| 1 | 1 | | 25 LC 55 0427 |
|---|
| 2 | 2 | | House Bill 210 |
|---|
| 3 | 3 | | By: Representatives Smith of the 18 |
|---|
| 4 | 4 | | th |
|---|
| 5 | 5 | | , Carpenter of the 4 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Hagan of the 156 |
|---|
| 8 | 8 | | th |
|---|
| 9 | 9 | | , Franklin of |
|---|
| 10 | 10 | | the 160 |
|---|
| 11 | 11 | | th |
|---|
| 12 | 12 | | , Cannon of the 172 |
|---|
| 13 | 13 | | nd |
|---|
| 14 | 14 | | , and others |
|---|
| 15 | 15 | | A BILL TO BE ENTITLED |
|---|
| 16 | 16 | | AN ACT |
|---|
| 17 | 17 | | To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, |
|---|
| 18 | 18 | | 1 |
|---|
| 19 | 19 | | so as to revise provisions relating to retail dealers of alcoholic beverages; to authorize the2 |
|---|
| 20 | 20 | | issuance or holding of a beneficial interest in additional retail dealer licenses; to require that3 |
|---|
| 21 | 21 | | the new location of a licensee of such additional retail dealer license be located in the same4 |
|---|
| 22 | 22 | | county as the location previously occupied; to increase the number of tasting events a retail5 |
|---|
| 23 | 23 | | package liquor store may conduct; to provide an effective date; to provide for related matters;6 |
|---|
| 24 | 24 | | to repeal conflicting laws; and for other purposes.7 |
|---|
| 25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
|---|
| 26 | 26 | | SECTION 1.9 |
|---|
| 27 | 27 | | Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages is amended10 |
|---|
| 28 | 28 | | by revising Code Section 3-4-21, relating to prohibition of holding or having beneficial11 |
|---|
| 29 | 29 | | interest in more than two retail dealer licenses, as follows:12 |
|---|
| 30 | 30 | | "3-4-21.13 |
|---|
| 31 | 31 | | (a)(1) Except as provided in subsections (b) and (d) of this Code section, no |
|---|
| 32 | 32 | | No person14 |
|---|
| 33 | 33 | | shall be issued or have a beneficial interest in, regardless of the degree of such interest,15 |
|---|
| 34 | 34 | | more than two retail dealer licenses, nor shall any person be permitted to have a16 |
|---|
| 35 | 35 | | H. B. 210 |
|---|
| 36 | 36 | | - 1 - 25 LC 55 0427 |
|---|
| 37 | 37 | | beneficial interest in more than two retail dealer licenses issued under this chapter,17 |
|---|
| 38 | 38 | | regardless of the degree of such interest.18 |
|---|
| 39 | 39 | | (b)(1) In addition to the two retail dealer licenses that a person may be issued or have a19 |
|---|
| 40 | 40 | | beneficial interest in pursuant to subsection (a) of this Code section and subject to the20 |
|---|
| 41 | 41 | | limitations provided in paragraph (2) of this subsection, a person may be issued or have21 |
|---|
| 42 | 42 | | a beneficial interest in additional retail dealer licenses provided that the place of business22 |
|---|
| 43 | 43 | | in connection with each such additional retail dealer license is located in a county that,23 |
|---|
| 44 | 44 | | as of the most recent fiscal year, collected $750 million or more in tax revenue. For24 |
|---|
| 45 | 45 | | purposes of this paragraph, the determination of whether a county has, as of the most25 |
|---|
| 46 | 46 | | recent fiscal year, collected $750 million or more in tax revenue shall be made at the time26 |
|---|
| 47 | 47 | | a person applies for such additional retail dealer license or at the time a person obtains27 |
|---|
| 48 | 48 | | a beneficial interest in such additional retail dealer license and such additional retail28 |
|---|
| 49 | 49 | | dealer license shall not be impacted by the amount of tax revenue collected by such29 |
|---|
| 50 | 50 | | county in future fiscal years.30 |
|---|
| 51 | 51 | | (2) The number of additional retail dealer licenses that a person may be issued or have31 |
|---|
| 52 | 52 | | a beneficial interest in pursuant to paragraph (1) of this subsection shall be as follows:32 |
|---|
| 53 | 53 | | (A) Prior to July 1, 2026, no person shall be issued more than one such additional retail33 |
|---|
| 54 | 54 | | dealer license;34 |
|---|
