| Article 1. GENERAL PROVISIONS |
| Article 2. STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE |
| Article 3. LOCAL LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE |
| Article 4. EXCISE TAXATION |
REFS & ANNOS
TITLE 3 Chapter 5 NOTE
LAW REVIEWS. --For note, "Beer, Liquor, or a Little Bit of Both? Getting to the Bottom of Properly Classifying Flavored Malt Beverages in the United States and Australia," see 39 Ga. J. Int'l & Comp. L. 471 (2011).
ADMINISTRATIVE RULES AND REGULATIONS. --Malt beverage regulations, Official Compilation of Rules and Regulations of State of Georgia, Rules of Department of Revenue, Chapter 560-2-4.
JUDICIAL DECISIONS
DUE PROCESS NOT DENIED. --This chapter does not deprive petitioner of due process of law, but provides for privilege which may be granted or denied in discretion of local authorities. Tate v. Seymour, 181 Ga. 801, 184 S.E. 598 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
THE TERMS "MALT BEVERAGE" AND "BEER" AS USED IN THIS CHAPTER ARE, IN EFFECT, SYNONYMOUS. Bilbo v. State, 73 Ga. App. 680, 37 S.E.2d 812 (1946); Turnbow v. State, 153 Ga. App. 479, 265 S.E.2d 832 (1980) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
POSSESSION OR SALE OF MALT BEVERAGES IS NOT ILLEGAL, PROVIDED SELLER HAS BEEN LICENSED UNDER THIS CHAPTER. Carter v. State, 60 Ga. App. 758, 5 S.E.2d 244 (1939) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL
HOME BREW IS A MALT BEVERAGE and its manufacture is subject to this chapter notwithstanding that the alcoholic content exceeds 6 percent by volume. 1962 Op. Att'y Gen. p. 297 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
REFERENDUM FOR SALE OF BEER. --There is no provision in this chapter for referendum relative to sale of beer in any county or municipality, and if such referendum is held it is not binding on governing authorities. 1952-53 Op. Att'y Gen. p. 457 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
RESEARCH REFERENCES
AM. JUR. 2D. --45 Am. Jur. 2d, Intoxicating Liquors, §§ 1, 2, 107, 109, 166, 191, 201, 207 et seq., 298. 71 Am. Jur. 2d, State and Local Taxation, §§ 190, 335.
C.J.S. --48 C.J.S., Intoxicating Liquors, §§ 11, 12, 20, 90.
ALR. --Test of intoxicating character of liquor, 4 ALR 1137; 11 ALR 1233; 19 ALR 512; 36 ALR 725; 91 ALR 513.
Criminal responsibility of husband for violation of liquor law by wife, 19 ALR 136; 27 ALR 312.
ADMINISTRATIVE RULES AND REGULATIONS. --Malt beverage regulations, Official Compilation of Rules and Regulations of State of Georgia, Rules of Department of Revenue, Chapter 560-2-4.
JUDICIAL DECISIONS
DUE PROCESS NOT DENIED. --This chapter does not deprive petitioner of due process of law, but provides for privilege which may be granted or denied in discretion of local authorities. Tate v. Seymour, 181 Ga. 801, 184 S.E. 598 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
THE TERMS "MALT BEVERAGE" AND "BEER" AS USED IN THIS CHAPTER ARE, IN EFFECT, SYNONYMOUS. Bilbo v. State, 73 Ga. App. 680, 37 S.E.2d 812 (1946); Turnbow v. State, 153 Ga. App. 479, 265 S.E.2d 832 (1980) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
POSSESSION OR SALE OF MALT BEVERAGES IS NOT ILLEGAL, PROVIDED SELLER HAS BEEN LICENSED UNDER THIS CHAPTER. Carter v. State, 60 Ga. App. 758, 5 S.E.2d 244 (1939) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL
HOME BREW IS A MALT BEVERAGE and its manufacture is subject to this chapter notwithstanding that the alcoholic content exceeds 6 percent by volume. 1962 Op. Att'y Gen. p. 297 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
REFERENDUM FOR SALE OF BEER. --There is no provision in this chapter for referendum relative to sale of beer in any county or municipality, and if such referendum is held it is not binding on governing authorities. 1952-53 Op. Att'y Gen. p. 457 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
RESEARCH REFERENCES
AM. JUR. 2D. --45 Am. Jur. 2d, Intoxicating Liquors, §§ 1, 2, 107, 109, 166, 191, 201, 207 et seq., 298. 71 Am. Jur. 2d, State and Local Taxation, §§ 190, 335.
C.J.S. --48 C.J.S., Intoxicating Liquors, §§ 11, 12, 20, 90.
ALR. --Test of intoxicating character of liquor, 4 ALR 1137; 11 ALR 1233; 19 ALR 512; 36 ALR 725; 91 ALR 513.
Criminal responsibility of husband for violation of liquor law by wife, 19 ALR 136; 27 ALR 312.