2021 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 4 - Distilled Spirits
Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales
§ 3-4-40. Requirement as to Approval by Referendum Elections of Issuance of Licenses Generally
Licenses for the package sale of distilled spirits shall be authorized only in those counties and municipalities in which the issuance of such licenses is approved by a referendum election as provided in this article.
(Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, § 5A-2301, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 2017, p. 820, § 2/HB 485.)
The 2017 amendment, effective May 9, 2017, in this Code section, substituted "Licenses for the package sale of distilled spirits shall be" for "Licenses provided for in this article are" near the beginning and substituted "by a referendum election" for "by referendum" near the end.
Law reviews.- For comment on Collins v. Lanier, 201 Ga. 527, 40 S.E.2d 424 (1946), see 9 Ga. B. J. 325 (1947).
JUDICIAL DECISIONS
Limits of governing authority's discretion after vote for legalization.
- Where a county or municipality has voted in favor of legalizing sale of distilled spirits, the governing authority of county or municipality is vested with wide discretion in regulation of authorized businesses, but it is not authorized to prohibit such businesses and refuse to exercise its discretion. Stephens v. Moran, 221 Ga. 4, 142 S.E.2d 845 (1965).
OPINIONS OF THE ATTORNEY GENERAL
Municipal citizens voting in county-wide elections.
- Registered and qualified voters in municipal elections may sign petitions and vote in both municipal and county elections held pursuant to O.C.G.A. § 3-4-41, but a county referendum is only binding on the unincorporated areas of the county. 1985 Op. Att'y Gen. No. U85-48.
Legislative intent.- The purpose of this section is to prohibit the collection of a license or tax levied on manufacture, sale, and distribution of distilled spirits and alcohol as authorized by this law in those counties which have not voted in favor of taxing and controlling alcoholic beverages and liquors. 1945-47 Op. Att'y Gen. p. 377.
Holding elections as to mixed drinks at same time as other elections.- Election as to mixed drinks provided for in Ga. L. 1964, p. 771 may not be held in conjunction with any other election. 1972 Op. Att'y Gen. No. U72-81.
RESEARCH REFERENCES
Am. Jur. 2d.
- 45 Am. Jur. 2d, Intoxicating Liquors, §§ 58 et seq., 63 et seq., 347.
C.J.S.- 48 C.J.S., Intoxicating Liquors, § 104 et seq.
