| 1 | 1 | | 25 LC 55 0405 |
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| 2 | 2 | | House Bill 126 |
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| 3 | 3 | | By: Representative Carpenter of the 4 |
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| 4 | 4 | | th |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, |
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| 9 | 9 | | 1 |
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| 10 | 10 | | so as to provide for the sale or distribution of alcoholic beverages purchased from designated2 |
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| 11 | 11 | | retail dealers by small businesses; to provide for the license and regulation of such small3 |
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| 12 | 12 | | businesses; to provide for the designation of retail dealers by such small businesses; to4 |
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| 13 | 13 | | provide for record keeping and reports; to provide for the transportation of alcoholic5 |
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| 14 | 14 | | beverages purchased from designated retail dealers by small businesses; to provide6 |
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| 15 | 15 | | requirements relating to the sale of alcoholic beverages to small businesses; to provide for7 |
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| 16 | 16 | | rules and regulations; to provide for penalties; to provide for related matters; to repeal8 |
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| 17 | 17 | | conflicting laws; and for other purposes.9 |
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| 18 | 18 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 19 | 19 | | SECTION 1.11 |
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| 20 | 20 | | Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is12 |
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| 21 | 21 | | amended by adding a new chapter to read as follows:13 |
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| 22 | 22 | | H. B. 126 |
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| 23 | 23 | | - 1 - 25 LC 55 0405 |
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| 24 | 24 | | "CHAPTER 1614 |
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| 25 | 25 | | 3-16-1.15 |
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| 26 | 26 | | As used in this chapter, the term:16 |
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| 27 | 27 | | (1) 'Alcoholic beverages' means distilled spirits, malt beverages, and wines.17 |
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| 28 | 28 | | (2) 'Small business' means a business enterprise whose gross annual revenue from the18 |
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| 29 | 29 | | sale of alcoholic beverages does not:19 |
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| 30 | 30 | | (1) Exceed $250,000.00; and20 |
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| 31 | 31 | | (2) Constitute more than 25 percent of such business enterprise's gross annual revenue21 |
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| 32 | 32 | | from all sources.22 |
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| 33 | 33 | | 3-16-2.23 |
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| 34 | 34 | | (a) Notwithstanding any other provision of this title to the contrary and subject to the24 |
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| 35 | 35 | | requirements of this chapter, in all counties or municipalities in which the sale of alcoholic25 |
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| 36 | 36 | | beverages is lawful, the commissioner may authorize a small business to sell or otherwise26 |
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| 37 | 37 | | distribute alcoholic beverages purchased from retail dealers for consumption on the27 |
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| 38 | 38 | | premises of such small business.28 |
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| 39 | 39 | | (b) All alcoholic beverages sold or otherwise distributed by a small business under this29 |
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| 40 | 40 | | chapter shall be purchased from a retail dealer that is designated by such small business as30 |
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| 41 | 41 | | provided in paragraph (1) of Code Section 3-16-3 and that is located in the same31 |
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| 42 | 42 | | municipality or, if not within a municipality, the same county in which the location of the32 |
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| 43 | 43 | | small business where such small business will sell or distribute such alcoholic beverages33 |
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| 44 | 44 | | is located.34 |
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| 45 | 45 | | 3-16-3.35 |
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| 46 | 46 | | In order for a small business to be authorized to sell or distribute alcoholic beverages36 |
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| 47 | 47 | | purchased from retail dealers under this chapter, such small business shall be required to:37 |
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| 48 | 48 | | H. B. 126 |
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| 49 | 49 | | - 2 - 25 LC 55 0405 |
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| 50 | 50 | | (1) Submit an application to the department in a form and manner as the commissioner38 |
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| 51 | 51 | | may prescribe, which application shall include the name of the small business, the name39 |
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| 52 | 52 | | or names of the owner or owners of such small business, the physical address of the40 |
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| 53 | 53 | | location where the small business will sell or distribute such alcoholic beverages, the total41 |
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| 54 | 54 | | gross revenue the small business received from the sale of alcoholic beverages in the42 |
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| 55 | 55 | | prior calendar year, the total revenue the small business received from all sources in the43 |
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| 56 | 56 | | prior calendar year, and the names and physical addresses of no more than three retail44 |
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| 57 | 57 | | dealers designated by such small business from which such small business will purchase45 |
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| 58 | 58 | | alcoholic beverages along with a signed statement from such retail dealers indicating that46 |
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| 59 | 59 | | they consent to such designation;47 |
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| 60 | 60 | | (2) Provide satisfactory reports to the commissioner on forms provided by the48 |
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| 61 | 61 | | department stating the quantity of any and all alcoholic beverages purchased from a49 |
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| 62 | 62 | | designated retail dealer and such other information as may be required by the50 |
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| 63 | 63 | | commissioner;51 |
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| 64 | 64 | | (3) Maintain accurate records, which shall be made available to the department upon52 |
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| 65 | 65 | | request, relating to:53 |
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| 66 | 66 | | (A) Any and all alcoholic beverages purchased by such small business from a54 |
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| 67 | 67 | | designated retail dealer;55 |
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| 68 | 68 | | (B) Any and all alcoholic beverages sold or distributed by such small business; and56 |
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| 69 | 69 | | (C) The revenue received by such small business from all sources; and57 |
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| 70 | 70 | | (4) Pay to the department an annual registration fee in an amount determined by the58 |
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| 71 | 71 | | commissioner, which shall not exceed $300.00.59 |
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| 72 | 72 | | 3-16-4.60 |
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| 73 | 73 | | (a) The commissioner shall issue to each small business authorized to sell or otherwise61 |
