

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There shall be no exception from the license fees or taxes provided by this title in favor of any person unless specifically provided for by law. History. — Code 1933, § 5A-504, enacted by Ga. L. 1980, p. 1573, § 1.

O.C.G.A. § 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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No alcoholic beverages shall be sold by any licensee under this title if the alcoholic beverages do not fully meet all federal requirements as to quality or purity, as represented by the label, or do not meet such standards as may be adopted by the commissioner. History. — Ga. L.…

O.C.G.A. § 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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(a) Each manufacturer, importer, wholesale dealer, retail dealer, and retail consumption dealer shall keep and preserve, as prescribed by the commissioner, records of all alcoholic beverages manufactured, purchased, or sold by him. The records shall be kept for a period of three …

O.C.G.A. § 3-3-7 Local authorization and regulation of sales of alcoholic beverages on Sunday

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(a) In all consolidated governments of this state within the limits of which the sale of alcoholic beverages is lawfully authorized, such sales for consumption on the premises shall be authorized, at the discretion of the governing body of the consolidated government, at any time…

O.C.G.A. § 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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(a)(1) An individual may possess and transport in this state the following quantities of alcoholic beverages upon which the taxes imposed by this title have not been paid: (A) In the case of distilled spirits, not in excess of one-half gallon; (B) In the case of malt beverages, n…

O.C.G.A. § 3-3-9 Penalty for violations of prohibitions in chapter

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(a) It is unlawful for any person knowingly and intentionally to violate any prohibition contained in this chapter. (b) Except as otherwise provided in this chapter, any person who violates any prohibition contained in this chapter shall be guilty of a misdemeanor. History. — Cod…

O.C.G.A. § 3-3-20 Sale of alcoholic beverages on Sundays, election days, and Christmas Day

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(a) Except as provided in subsection (d) of this Code section or except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday. (b)(1) As used in this subsection, the term ‘‘day’’ means that period of tim…

O.C.G.A. § 3-3-21 Sales of alcoholic beverages near churches, school buildings, or other sites

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(a)(1) No person knowingly and intentionally may sell or offer to sell: (A) Any distilled spirits in or within 100 yards of any church building or within 200 yards of any school building, educational building, school grounds, or college campus; (B) Any wine or malt beverages with…

O.C.G.A. § 3-3-21.1 Possession of alcoholic beverages on the grounds of a public school

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(a) Except as provided in subsection (b) of this Code section, no person shall possess any alcoholic beverages upon the grounds or within any structure of a public elementary school; public high school; or public trade, vocational, or industrial school. (b) Subsection (a) of this…

O.C.G.A. § 3-3-22 Sale or furnishing of alcoholic beverages to intoxicated persons

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No alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication. History. — Ga. L. 1937-38, Ex. Sess., p. 103, § 15; Ga. L. 1953, Nov.-Dec. Sess., p. 283, § 1; Ga. L. 1980, p. 1206, §§ 2, 5; Code 1…

O.C.G.A. § 3-3-23 Nothing in this paragraph shall be construed to restrict the discretion of the prosecuting attorney to use a uniform traffic citation as the formal charging document

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(2) If the arresting officer provided for in paragraph (1) of this subsection has probable cause to believe that a person accused of violating paragraph (2), (3), or (5) of subsection (a) of Code Section 3-3-23 is intoxicated to the extent that he or she poses a danger to himself…

O.C.G.A. § 3-3-23.1 Procedure and penalties upon violation of Code Section 3-3-23

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(a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age. (b)(1) Any per…

O.C.G.A. § 3-3-24 Dispensing, serving, selling, or taking orders for alcoholic beverages by persons under 18 years of age

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(a) No person shall allow or require a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages. (b) This Code section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores,…

O.C.G.A. § 3-3-24.1 ‘‘Bouncer’’ defined; admission of under 21 year olds into bar

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(a) As used in this Code section, the term ‘‘bouncer’’ means an individual primarily performing duties related to verifying age for admittance, security, maintaining order, or safety, or a combination thereof. (b) No person shall allow or require an individual under the age of 21…

O.C.G.A. § 3-3-24.2 Posting of laws regarding sale of alcoholic beverages to underage persons

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(a) Each retail business establishment in this state which is licensed to sell alcoholic beverages of any kind shall post in a conspicuous place or places a notice which shall contain the provisions of the laws of this state which deal with the unlawful sale of such items to unde…

O.C.G.A. § 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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(a) No person knowingly and intentionally shall: (1) Offer for sale, sell, barter, exchange, give, provide, or furnish alcoholic beverages to any person confined in any jail, penal institution, correctional facility, or other lawful place of confinement; or (2) Introduce or posse…

O.C.G.A. § 3-3-26 Allowing or permitting of breaking of packages or drinking of contents thereof on premises

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No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. This Code s…