2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 3 - Regulation of Alcoholic Beverages Generally
Article 2 - Prohibited Acts
§ 3-3-26. Prohibition on Drinking of Alcoholic Beverages on Retail Package Premises; Sampling Permitted; Regulation

1. Except as provided in this Code section or Chapter 15 of this title, no retail package liquor store shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold.
2. Nothing in this title shall be construed to prohibit a representative or salesperson of a manufacturer or wholesaler from opening a package of alcoholic beverages on the premises of a retail package liquor store or other retail dealer for the purpose of providing samples of such alcoholic beverage product to a retail dealer or its employees for consumption on the licensed premises, provided that:
   1. All samples are provided and consumed in the presence of a representative or salesperson of the manufacturer or wholesaler in an office, storage room, or other area of the licensed premises of the retail dealer that is closed to the public; and
   2. Such representative or salesperson of the manufacturer or wholesaler removes from the licensed premises any packages he or she brought onto such licensed premises in order to provide samples of alcoholic beverage products.

      For purposes of this subsection, the term "sample" means a small amount of any malt beverage, wine, or distilled spirits.

3. The commissioner shall promulgate and enforce such rules and regulations as he or she may deem reasonable and necessary to effectuate the provisions of this Code section.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Code 1933, § 5A-513, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2020, p. 615, § 5/HB 879.)

The 2020 amendment, effective August 3, 2020, designated the existing provisions as subsection (a); in subsection (a), substituted "Except as provided in this Code section or Chapter 15 of this title, no retail package liquor store" for "No retail dealer" at the beginning and deleted the former last sentence, which read: "This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises."; and added subsections (b) and (c).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, decisions rendered under former Code 1933, § 58-1027 are included in the annotations for this Code section.

Under former Code 1933, § 58-1027, it was unlawful to permit sale of spirituous liquors and whiskeys, as defined in former Code 1933, § 58-1011, in unbroken packages or by the drink to be consumed on premises. 1954-56 Op. Att'y Gen. p. 460 (rendered under former Code 1993 § 58-1027).