2021 Georgia Code
Title 3 - Alcoholic Beverages
Chapter 5 - Malt Beverages
Article 3 - Local License Requirements and Regulations for Manufacture, Distribution, and Sale
- § 3-5-40. Requirement by Counties or Municipalities of Licenses for Manufacture, Distribution, and Sale of Malt Beverages; Effect of Revocation of License Issued by Commissioner or by County or Municipality Upon License Issued by Other
- § 3-5-41. Requirement and Issuance of County Licenses Generally
- § 3-5-42. Requirement and Issuance of Municipal Licenses Generally; Requirement by County of License for Business Licensed by Municipality
- § 3-5-43. Restriction on Amount of License Fee Charged by County or Municipality Other Than That of Wholesale Dealer's Principal Place of Business
OPINIONS OF THE ATTORNEY GENERAL
- The General Assembly intended that business of selling malt beverages be in hands of some person other than licensing authority, and did not intend for municipality to be licensing power in municipality and also licensee. 1948-49 Op. Att'y Gen. p. 260.
General Assembly, in legalizing sale of malt beverages, intended for municipalities to be part of machinery for proper control and supervision of sale of malt beverages within municipalities, and did not intend to place municipalities in business of selling beer with public funds in competition with private business. 1948-49 Op. Att'y Gen. p. 260.No authority for municipalities to sell malt beverages.
- Unless express power has been generally conferred upon municipalities by General Assembly to engage in selling of malt beverages, as now legalized and codified, there is no authority of law for municipality to engage in such business. 1948-49 Op. Att'y Gen. p. 260.
A license to deal in malt beverages is not a right but a privilege. 1948-49 Op. Att'y Gen. p. 264.Sale of beer where county has voted "dry".
- Where county has voted "dry," it is still permissible for county, or any municipality therein, to issue licenses for sale of beer. 1954-56 Op. Att'y Gen. p. 455.