| 55 | 55 | | (B) Prior to July 1, 2027, no person shall be issued or have a beneficial interest in more35 |
|---|
| 56 | 56 | | than two such additional retail dealer licenses;36 |
|---|
| 57 | 57 | | (C) Prior to July 1, 2028, no person shall be issued or have a beneficial interest in more37 |
|---|
| 58 | 58 | | than three such additional retail dealer licenses;38 |
|---|
| 59 | 59 | | (D) Prior to July 1, 2029, no person shall be issued or have a beneficial interest in more39 |
|---|
| 60 | 60 | | than four such additional retail dealer licenses;40 |
|---|
| 61 | 61 | | (E) Prior to July 1, 2030, no person shall be issued or have a beneficial interest in more41 |
|---|
| 62 | 62 | | than five such additional retail dealer licenses; 42 |
|---|
| 63 | 63 | | H. B. 210 |
|---|
| 64 | 64 | | - 2 - 25 LC 55 0427 |
|---|
| 65 | 65 | | (F) Prior to July 1, 2031, no person shall be issued or have a beneficial interest in more43 |
|---|
| 66 | 66 | | than six such additional retail dealer licenses; and44 |
|---|
| 67 | 67 | | (G) On and after July 1, 2032, no person shall be issued or have a beneficial interest45 |
|---|
| 68 | 68 | | in more than seven such additional retail dealer licenses.46 |
|---|
| 69 | 69 | | (b)(c) As used in For purposes of this Code section:47 |
|---|
| 70 | 70 | | (1) The term 'person' shall include all members of a retail dealer licensee's family; and48 |
|---|
| 71 | 71 | | the term 'family' shall include any person related to the holder of the license within the49 |
|---|
| 72 | 72 | | first degree of consanguinity and affinity as computed according to the canon law.50 |
|---|
| 73 | 73 | | (2) The beneficiaries of a trust shall be considered to have a beneficial interest in any51 |
|---|
| 74 | 74 | | business forming a part of the trust estate.52 |
|---|
| 75 | 75 | | (c)(d) Nothing contained in this Code section shall prohibit the reissuance of a valid retail53 |
|---|
| 76 | 76 | | dealer license if the license has been:54 |
|---|
| 77 | 77 | | (1) Held prior to the creation of any of the above relationships by marriage; or55 |
|---|
| 78 | 78 | | (2) Held prior to April 3, 1978."56 |
|---|
| 79 | 79 | | SECTION 2.57 |
|---|
| 80 | 80 | | Said title is further amended by revising Code Section 3-4-21.1, relating to requirement for58 |
|---|
| 81 | 81 | | retail license and application of existing license to new location, as follows:59 |
|---|
| 82 | 82 | | "3-4-21.1.60 |
|---|
| 83 | 83 | | (a) A separate retail license shall be required for each place of business.61 |
|---|
| 84 | 84 | | (b) In cases where a retail licensee is moving his their package sales business to a different62 |
|---|
| 85 | 85 | | location, he such licensee shall be authorized to make application to have the license for63 |
|---|
| 86 | 86 | | the location previously occupied apply to the new location. Anything contained in Code64 |
|---|
| 87 | 87 | | Section 3-4-21 to the contrary notwithstanding, if the retail licensee complies with all other65 |
|---|
| 88 | 88 | | requirements of law, the commissioner shall authorize the existing license to apply to the66 |
|---|
| 89 | 89 | | new location; provided, however, that, if the retail license in connection with the location67 |
|---|
| 90 | 90 | | previously occupied is an additional retail dealer license issued pursuant to paragraph (1)68 |
|---|
| 91 | 91 | | H. B. 210 |
|---|
| 92 | 92 | | - 3 - 25 LC 55 0427 |
|---|
| 93 | 93 | | of subsection (b) of Code Section 3-4-21, such license shall only apply to the new location69 |
|---|
| 94 | 94 | | if the new location is located in the same county as the location previously occupied."70 |
|---|
| 95 | 95 | | SECTION 3.71 |
|---|
| 96 | 96 | | Said title is further amended by revising Code Section 3-15-2, relating to terms and72 |
|---|
| 97 | 97 | | conditions for limited tasting events, as follows:73 |
|---|
| 98 | 98 | | "3-15-2.74 |
|---|
| 99 | 99 | | Notwithstanding any other provision of this title, in all counties and municipalities in which75 |
|---|
