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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 3. ALCOHOLIC BEVERAGES |
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Chapter 4. DISTILLED SPIRITS |
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Article 3. LOCAL AUTHORIZATION AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND PACKAGE SALES |
| § 3-4-40. Requirement as to approval by special elections of issuance of licenses generally |
| § 3-4-41. Petition for referendum; notice of call for referendum |
| § 3-4-42. Form of ballots for election |
| § 3-4-43. Applicability of general election laws |
| § 3-4-44. Certification of results; payment of expenses |
| § 3-4-45. Effect of majority vote in favor of package sales |
| § 3-4-46. Effect of majority vote against package sales |
| § 3-4-47. Procedure for conduct of election for purpose of nullifying previous election result |
| § 3-4-48. Effective date of nullification of previous election result |
| § 3-4-49. Adoption of rules and regulations; determination of location of distilleries or businesses licensed by municipal or county governing authorities |
| § 3-4-50. Maximum annual license fees for municipal or county licenses |
| § 3-4-51. Municipalities in wet counties |
REFS & ANNOS
TITLE 3 Chapter 4 Article 3 NOTE
CROSS REFERENCES. --Sale, possession, etc., of distilled spirits in dry counties and municipalities generally, Ch. 10, T. 2.
EDITOR'S NOTES. --The functions of calling and supervising special elections to determine whether the issuance of licenses for the package sale of distilled spirits shall be approved, formerly performed by the ordinary (now judge of probate court) of a county or the mayor of a municipality, have been vested in the election superintendent of the county or municipality by Ga. L. 1980, p. 1573, § 1. For definition of election superintendent, see §§ 21-2-2(30), 21-3-2(31).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under Ga. L. 1937-38, Ex. Sess., p. 103 and Ga. L. 1941, p. 199, are included in the annotations for this article.
PROCEDURE FOR CALLING ELECTIONS. --The election contemplated by Ga. L. 1937-38, Ex. Sess., p. 103 (see § 3-4-41) will be called upon a petition signed by at least 35 percent of registered voters "qualified to vote at the general election immediately preceding the presentation of the petition," and while Ga. L. 1941, p. 199 (see § 3-4-47) does not contain the language shown in quotes, proper construction of this article requires that the elections be called in the same manner. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947) (decided under Ga. L. 1941, p. 199), overruled on other grounds, Domin v. State, 85 Ga. App. 676, 70 S.E.2d 39 (1952).
INJUNCTION AGAINST LAWFULLY OPERATED LIQUOR STORE AS NUISANCE. --Lawful operation of properly licensed package liquor store is an authorized business in those counties where a majority of qualified voters voting in an election for such purpose have approved the sale of liquor, and cannot be enjoined as a nuisance per se, since that which the law authorizes to be done, if done as the law authorizes, is not such a nuisance. Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946) (decided under Ga. L. 1937-38, Ex. Sess., p. 103).
PRESUMPTION THAT ELECTION SUPERINTENDENT PROPERLY PERFORMED DUTIES. --All duties of the ordinary (election superintendent) required by this article, are prima facie presumed to be properly and legally performed. If legality of election is attacked, burden of proof is on complaining party to overcome it. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947) (decided under Ga. L. 1941, p. 199), overruled on other grounds, Domin v. State, 85 Ga. App. 676, 70 S.E.2d 39 (1952).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --
In light of the similarity of the provisions, opinions under Ga. L. 1937-38, Ex. Sess., p. 103, are included in the annotations for this article.
WHERE COUNTY HAS VOTED TO ADOPT RULES AND REGULATIONS FOR SALE OF ALCOHOLIC LIQUORS IN COUNTY, EACH AND EVERY CITY MUST RESPOND TO REFERENDUM and cannot arbitrarily refuse to issue licenses where majority of those in county have voted in affirmative. 1965-66 Op. Att'y Gen. No. 65-36.
