2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 3 - Regulation of Alcoholic Beverages Generally
Article 2 - Prohibited Acts
§ 3-3-20. Sale of Alcoholic Beverages on Sundays, Election Days, and Christmas Day

1. Except as provided in subsection (d) of this Code section or except as specifically authorized by law, no person knowingly and intentionally shall sell or offer to sell alcoholic beverages on Sunday.
2. 1. As used in this subsection, the term "day" means that period of time beginning with the opening of the polls and ending with the closing of the polls.
   2. 1. Except as provided in subparagraph (B) of this paragraph and paragraph (3) of this subsection, in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day.
      2. The local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days. In any case where the governing authority of a county or municipality has passed an ordinance prohibiting the sale of alcoholic beverages on any election days as authorized by this subparagraph, such prohibition shall apply only within the territorial boundaries for which the election is held but such territorial boundaries shall not include any property owned or operated by a county, municipality, or other political subdivision of this state for airport purposes if no person resides on such publicly owned or operated property.
   3. 1. Notwithstanding any other provisions of this subsection, it shall be unlawful for any person to sell alcoholic beverages within 250 feet of any polling place or of the outer edge of any building within which such polling place is established on primary or election days.
      2. Any person violating the provisions of this paragraph shall be guilty of a misdemeanor.
3. The governing authority of any county or municipality may, by ordinance or resolution, prohibit the sale of alcoholic beverages on Christmas Day.
4. 1. In all municipalities within any county having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may be sold on Sundays between the hours of 12:30 P.M. and 12:00 Midnight at festivals.As used in this paragraph, the term "festival" means a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing; and which of necessity requires for its successful execution the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances.The definition of "festival," as used in this paragraph, does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger "festival," as defined in this paragraph.
   2. Notwithstanding the provisions of this subsection, all persons and entities selling alcoholic beverages pursuant to this subsection shall fully comply with all other applicable state and local license and permit requirements.

(Ga. L. 1937, p. 148, §§ 6, 7; Ga. L. 1937-38, Ex. Sess., p. 103, § 14; Ga. L. 1971, p. 864, § 1; Ga. L. 1972, p. 721, § 1; Ga. L. 1977, p. 1236, § 1; Code 1933, § 58-813, enacted by Ga. L. 1977, p. 1316, § 1; Code 1933, § 5A-507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 460, § 1; Ga. L. 1981, p. 1269, § 19; Ga. L. 1982, p. 890, § 1; Ga. L. 1984, p. 1688, § 1; Ga. L. 1985, p. 1508, § 1; Ga. L. 1986, p. 10, § 3; Ga. L. 1992, p. 1694, § 1; Ga. L. 2000, p. 1405, § 1.)

- For article, "Lawyers Who Represent Local Governments," see 23 Ga. St. B. J. 58 (1987). For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For article, "Regulation of Alcoholic Beverages Generally," see 28 Ga. St. U. L. Rev. 255 (2011). For article on alcoholic beverages, see 35 Ga. St. U. L. Rev. 1 (2018). For note on 2000 amendment of this Code section, see 17 Ga. St. U. L. Rev. 4 (2000).

Private clubs are covered by the prohibition against Sunday liquor sales, and a city could not by ordinance authorize sales which were expressly prohibited by state law. Cheshire Bridge Enters., Inc. v. State, 221 Ga. App. 426, 472 S.E.2d 6 (1996).

This section is not unconstitutional as a violation of the establishment clause. Neither on its face nor in its effect nor by its history does this legislation coercively aid a particular religion. Mere fact that police regulation parallels some religious commandment does not make it invalid as a religious enactment. Epstein v. Maddox, 277 F. Supp. 613 (N.D. Ga. 1967), aff'd, 401 F.2d 777 (5th Cir. 1968) (decided under Ga. L. 1937-38, Ex. Sess., p. 103).

