Georgia 2025-2026 Regular Session

Georgia House Bill HB581 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25 LC 55 9003
2	2	House Bill 581
3	3	By: Representatives Hagan of the 156
4	4	th
5	5	, Wiedower of the 121
6	6	st
7	7	, Cannon of the 172
8	8	nd
9	9	, Neal
10	10	of the 79
11	11	th
12	12	, and Smith of the 18
13	13	th
14	14
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 provide for regulation of the manufacture, distribution, and sale of malt beverages;2
20	20	to provide for definitions; to authorize manufacturers of malt beverages to sell or donate malt3
21	21	beverages they produce, subject to certain limitations and conditions; to provide for direct4
22	22	donation of malt beverages by brewers and brewpubs to certain charitable events; to provide5
23	23	that sales for consumption off the premises are not subject to a daily maximum; to permit6
24	24	small brewers to sell a limited quantity of malt beverages at wholesale; to provide for7
25	25	remittance of excise and use taxes on donated malt beverages; to provide for a short title; to8
26	26	provide for related matters; to repeal conflicting laws; and for other purposes.9
27	27	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
28	28	SECTION 1.11
29	29	This Act shall be known and may be cited as the "Georgia Craft Brewery Innovation and12
30	30	Survival Act."13
31	31	H. B. 581
32	32	- 1 - 25 LC 55 9003
33	33	SECTION 2.
34	34	14
35	35	Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is15
36	36	amended by adding a new paragraph to Code Section 3-1-2, relating to definitions, to read16
37	37	as follows:17
38	38	"(20.1) 'Small brewer' means a brewer or brewpub whose sales of products to such
39	39	18
40	40	brewer's or brewpub's wholesaler licensed under this title, if any, do not exceed 1519
41	41	percent of such wholesaler's total sales in the prior calendar year."20
42	42	SECTION 3.21
43	43	Said title is further amended by adding a new Code section to read as follows:22
44	44	"3-5-6.23
45	45	(a) As used in this Code section, the term:24
46	46	(1) 'Charitable event permit holder' means a bona fide nonprofit civic organization that25
47	47	has been issued a permit pursuant to Code Section 3-9-3 for the sale of alcoholic26
48	48	beverages for consumption on the premises.27
49	49	(2) 'Permitted charitable event' means an event for which a permit has been obtained by28
50	50	a bona fide nonprofit civic organization pursuant to Code Section 3-9-3 authorizing such29
51	51	organization to sell alcoholic beverages for consumption on the premises.30
52	52	(b) A brewer or brewpub may directly donate malt beverages it manufactures to a31
53	53	charitable event permit holder for a permitted charitable event, provided that:32
54	54	(1) The amount of such donated malt beverages shall not exceed the amount necessary33
55	55	for the permitted charitable event;34
56	56	(2) Any donated malt beverages that are not used or consumed during the permitted35
57	57	charitable event shall be returned to the brewer or brewpub within 24 hours of the event36
58	58	closure or the expiration of the charitable event permit, whichever is later; and37
59	59	H. B. 581
60	60	- 2 - 25 LC 55 9003
61	61	(3) The donated malt beverages shall be transported to and from the permitted charitable38
62	62	event by the charitable event permit holder or the brewer or brewpub that made the39
63	63	donation."40
64	64	SECTION 4.41
65	65	Said title is further amended by revising subsection (b) of Code Section 3-5-24.1, relating to42
66	66	exception to three-tier system, transfer of liquids, sales at brewer's licensed premises, taxing,43
67	67	regulatory authority, and conditions or limitations, as follows:44
68	68	"(b) A limited exception to the provisions of this title providing a three-tier system for the45
69	69	distribution and sale of malt beverages shall exist to the extent that the license to46
70	70	manufacture malt beverages in this state shall include the right to sell malt beverages to47
71	71	individuals on the brewer's licensed premises for personal use and not for resale, subject48
72	72	to the following terms and conditions:49
73	73	(1) The brewer may only make sales of malt beverages to an individual while the50
74	74	individual is physically on the brewer's licensed premises where the brewer produces malt51
75	75	beverages;52
76	76	(2) The brewer may make sales of malt beverages the brewer produces at the brewer's53
77	77	licensed premises where the individual is purchasing the malt beverages;54
78	78	(3) As long as the brewer and all of the brewer's licensed premises are under common55
79	79	ownership, the brewer may make sales of malt beverages the brewer produces at any56
80	80	licensed premises of the brewer and subsequently transfers in compliance with the57
81	81	limitations and reporting obligations of subsection (c) of this Code section to the brewer's58