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| 74 | 74 | | distribute alcoholic beverages purchased from retail dealers under this chapter a license,62 |
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| 75 | 75 | | which shall be renewed annually.63 |
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| 76 | 76 | | H. B. 126 |
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| 77 | 77 | | - 3 - 25 LC 55 0405 |
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| 78 | 78 | | (b) A separate license under this chapter shall be required for each location of a small64 |
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| 79 | 79 | | business where such small business sells or otherwise distributes alcoholic beverages65 |
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| 80 | 80 | | purchased from retail dealers.66 |
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| 81 | 81 | | 3-16-5.67 |
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| 82 | 82 | | (a) Notwithstanding any other provision of this title to the contrary and subject to the68 |
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| 83 | 83 | | requirements of this Code section, a small business, or agent thereof, that is authorized to69 |
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| 84 | 84 | | sell or otherwise distribute alcoholic beverages purchased from retail dealers under this70 |
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| 85 | 85 | | chapter shall be authorized to purchase from a retail dealer designated by such owner as71 |
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| 86 | 86 | | provided in paragraph (1) of Code Section 3-16-3 alcoholic beverages for resale or72 |
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| 87 | 87 | | distribution for consumption on the premises of such small business that is identified in the73 |
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| 88 | 88 | | application submitted by such small business pursuant to paragraph (1) of Code Section74 |
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| 89 | 89 | | 3-16-3 and to transport such alcoholic beverages from such retail dealer to such premises.75 |
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| 90 | 90 | | (b) When purchasing alcoholic beverages from a retail dealer as authorized under this76 |
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| 91 | 91 | | chapter, the small business, or agent thereof, shall present to the retail dealer, at the time77 |
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| 92 | 92 | | of purchase, a valid license issued by the commissioner pursuant to Code Section 3-16-4.78 |
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| 93 | 93 | | (c) Each retail dealer designated by a small business as provided in paragraph (1) of Code79 |
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| 94 | 94 | | Section 3-16-3 shall maintain accurate records of any and all alcoholic beverages sold to80 |
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| 95 | 95 | | such small business and make such records available to the department upon request.81 |
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| 96 | 96 | | 3-16-6.82 |
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| 97 | 97 | | The commissioner shall promulgate and enforce such rules and regulations as he or she 83 |
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| 98 | 98 | | may deem reasonable and necessary to effectuate the provisions of this chapter.84 |
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| 99 | 99 | | 3-16-7.85 |
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| 100 | 100 | | (a)(1) Unless otherwise authorized by law, it shall be unlawful for a small business or86 |
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| 101 | 101 | | agent thereof to:87 |
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| 102 | 102 | | H. B. 126 |
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| 103 | 103 | | - 4 - 25 LC 55 0405 |
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| 104 | 104 | | (A) Purchase alcoholic beverages from a retail dealer without a valid license issued88 |
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| 105 | 105 | | pursuant to this chapter;89 |
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| 106 | 106 | | (B) Sell or otherwise distribute alcoholic beverages purchased from a retail dealer90 |
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| 107 | 107 | | without a valid license issued pursuant to this chapter;91 |
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| 108 | 108 | | (C) Purchase alcoholic beverages from a retail dealer that is not designated by such92 |
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| 109 | 109 | | small business as provided in paragraph (1) of Code Section 3-16-3; or93 |
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| 110 | 110 | | (D) Otherwise fail to comply with the provisions of this chapter or any rule or94 |
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| 111 | 111 | | regulation promulgated thereunder.95 |
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| 112 | 112 | | (2) Any person who knowingly violates any provision of paragraph (1) of this subsection96 |
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| 113 | 113 | | shall be guilty of a misdemeanor.97 |
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| 114 | 114 | | (3) In addition to the commissioner's power to suspend, revoke, or cancel licenses,98 |
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| 115 | 115 | | permits, or registrations issued pursuant to this chapter, upon a violation of paragraph (1)99 |
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| 116 | 116 | | of this subsection or any rule or regulation promulgated under this chapter by a small100 |
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| 117 | 117 | | business authorized to sell or distribute alcoholic beverages purchased from retail dealers101 |
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| 118 | 118 | | under this chapter, the commissioner shall have the power to impose on such small102 |
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| 119 | 119 | | business a fine not to exceed $500.00 for each violation and may suspend for up to 30103 |
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| 120 | 120 | | days for each violation the authorization of such small business to sell or otherwise104 |
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| 121 | 121 | | distribute alcoholic beverages purchased from retail dealers. For purposes of this105 |
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| 122 | 122 | | paragraph, any such violation committed by an employee or agent of a small business106 |
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| 123 | 123 | | shall be attributable to and deemed to be an act taken by such small business.107 |
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| 124 | 124 | | (b) In addition to the commissioner's power to suspend, revoke, or cancel licenses, permits,108 |
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| 125 | 125 | | or registrations issued pursuant to this title, upon a violation of subsection (c) of Code109 |
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| 126 | 126 | | Section 3-16-5 or any rule or regulation promulgated under this chapter by a retail dealer,110 |
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| 127 | 127 | | the commissioner shall have the power to impose on such retail dealer a fine not to exceed111 |
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| 128 | 128 | | $500.00 for each violation. For purposes of this subsection, any such violation committed112 |
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| 129 | 129 | | by an employee or agent of a retail dealer shall be attributable to and deemed to be an act113 |
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| 130 | 130 | | taken by such retail dealer."114 |
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| 131 | 131 | | H. B. 126 |
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| 132 | 132 | | - 5 - 25 LC 55 0405 |
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| 133 | 133 | | SECTION 2. |
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| 134 | 134 | | 115 |
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| 135 | 135 | | All laws and parts of laws in conflict with this Act are repealed.116 |
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| 136 | 136 | | H. B. 126 |
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| 137 | 137 | | - 6 - |
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