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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 3. ALCOHOLIC BEVERAGES |
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Chapter 5. MALT BEVERAGES |
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Article 2. STATE LICENSE REQUIREMENTS AND REGULATIONS FOR MANUFACTURE, DISTRIBUTION, AND SALE |
| § 3-5-20. Levy and amount of state occupational license tax; annual reporting |
| § 3-5-21. Sale, offer for sale, or possession of bottles or cans not having prescribed identification on crowns or lids; alternate identification for use on certain imported bottles or containers |
| § 3-5-22. Shipment of malt beverages within or into state without license prohibited; requirement as to furnishing of labels of beverages to be shipped into state for first time |
| § 3-5-23. License for manufacture of malt beverages -- Grounds and procedure for revocation generally |
| § 3-5-25. License for manufacture of malt beverages -- Renewal |
| § 3-5-25.1. License for manufacture of malt beverages -- Bond required on application for license or renewal |
| § 3-5-26. Persons to whom malt beverages may be sold by wholesale dealers |
| § 3-5-27. Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband |
| § 3-5-28. Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers |
| § 3-5-29. Brewer-wholesaler relations -- "Agreement" defined |
| § 3-5-30. Brewer-wholesaler relations -- Purpose; intent; enforcement |
| § 3-5-31. Brewer-wholesaler relations -- License requirement for shippers of beer; application |
| § 3-5-32. Brewer-wholesaler relations -- Conflicts of interest |
| § 3-5-33. Brewer-wholesaler relations -- Prohibited acts |
| § 3-5-34. Brewer-wholesaler relations -- Applicability of Code Sections 3-5-29 through 3-5-33 |
| § 3-5-35. Declaration of policy; "brewpubs" |
| § 3-5-36. "Brewpub" exception to three-tier distribution system |
| § 3-5-37. "Brewpub" exception; rules and regulations |
| § 3-5-38. Permits for free tasting of malt beverages during educational and promotional brewery tours |
REFS & ANNOS
TITLE 3 Chapter 5 Article 2 NOTE
CROSS REFERENCES. --Occupational taxes generally, Ch. 13, T. 48.
JUDICIAL DECISIONS
SALE OF MALT BEVERAGES IS A PRIVILEGE, and denial of license does not deprive accused of anything to which he has absolute right. Collier v. State, 54 Ga. App. 346, 187 S.E. 843 (1936); Ebling v. City of Rome, 54 Ga. App. 608, 188 S.E. 727 (1936); Acree v. Ragsdale, 60 Ga. App. 717, 4 S.E.2d 708 (1939); Lamb v. Fedderwitz, 68 Ga. App. 233, 22 S.E.2d 657 (1942), aff'd, 195 Ga. 691, 25 S.E.2d 414 (1943); Hudon v. North Atlanta, 108 Ga. App. 370, 133 S.E.2d 58 (1963) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
NATURE OF LICENSE AND POWER OF REVOCATION. --A license to sell beer in this state is neither a contract nor a right of property within legal and constitutional meaning of those terms. It is no more than a temporary permit to do that which would otherwise be unlawful, and forms part of the internal police system of this state. Hence, authority which granted license retains power to revoke it for due cause. Ebling v. City of Rome, 54 Ga. 608, 188 S.E. 727 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
CHARGE THAT SALE OF ALCOHOLIC BEVERAGES HAS BEEN MADE WITHOUT ALLEGING THAT NO LICENSE HAS BEEN OBTAINED does not constitute crime under this chapter. Plemmons v. State, 58 Ga. App. 131, 198 S.E. 104 (1938) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL
A LICENSE TO DEAL IN MALT BEVERAGES IS NOT A RIGHT BUT A PRIVILEGE. 1948-49 Op. Att'y Gen. p. 264 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
JUDICIAL DECISIONS
SALE OF MALT BEVERAGES IS A PRIVILEGE, and denial of license does not deprive accused of anything to which he has absolute right. Collier v. State, 54 Ga. App. 346, 187 S.E. 843 (1936); Ebling v. City of Rome, 54 Ga. App. 608, 188 S.E. 727 (1936); Acree v. Ragsdale, 60 Ga. App. 717, 4 S.E.2d 708 (1939); Lamb v. Fedderwitz, 68 Ga. App. 233, 22 S.E.2d 657 (1942), aff'd, 195 Ga. 691, 25 S.E.2d 414 (1943); Hudon v. North Atlanta, 108 Ga. App. 370, 133 S.E.2d 58 (1963) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
NATURE OF LICENSE AND POWER OF REVOCATION. --A license to sell beer in this state is neither a contract nor a right of property within legal and constitutional meaning of those terms. It is no more than a temporary permit to do that which would otherwise be unlawful, and forms part of the internal police system of this state. Hence, authority which granted license retains power to revoke it for due cause. Ebling v. City of Rome, 54 Ga. 608, 188 S.E. 727 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
CHARGE THAT SALE OF ALCOHOLIC BEVERAGES HAS BEEN MADE WITHOUT ALLEGING THAT NO LICENSE HAS BEEN OBTAINED does not constitute crime under this chapter. Plemmons v. State, 58 Ga. App. 131, 198 S.E. 104 (1938) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL
A LICENSE TO DEAL IN MALT BEVERAGES IS NOT A RIGHT BUT A PRIVILEGE. 1948-49 Op. Att'y Gen. p. 264 (decided under former Ga. L. 1935, Ex. Sess., p. 73).