2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 4 - Distilled Spirits
Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales


Cross references.

- Sale and possession of distilled spirits in dry counties and municipalities generally, T. 3, C. 10.

Editor's notes.

- The functions of calling and supervising special elections to determine whether the issuance of licenses for the package sale of distilled spirits shall be approved, formerly performed by the ordinary (now judge of probate court) of a county or the mayor of a municipality, have been vested in the election superintendent of the county or municipality by Ga. L. 1980, p. 1573, § 1. For definition of election superintendent, see §§ 21-2-2(30),21-3-2(31).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937-38, Ex. Sess., p. 103 and Ga. L. 1941, p. 199, are included in the annotations for this article.

Procedure for calling elections.

- The election contemplated by Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-4-41) will be called upon a petition signed by at least 35 percent of registered voters "qualified to vote at the general election immediately preceding the presentation of the petition," and while Ga. L. 1941, p. 199 (see now O.C.G.A. § 3-4-47) does not contain the language shown in quotes, proper construction of this article requires that the elections be called in the same manner. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947).

Injunction against lawfully operated liquor store as nuisance.

- Lawful operation of properly licensed package liquor store is an authorized business in those counties where a majority of qualified voters voting in an election for such purpose have approved the sale of liquor, and cannot be enjoined as a nuisance per se, since that which the law authorizes to be done, if done as the law authorizes, is not such a nuisance. Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946) (decided under Ga. L. 1937-38, Ex. Sess., p. 103).

Presumption that election superintendent properly performed duties.

- All duties of the ordinary (election superintendent) required by Ga. L. 1941, p. 199, are prima facie presumed to be properly and legally performed. If legality of election is attacked, burden of proof is on complaining party to overcome it. Glass v. State, 75 Ga. App. 602, 44 S.E.2d 143 (1947).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions rendered under Ga. L. 1937-38, Ex. Sess., p. 103, are included in the annotations for this article.

Where county has voted to adopt rules and regulations for sale of alcoholic liquors in county, each and every city must respond to referendum and cannot arbitrarily refuse to issue licenses where majority of those in county have voted in affirmative. 1965-66 Op. Att'y Gen. No. 65-36.

Holding election within two years of previous election.

- Under Ga. L. 1937-38, Ex. Sess., p. 103 (see now O.C.G.A. § 3-4-41) the holding by a municipality of an additional election under this article within two years of a previous such election which resulted in a tie vote is prohibited. 1978 Op. Att'y Gen. No. 78-18.

RESEARCH REFERENCES

ALR.

- Change of "wet" or "dry" status fixed by local option election by change of name, character, or boundaries of voting unit, without later election, 25 A.L.R.2d 863.

Power of legislative body to amend, repeal, or abrogate initiative or referendum measure, or to enact measure defeated on referendum, 33 A.L.R.2d 1118.

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