Section 3-6-21.3. Sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises

   (a) As used in this Code section, the term:

   (1) "Affiliate" means any person controlling, controlled by, or under common control with a farm winery.

   (2) "Farm winery" means a farm winery as defined in Code Section 3-6-21.1 that is located in Georgia.

   (3) "Tasting room" has the meaning provided by Code Section 3-6-21.1.

(b) (1) Notwithstanding any other provision of this title to the contrary, in all counties or municipalities in which the sale of wine is lawful, the commissioner may authorize any farm winery licensee to sell its wine and the wine of any other farm winery licensee for consumption on the premises at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery.

   (2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by a farm winery for consumption in its tasting rooms and at facilities located on the premises of the winery or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices.

Code 1981, § 3-6-21.3, enacted by Ga. L. 1997, p. 397, § 1; Ga. L. 2001, p. 1026, § 1; Ga. L. 2008, p. 773, § 2/HB 393.