| 100 | 100 | | the sale of alcoholic beverages is lawful, retail package liquor stores shall be authorized to76 |
|---|
| 101 | 101 | | conduct up to 52 104 tasting events per calendar year, subject to the following terms and77 |
|---|
| 102 | 102 | | conditions:78 |
|---|
| 103 | 103 | | (1) A tasting event shall only take place on the licensed premises and only at times at79 |
|---|
| 104 | 104 | | which such alcoholic beverages may be lawfully sold on such licensed premises;80 |
|---|
| 105 | 105 | | (2) Only one tasting event per day may be held on the licensed premises and such tasting81 |
|---|
| 106 | 106 | | event shall not exceed four hours;82 |
|---|
| 107 | 107 | | (3) Only one type of alcoholic beverage may be served at a tasting event, either malt83 |
|---|
| 108 | 108 | | beverages, wine, or distilled spirits; provided, however, that more than one brand of such84 |
|---|
| 109 | 109 | | type of alcoholic beverage may be offered so long as not more than four packages are85 |
|---|
| 110 | 110 | | open at any one time;86 |
|---|
| 111 | 111 | | (4) If the tasting event is for malt beverages, a consumer shall not be served more than87 |
|---|
| 112 | 112 | | eight ounces of malt beverages during such tasting event. If the tasting event is for wine,88 |
|---|
| 113 | 113 | | a consumer shall not be served more than five ounces of wine during such tasting event. 89 |
|---|
| 114 | 114 | | If the tasting event is for distilled spirits, a consumer shall not be served more than one90 |
|---|
| 115 | 115 | | and one-half ounces of distilled spirits during such tasting event;91 |
|---|
| 116 | 116 | | (5) Only alcoholic beverages that the licensee is licensed to sell on the licensed premises92 |
|---|
| 117 | 117 | | may be offered as part of a tasting event, and such alcoholic beverages shall be part of the93 |
|---|
| 118 | 118 | | licensee's inventory;94 |
|---|
| 119 | 119 | | H. B. 210 |
|---|
| 120 | 120 | | - 4 - 25 LC 55 0427 |
|---|
| 121 | 121 | | (6) Only food that is lawful to sell on the licensed premises, under this title or under any |
|---|
| 122 | 122 | | 95 |
|---|
| 123 | 123 | | rules or regulations of the commissioner, may be served as part of a tasting event. Such96 |
|---|
| 124 | 124 | | food shall be offered at no cost to the consumer;97 |
|---|
| 125 | 125 | | (7) Any operator or employee of the licensee may refuse to provide any brand, type, or98 |
|---|
| 126 | 126 | | quantity of alcoholic beverage to any consumer;99 |
|---|
| 127 | 127 | | (8) The licensee shall notify the governing authority of the county or municipality in100 |
|---|
| 128 | 128 | | which the licensed premises is located prior to holding a tasting event;101 |
|---|
| 129 | 129 | | (9) Any broken package containing alcoholic beverages on the licensed premises that is102 |
|---|
| 130 | 130 | | not licensed for retail sales for consumption on the premises shall be kept locked in a103 |
|---|
| 131 | 131 | | secure room or cabinet by the operator of the licensed premises except when in use104 |
|---|
| 132 | 132 | | during a tasting event;105 |
|---|
| 133 | 133 | | (10) Representatives and salespersons of manufacturers or wholesalers may attend a106 |
|---|
| 134 | 134 | | tasting event; provided, however, that such representatives and salespersons shall not host107 |
|---|
| 135 | 135 | | the tasting event, pour any alcoholic beverage, or provide anything of value to any108 |
|---|
| 136 | 136 | | consumer or to the licensee or an employee of a licensee; and109 |
|---|
| 137 | 137 | | (11) Any other terms, conditions, and limitations as may be required or imposed by the110 |
|---|
| 138 | 138 | | governing authority of the county or municipality in which the licensed premises is111 |
|---|
| 139 | 139 | | located."112 |
|---|
| 140 | 140 | | SECTION 4.113 |
|---|
| 141 | 141 | | This Act shall become effective on July 1, 2025.114 |
|---|
| 142 | 142 | | SECTION 5.115 |
|---|
| 143 | 143 | | All laws and parts of laws in conflict with this Act are repealed.116 |
|---|
| 144 | 144 | | H. B. 210 |
|---|
| 145 | 145 | | - 5 - |
|---|