- There was a rational basis for the statutory scheme which prohibited bars from selling alcohol on Sundays, but allowed eating establishments to sell alcohol on Sundays even if they did not serve food on Sundays; O.C.G.A. §§ 3-3-7 and3-3-20(a) did not violate equal protection and were upheld. State v. Heretic, Inc., 277 Ga. 275, 588 S.E.2d 224 (2003).

- Prohibition against sale of liquor on Sunday contained in predecessor to this section applied to sale of liquor by the drink for consumption on the premises. Hawes v. Dinkler, 224 Ga. 785, 164 S.E.2d 799 (1968) (decided under Ga. L. 1937-38, Ex. Sess., p. 103).

- Where petitioner sought to show existence of a public nuisance and amended petition by adding that the place was also one where beer was being sold on Sunday in violation of this section, effect of amendment was to amplify or give an additional reason why the place had become such a nuisance, and sale of beer on Sunday in violation of this section merely added to general character of the place as a public nuisance and did not undertake to add new cause of action. Davis v. State ex rel. Lanham, 199 Ga. 839, 35 S.E.2d 458 (1945) (decided under Ga. L. 1937, p. 148).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, annotations rendered under Ga. L. 1964, Ex. Sess. p. 26, § 1, making it a misdemeanor to sell alcoholic beverages on primary or election days, are included in the annotations for this Code section.

The term "territorial boundaries for which the election is held" as used in subparagraph (b)(2)(A) of O.C.G.A. § 3-3-20 means the territorial boundaries of the entire political subdivision which is conducting the election. 1984 Op. Att'y Gen. No. U84-51.

- A municipality may, pursuant to O.C.G.A. § 3-3-20, permit sales of alcoholic beverages on election days for county-wide elections notwithstanding a county ordinance which expressly prohibits sales of alcoholic beverages on election days. 1985 Op. Att'y Gen. No. U85-47.

- A restaurant which holds a license to sell beer and wine and does sell beer and wine during the weekdays would not be required to close on Sunday. 1957 Op. Att'y Gen. p. 175. (rendered under former Georgia Laws).

Malt beverage regulations may not be modified so as to permit the sale of malt beverages after the hours of the election or changed to limit the prohibition to state-wide elections, such as a general election or a state-wide primary. 1965-66 Op. Att'y Gen. No. 66-13. (Decided under Ga. L. 1964, Ex. Sess. p. 26, § 1).

- The term "election day," as formerly used in the Constitution, encompasses a period of time from midnight preceding the opening of the polls until midnight succeeding the closing of the polls. 1965-66 Op. Att'y Gen. No. 66-13. (Decided under Ga. L. 1964, Ex. Sess. p. 26, § 1).

Section applies to school or hospital bond elections. 1965-66 Op. Att'y Gen. No. 65-17. (Decided under Ga. L. 1964, Ex. Sess. p. 26, § 1).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 214, 228, 231, 238. 73 Am. Jur. 2d, Sundays and Holidays, §§ 3 et seq., 25 et seq., 47 et seq.

- 48 C.J.S., Intoxicating Liquors, §§ 83, 84, 85, 86, 425 et seq., 451, 499.

- Power of municipal corporation to legislate as to Sunday observance, 37 A.L.R. 575.

Power to extend Sunday observance laws beyond Sunday hours, 50 A.L.R. 628.

Contributory negligence allegedly contributing to cause of injury as defense in Civil Damage Act proceeding, 64 A.L.R.3d 849.

Proof of causation of intoxication as a prerequisite to recovery under Civil Damage Act, 64 A.L.R.3d 882.

Civil Damage Act: liability of one who furnishes liquor to another for consumption by third parties, for injury caused by consumer, 64 A.L.R.3d 922.

What constitutes "sale" of liquor in violation of statute or ordinance, 89 A.L.R.3d 551.

What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.

Validity, construction, and effect of "Sunday closing" or "blue" laws - modern status, 10 A.L.R.4th 246.

Validity, under federal and state establishment of religion provisions, of prohibition of sale of intoxicating liquors on specific religious holidays, 27 A.L.R.4th 1155.