2017 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 5 - Malt Beverages
Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale
§ 3-5-38. (Repealed effective September 1, 2017) Permits for free tasting of malt beverages during educational and promotional brewery tours; merchandising; fees for tours; selling of beverages; administration

Universal Citation: GA Code § 3-5-38 (2017)

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(a) As used in this Code section, the term:
- (1) "Brewery tour" means guided access to the manufacturing portion of the licensed premises of a brewer.
- (2) "Free souvenir" means a complimentary sealed container or containers of malt beverages with a total liquid capacity that does not exceed 72 ounces.
- (3) "Free tastings" means the provision of complimentary samples of malt beverages to the public for consumption on the premises of a brewer.
- (4) "Sample" means a quantity of malt beverages manufactured by the brewer.

(b) (1) A brewer licensed in this state may apply to the commissioner for an annual permit authorizing such brewer to conduct educational and promotional brewery tours on the licensed premises of the brewer, free of charge or for a fee, which may include:
- (A) Free souvenirs;
- (B) Free food; and
- (C) Free tastings on the licensed premises of the brewery of malt beverages manufactured by such brewer.
  - (2) No brewer providing free souvenirs pursuant to this subsection shall provide, directly or indirectly, more than one free souvenir to the same individual in one calendar day. Each free souvenir shall consist of malt beverages manufactured by the brewer on the licensed premises.
  - (3) No brewer conducting free tastings pursuant to this subsection shall provide, directly or indirectly, to the same individual in one calendar day more than 36 ounces of malt beverages for consumption on the premises. Free tastings shall be held in a designated tasting area on the licensed premises of the brewer and all open bottles containing malt beverages shall be visible at all times.
  - (4) Free souvenirs shall only be provided after the brewery tour and only to individuals who have attended a brewery tour on the same calendar day. Free tastings and free food may be provided before, during, and after a brewery tour. An individual shall be 21 years of age or older to receive a free souvenir or free tasting.
  - (5) The brewer shall pay all excise and use taxes on any samples and all use taxes on any free souvenirs provided pursuant to this subsection.

(c) A brewer may provide to the public free of charge or for a fee merchandise such as shirts, glasses, and other promotional items which do not contain alcoholic beverages.

(d) If a brewer chooses to charge a fee for a brewery tour pursuant to subsection (b) of this Code section, such brewer may charge varying fees for the brewery tours, provided that such fees are charged prior to the beginning of such tour. The provision of malt beverages by a brewer as part of a brewery tour pursuant to this Code section shall not be deemed a retail sale of alcoholic beverages.

(e) No alcoholic beverages shall be sold on any licensed premises for which a permit has been issued pursuant to this Code section.

(f) The department shall promulgate and enforce such rules and regulations as it may deem necessary to effectuate the provisions of this Code section.

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