82	82	licensed premises for sale where the individual is purchasing the malt beverages;59
83	83	(4) The brewer may only make sales of malt beverages for which the brewer is the sole60
84	84	owner of the brand and brand label;61
85	85	(5) Sales for consumption on the premises are not subject to a daily maximum amount;62
86	86	H. B. 581
87	87	- 3 - 25 LC 55 9003
88	88	(6) Sales for consumption off the premises shall not exceed a maximum of 288 ounces63
89	89	of malt beverages per individual per day are not subject to a daily maximum amount; and64
90	90	(7) The maximum amount of malt beverages the brewer may sell pursuant to this65
91	91	subsection (b) of this Code section in each calendar year shall be 6,000 barrels in the66
92	92	aggregate among all brewer's licensed premises making such sales."67
93	93	SECTION 5.68
94	94	Said title is further amended by adding a new Code section to read as follows:69
95	95	"3-5-24.2.70
96	96	(a) Notwithstanding the provisions of Code Section 3-5-24.1 and as a limited exception71
97	97	to the provisions of this title providing a three-tier system for the distribution and sale of72
98	98	malt beverages, the license to manufacture malt beverages in this state shall include for73
99	99	small brewers the right to:74
100	100	(1) Sell per calendar year up to 3,000 barrels of malt beverages produced at the small75
101	101	brewer's licensed premises at wholesale to retailers licensed in this state that are located76
102	102	within a 100 mile radius of the small brewer's licensed premises;77
103	103	(2) Sell, deliver, and ship its malt beverages to other licensed brewers and brewpubs; and78
104	104	(3) Acquire and receive deliveries and shipments of such malt beverages made by other79
105	105	licensed brewers and brewpubs.80
106	106	(b) Any small brewer that sells malt beverages pursuant to this Code section shall utilize81
107	107	an electronic accounting software that is capable of tracking and remitting state and local82
108	108	taxes imposed in connection with such sales.83
109	109	(c) The commissioner shall promulgate and enforce such rules and regulations as he or she84
110	110	may deem reasonable and necessary to effectuate the provisions of this Code section."85
111	111	H. B. 581
112	112	- 4 - 25 LC 55 9003
113	113	SECTION 6.
114	114	86
115	115	Said title is further amended by revising Code Section 3-5-27, relating to malt beverages87
116	116	acquired by retail dealers from persons other than licensed wholesale dealers declared88
117	117	contraband, as follows:89
118	118	"3-5-27.90
119	119	Except as otherwise provided in this chapter, any
120	120	Any malt beverage possessed, sold, or91
121	121	offered for sale by a retail dealer which was purchased or otherwise acquired from any92
122	122	person other than a wholesale dealer authorized to do business under this chapter is93
123	123	declared to be contraband and shall be seized by the commissioner or the appropriate local94
124	124	authorities and disposed of by the commissioner in the manner provided in this title."95
125	125	SECTION 7.96
126	126	Said title is further amended by revising Code Section 3-5-81, relating to payment of tax by97
127	127	wholesale dealers generally, time of payment, and reports by dealers as to quantities of98
128	128	beverages sold, as follows:99
129	129	"3-5-81.100
130	130	(a) The excise taxes provided for in this part shall be imposed upon and shall be paid by101
131	131	the licensed wholesale dealer in malt beverages; provided, however, that such taxes shall102
132	132	be imposed upon and shall be paid by the licensed brewer or brewpub for malt beverages103
133	133	served or sold by the brewer directly to the public pursuant to Code Section 3-5-24.1 or104
134	134	donated by the brewer or brewpub pursuant to Code Section 3-5-6.105
135	135	(b) The taxes shall be paid on or before the tenth day of the month following the calendar106
136	136	month in which the beverages are sold, donated, or disposed of within the particular107
137	137	municipality or county.108
138	138	(c) Each licensee responsible for the payment of the excise tax shall file a report itemizing109
139	139	for the preceding calendar month the exact quantities of malt beverages, by size and type110
140	140	of container, sold or donated during the month within each municipality or county. The111
141	141	H. B. 581
142	142	- 5 - 25 LC 55 9003
143	143	licensee shall file the report with each municipality or county wherein the beverages are
144	144	112
145	145	sold or donated
146	146	by the licensee.113
147	147	(d) The licensee shall remit to the municipality or county on the tenth day of the month114
148	148	following the calendar month in which the sales or donations were made the tax imposed115
149	149	by the municipality or county."116
150	150	SECTION 8.117
151	151	All laws and parts of laws in conflict with this Act are repealed.118
152	152	H. B. 581
153	153	- 6 -