2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 4 - Distilled Spirits
Article 5 - Sales by the Drink
§ 3-4-110. Adoption of Local Rules and Regulations Governing Issuance of Licenses and Conduct of Licensees

The governing authority of every county and municipality authorized to issue licenses as provided in this article shall have the power and authority to adopt all reasonable rules and regulations governing the qualifications and criteria for the issuance of any licenses for the sale of distilled spirits by the drink and shall further have the power to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this article, including, but not limited to, the regulation of hours of business, types of employees, and other matters which may fall within the police powers of such municipalities or counties. These powers shall be exercised only after the authority to do so has been granted pursuant to the procedures prescribed in Code Section 3-4-91 or 3-4-92.

(Ga. L. 1964, p. 771, § 1; Ga. L. 1969, p. 1140, §§ 1-4; Ga. L. 1972, p. 207, § 13; Ga. L. 1973, p. 610, § 1; Code 1933, § 5A-2904, enacted by Ga. L. 1980, p. 1573, § 1.)

- For comment on Moose Lodge v. Irvis, 407 U.S. 163, 92 S. Ct. 1965, 32 L. Ed. 2d 627 (1972), holding the granting of a liquor license to a discriminatory private club insufficient to constitute state action prohibited by the fourteenth amendment, see 22 J. of Pub. L. 281 (1973).

JUDICIAL DECISIONS

Effect of county referendum on municipality.

- A municipality which has not conducted a local referendum, but is located within a county which has held a referendum, is not empowered by the result of the county referendum to allow liquor by the drink sales. Price v. City of Snellville, 253 Ga. 166, 317 S.E.2d 834 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 15, 90 et seq.

- Power to exact license fees or impose a penalty for benefit of private individual or corporation, 13 A.L.R. 828; 19 A.L.R. 205.

Contributory negligence as defense to action based on violation of statute or ordinance as to condition of premises of seller of intoxicating liquor, 144 A.L.R. 827.

Validity of statute or rule which makes specified conduct or condition a ground for cancellation or suspension of license, irrespective of licensee's personal fault, 3 A.L.R.2d 107.

Regulations forbidding employees or entertainers from drinking or mingling with patrons, or soliciting drinks from them, 99 A.L.R.2d 1216.