2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 5 - Malt Beverages
Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale


Cross references.

- Occupational taxes generally, T. 48, C. 13.

JUDICIAL DECISIONS

Sale of malt beverages is a privilege, and denial of license does not deprive accused of anything to which the accused has an absolute right. Collier v. State, 54 Ga. App. 346, 187 S.E. 843 (1936); Ebling v. City of Rome, 54 Ga. App. 608, 188 S.E. 727 (1936); Acree v. Ragsdale, 60 Ga. App. 717, 4 S.E.2d 708 (1939); Lamb v. Fedderwitz, 68 Ga. App. 233, 22 S.E.2d 657 (1942), aff'd, 195 Ga. 691, 25 S.E.2d 414 (1943); Hudon v. North Atlanta, 108 Ga. App. 370, 133 S.E.2d 58 (1963).

Nature of license and power of revocation.

- A license to sell beer in this state is neither a contract nor a right of property within legal and constitutional meaning of those terms. It is no more than a temporary permit to do that which would otherwise be unlawful, and forms part of the internal police system of this state. Hence, authority which granted license retains power to revoke it for due cause. Ebling v. City of Rome, 54 Ga. 608, 188 S.E. 727 (1936).

Charge that sale of alcoholic beverages has been made without alleging that no license has been obtained does not constitute crime. Plemmons v. State, 58 Ga. App. 131, 198 S.E. 104 (1938).

OPINIONS OF THE ATTORNEY GENERAL

A license to deal in malt beverages is not a right but a privilege. 1948-49 Op. Att'y Gen. p. 264.

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