2020 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 5 - Malt Beverages
Article 3 - Local License Requirements and Regulations for Manufacture, Distribution, and Sale
§ 3-5-42. Requirement and Issuance of Municipal Licenses Generally; Requirement by County of License for Business Licensed by Municipality
- If any business allowed under this chapter is proposed to be carried on within the corporate limits of a municipality, the applicant for a license shall pay to the proper officer, to be designated by the governing authority of the municipality, an annual license fee as fixed by the governing authority. The license shall apply to and be required for each brewer or place of manufacture and also for each place of wholesale and retail distribution.
- When any of the businesses described in this Code section are licensed by the municipal governing authority, no county license fee shall be required by the county governing authority.
(Ga. L. 1935, p. 73, § 7; Code 1933, § 5A-4302, enacted by Ga. L. 1980, p. 1573, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Effect of referendum on right of governing authorities to issue licenses.
- Former Code 1933, §§ 58-716 and 58-717 (see now O.C.G.A. §§ 3-5-41 and 35-42) gave municipal or county authorities the right to issue licenses for sale of malt beverages; it was solely within the discretion of such governing authorities to issue or not to issue a license, and an election called to determine if the sale of malt beverages should be allowed or prohibited would have no legal effect upon such governing authorities. 1950-51 Op. Att'y Gen. p. 362.
Dual taxation is not permissible. 1963-65 Op. Att'y Gen. p. 451.
Person who procures proper license from governing authorities of municipality may legally sell beer in such municipality notwithstanding fact that county is dry. 1952-53 Op. Att'y Gen. p. 218.
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 94, 105, 109, 122. 57 Am. Jur. 2d, Municipal, School, and State Tort Liability, § 166 et seq.
14C Am. Jur. Pleading and Practice Forms, Intoxicating Liquors, §§ 7 et seq., 15 et seq.
C.J.S.- 48 C.J.S., Intoxicating Liquors, §§ 84, 86, 92 et seq., 165.
ALR.
- Power to limit the number of intoxicating liquor licenses, 163 A.L.R. 581.
