2025 Code of Georgia
Title 3 - Alcoholic Beverages (Chs. 1 — 15)

Annotations

Notes

In light of the similarity of the statutory provisions, annotations decided under former Ga. L. 1937-38, Ex. Sess. p. 103 are included in the annotations for this title.

JUDICIAL DECISIONS

Ga. L. 1937-38, Ex. Sess. p. 103 was both a law with a local option feature and a general law relating to both dry and wet counties. Bienert v. State, 82 Ga. App. 179, 60 S. E.2d 575, 1950 Ga. App. LEXIS 1080 (1950) (decided under former Ga. L. 1937-38, Ex. Sess. p. 103).

Regulations pertaining to sale of alcohol are entitled to special deference when challenged in court. The broad sweep of the Twenty-First Amendment has been recognized as conferring something more than normal state authority over public health, welfare, and morals. Trustees of Mtg. Trust of Am. v. Holland, 554 F.2d 237, 1977 U. S. App. LEXIS 12852 (5th Cir. 1977) (decided under former Ga. L. 1937-38, Ex. Sess. p. 103).

Research References & Practice Aids

Hospitalization, treatment, and care of alcoholics, T. 37, C. 7.

Criminal penalty for suspension of driver’s license for driving under influence of alcohol, §§ 40-5-54, 40-6-391.

For note discussing the twenty-first amendment’s limitation on state’s power to regulate alcoholic beverages, in light of United States v. State Tax Comm’n, 412 U. S. 363, 93 S. Ct. 2183, 37 L. Ed. 2d 1 (1973), see 10 Ga. St. B. J. 336 (1973).

For article surveying state and local tax law, see 76 Mercer L. Rev. 363 (2024).

Federal constitutional or legislative provisions as to intoxication liquors as affecting state legislation, 10 A. L. R. 1587; 11 A. L. R. 1320; 26 A. L. R. 661; 70 A. L. R. 132.

Power of legislature in aid of enforcement of prohibition against manufacture and sale of intoxicating liquor to prohibit manufacture, sale, or possession of nonintoxicating liquor, 88 A. L. R. 1094.

Entrapment to commit offense against laws regulating sales of liquor, 55 A. L. R.2d 1322.

Right to recover under civil damage or dramshop act for death of intoxicated person, 64 A. L. R.2d 705.

What constitutes injury to means of support within civil damage or dramshop act, 4 A. L. R.3d 1332.

Liability, under dramshop acts, of one who sells or furnishes liquor otherwise than in operation of regularly established liquor business, 8 A. L. R.3d 1412.

Security interests in liquor licenses, 56 A. L. R.4th 1131.

Zoning regulation of intoxicating liquor as pre-empted by state law, 65 A. L. R.4th 555.