2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 4 - Distilled Spirits
Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales
§ 3-4-47. Adoption of Resolutions and Ordinances; Determination of Location of Retail or Businesses Licensed by Local Governing Authorities

1. A municipality or county may adopt resolutions and ordinances, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed place of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application.
2. The local governing authority of a municipality or county issuing licenses pursuant to this article shall within its jurisdiction have the authority to determine the location of any retail business it licenses, not inconsistent with this title.

(Ga. L. 1937-38, Ex. Sess., p. 103, § 9; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2312, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 1269, § 29; Ga. L. 1997, p. 1588, § 1; Code 1981, §3-4-49; Code 1981, §3-4-47, as redesignated by Ga. L. 2017, p. 820, § 2/HB 485.)

The 2017 amendment, effective May 9, 2017, redesignated former Code Section 3-4-49 as this Code section; substituted "resolutions and ordinances" for "all reasonable rules and regulations" near the beginning of the first sentence of subsection (a); and substituted the present provisions of subsection (b) for the former provisions, which read: "All municipal and county authorities issuing licenses shall within their respective jurisdictions have authority to determine the location of any distillery, wholesale business, or retail business licensed by them, not inconsistent with this title.".

- Ga. L. 2017, p. 820, § 2/HB 485, effective May 9, 2017, redesignated former Code Section 3-4-47 as present Code Section 3-4-46.

Municipal ordinance which provides for automatic loss of a liquor license upon cessation of business is not inconsistent with this title because it permits cancellation without notice and hearing, allegedly required by § 3-2-3, because no hearing is required where revocation of license is expressly required by ordinance. City Council v. Crump, 251 Ga. 594, 308 S.E.2d 180 (1983) (decided prior to 1982 amendment of § 3-2-3).

Authority for municipality to impose special license tax of set amount per case of liquor, payable cash-on-delivery, is not supplied by Ga. L. 1937-38, Ex. Sess., p. 103, § 9 (see now O.C.G.A. § 3-4-47). City of Atlanta v. Henry Grady Hotel Corp., 220 Ga. 249, 138 S.E.2d 362 (1964).

OPINIONS OF THE ATTORNEY GENERAL

Exclusiveness of county regulation.

- No valid local or special law could be enacted which would give county power to tax and regulate liquor therein to the exclusion of such power in municipalities within county. 1971 Op. Att'y Gen. No. U71-8.

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, § 58 et seq.

- 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.

- Power to limit the number of intoxicating liquor licenses, 124 A.L.R. 825; 163 A.L.R. 581.

Construction of provision precluding sale of intoxicating liquors within specified distance from another establishment selling such liquors, 7 A.L.R.3d 809.

Validity of municipal regulation more restrictive than state regulation as to time for selling or serving intoxicating liquor, 51 A.L.R.3d 1061.