2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 5 - Malt Beverages
- For note, "Beer, Liquor, or a Little Bit of Both? Getting to the Bottom of Properly Classifying Flavored Malt Beverages in the United States and Australia," see 39 Ga. J. Int'l & Comp. L. 471 (2011).
Administrative Rules and Regulations.- Malt beverage regulations, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Alcohol and Tobacco Tax Unit, Chapter 560-2-7.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1935, Ex. Sess., p. 73 are included in the annotations for this chapter.
Due process not denied.
- This chapter does not deprive petitioner of due process of law, but provides for privilege which may be granted or denied in discretion of local authorities. Tate v. Seymour, 181 Ga. 801, 184 S.E. 598 (1936) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
The terms "malt beverage" and "beer" are, in effect, synonymous. Bilbo v. State, 73 Ga. App. 680, 37 S.E.2d 812 (1946); Turnbow v. State, 153 Ga. App. 479, 265 S.E.2d 832 (1980) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
Possession or sale of malt beverages is not illegal, provided seller has been licensed. Carter v. State, 60 Ga. App. 758, 5 S.E.2d 244 (1939) (decided under former Ga. L. 1935, Ex. Sess., p. 73).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1935, Ex. Sess., p. 73 are included in the annotations for this Code chapter.
Home brew is a malt beverage and its manufacture is subject to this chapter notwithstanding that the alcoholic content exceeds 6 percent by volume. 1962 Op. Att'y Gen. p. 297 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
Referendum for sale of beer.- There is no provision in this chapter for referendum relative to sale of beer in any county or municipality, and if such referendum is held it is not binding on governing authorities. 1952-53 Op. Att'y Gen. p. 457 (decided under former Ga. L. 1935, Ex. Sess., p. 73).
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 7, 8, 9, 187, 317. 71 Am. Jur. 2d, State and Local Taxation, §§ 178 et seq., 309 et seq.
C.J.S.- 48 C.J.S., Intoxicating Liquors, § 14.
ALR.
- Test of intoxicating character of liquor, 4 A.L.R. 1137; 11 A.L.R. 1233; 19 A.L.R. 512; 36 A.L.R. 725; 91 A.L.R. 513.
Criminal responsibility of husband for violation of liquor law by wife, 19 A.L.R. 136; 27 A.L.R. 312.