HOLDING ELECTION WITHIN TWO YEARS OF PREVIOUS ELECTION. --Under Ga. L. 1937-38, Ex. Sess., p. 103 (see § 3-4-41) the holding by a municipality of an additional election under this article within two years of a previous such election which resulted in a tie vote is prohibited. 1978 Op. Att'y Gen. No. 78-18.
RESEARCH REFERENCES
ALR. --Change of "wet" or "dry" status fixed by local option election by change of name, character, or boundaries of voting unit, without later election, 25 ALR2d 863.
Power of legislative body to amend, repeal, or abrogate initiative or referendum measure, or to enact measure defeated on referendum, 33 ALR2d 1118.
EDITOR'S NOTES. --The functions of calling and supervising special elections to determine whether the issuance of licenses for the package sale of distilled spirits shall be approved, formerly performed by the ordinary (now judge of probate court) of a county or the mayor of a municipality, have been vested in the election superintendent of the county or municipality by Ga. L. 1980, p. 1573, § 1. For definition of election superintendent, see §§ 21-2-2(30), 21-3-2(31).
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under Ga. L. 1937-38, Ex. Sess., p. 103 and Ga. L. 1941, p. 199, are included in the annotations for this article.
PROCEDURE FOR CALLING ELECTIONS. --The election contemplated by Ga. L. 1937-38, Ex. Sess., p. 103 (see § 3-4-41) will be called upon a petition signed by at least 35 percent of registered voters "qualified to vote at the general election immediately preceding the presentation of the petition," and while Ga. L. 1941, p. 199 (see § 3-4-47) does not contain the language shown in quotes, proper construction of this article requires that the elections be called in the same manner. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947) (decided under Ga. L. 1941, p. 199), overruled on other grounds, Domin v. State, 85 Ga. App. 676, 70 S.E.2d 39 (1952).
INJUNCTION AGAINST LAWFULLY OPERATED LIQUOR STORE AS NUISANCE. --Lawful operation of properly licensed package liquor store is an authorized business in those counties where a majority of qualified voters voting in an election for such purpose have approved the sale of liquor, and cannot be enjoined as a nuisance per se, since that which the law authorizes to be done, if done as the law authorizes, is not such a nuisance. Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946) (decided under Ga. L. 1937-38, Ex. Sess., p. 103).
PRESUMPTION THAT ELECTION SUPERINTENDENT PROPERLY PERFORMED DUTIES. --All duties of the ordinary (election superintendent) required by this article, are prima facie presumed to be properly and legally performed. If legality of election is attacked, burden of proof is on complaining party to overcome it. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947) (decided under Ga. L. 1941, p. 199), overruled on other grounds, Domin v. State, 85 Ga. App. 676, 70 S.E.2d 39 (1952).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --
In light of the similarity of the provisions, opinions under Ga. L. 1937-38, Ex. Sess., p. 103, are included in the annotations for this article.
WHERE COUNTY HAS VOTED TO ADOPT RULES AND REGULATIONS FOR SALE OF ALCOHOLIC LIQUORS IN COUNTY, EACH AND EVERY CITY MUST RESPOND TO REFERENDUM and cannot arbitrarily refuse to issue licenses where majority of those in county have voted in affirmative. 1965-66 Op. Att'y Gen. No. 65-36.
HOLDING ELECTION WITHIN TWO YEARS OF PREVIOUS ELECTION. --Under Ga. L. 1937-38, Ex. Sess., p. 103 (see § 3-4-41) the holding by a municipality of an additional election under this article within two years of a previous such election which resulted in a tie vote is prohibited. 1978 Op. Att'y Gen. No. 78-18.
RESEARCH REFERENCES
ALR. --Change of "wet" or "dry" status fixed by local option election by change of name, character, or boundaries of voting unit, without later election, 25 ALR2d 863.
Power of legislative body to amend, repeal, or abrogate initiative or referendum measure, or to enact measure defeated on referendum, 33 ALR2d 1118.