Georgia 2025-2026 Regular Session

Georgia House Bill HB210 Latest Draft

Bill / Introduced Version Filed 01/31/2025

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