2025 Code of Georgia
Title 3 - Alcoholic Beverages (Chs. 1 — 15)
Chapter 5 - Malt Beverages (Arts. 1 — 4)
Article 2 - State License Requirements and Regulations for Manufacture, Distribution, and Sale (§§ 3-5-20 — 3-5-38)
Annotations
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 Ga. App. LEXIS 574 (1936); Ebling v. City of Rome, 54 Ga. App. 608, 188 S. E. 727, 1936 Ga. App. LEXIS 712 (1936); Acree v. Ragsdale, 60 Ga. App. 717, 4 S. E.2d 708, 1939 Ga. App. LEXIS 151 (1939); Lamb v. Fedderwitz, 68 Ga. App. 233, 22 S. E.2d 657, 1942 Ga. App. LEXIS 100 (1942), aff'd, 195 Ga. 691, 25 S. E.2d 414, 1943 Ga. LEXIS 551 (1943); Hudon v. North Atlanta, 108 Ga. App. 370, 133 S. E.2d 58, 1963 Ga. App. LEXIS 647 (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. App. 608, 188 S. E. 727, 1936 Ga. App. LEXIS 712 (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 Ga. App. LEXIS 203 (1938).
Opinion Notes
OPINIONS OF THE ATTORNEY GENERAL A license to deal in malt beverages is not a right but a privilege.1948-49 Ga. Op. Att'y Gen. 264.
Research References & Practice Aids
Cross references.Occupational taxes generally, T. 48, C. 13.
Hierarchy Notes:O. C. G. A. Title 3
O. C. G. A. Title 3, Ch. 5
- § 3-5-20. Levy and amount of state occupational license tax; application for license
- § 3-5-21. Sale, offer for sale, or possession of bottles or cans not having prescribed identification on crowns or lids; alternate identification for use on certain imported bottles or containers
- § 3-5-22. [Reserved] Shipment of malt beverages within or into state without license prohibited; requirement as to furnishing of labels of beverages to be shipped into state for first time
- § 3-5-23. License for manufacture of malt beverages — Grounds and procedure for revocation generally
- § 3-5-24. License for manufacture of malt beverages — Rights conferred; separate revocation of licenses for sale of malt beverages for resale within and outside state authorized; effect of revocation on sale within state
- § 3-5-24.1. Exception to three-tier system; transfer of liquids; sales at brewer’s licensed premises; taxing; regulatory authority; conditions or limitations
- § 3-5-25. License for manufacture of malt beverages — Renewal
- § 3-5-25.1. License for manufacture of malt beverages — Bond required on application for license or renewal
- § 3-5-26. Persons to whom malt beverages may be sold by wholesale dealers
- § 3-5-27. Malt beverages acquired by retail dealers from persons other than licensed wholesale dealers declared contraband
- § 3-5-28. Delivery, receipt, and storage of malt beverages sold by wholesale dealers to retail dealers
- § 3-5-29. Brewer-wholesaler relations — "Agreement" defined
- § 3-5-30. Brewer-wholesaler relations — Purpose; intent; enforcement
- § 3-5-31. Brewer-wholesaler relations — License requirement for shippers of beer; application
- § 3-5-32. Brewer-wholesaler relations — Conflicts of interest
- § 3-5-33. Brewer-wholesaler relations — Prohibited acts
- § 3-5-34. Brewer-wholesaler relations — Applicability of Code Sections 3-5-29 through 3-5-33
- § 3-5-35. Declaration of policy; "brewpubs"
- § 3-5-36. "Brewpub" exception to three-tier distribution system
- § 3-5-37. "Brewpub" exception; rules and regulations
- § 3-5-38. [Repealed] Permits for free tasting of malt beverages during educational and promotional brewery tours; merchandising; fees for tours; selling of beverages; administration
