Bill Text: GA HB115 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Distilled spirits; state license requirements; identifying information; provide

Spectrum: Partisan Bill (Republican 7-0)

Status: (Engrossed - Dead) 2010-01-11 - Senate Recommitted [HB115 Detail]

Download: Georgia-2009-HB115-Comm_Sub.html

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09 LC 36 1343S

House Bill 115 (COMMITTEE SUBSTITUTE)

By: Representatives Jerguson of the 22nd, Ramsey of the 72nd, Williams of the 4th, Powell of the 29th, Maddox of the 127th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to require the provision of certain identifying information to the commissioner to enable a determination to be made as to whether a person or a person's family holds more than two retail dealer licenses; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, is amended by revising Code Section 3-4-21, relating to prohibition of holding or having beneficial interest in more than two retail dealer licenses, as follows:

"3-4-21.

(a) As used in this Code section, the term:

(1) 'Beneficial interest' means an ownership interest in, vested interest in, partnership arrangement with, or other business association with the retail dealer licensee.

(2) 'Family' means any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law including by blood, adoption, or marriage as a parent, child, sibling, or spouse.

(3) 'Person' shall have the same meaning as provided for in Code Section 3-1-2.

(b) For purposes of this Code section, the beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.

(c) No person or family shall be issued more than two retail dealer licenses, nor shall any person or family be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest.

(b) For purposes of this Code section:

(1) The term 'person' shall include all members of a retail dealer licensee's family; and the term 'family' shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to the canon law.

(2) The beneficiaries of a trust shall be considered to have a beneficial interest in any business forming a part of the trust estate.

(c) Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been:

(1) Held prior to the creation of any of the above relationships by marriage; or

(2) Held prior to April 3, 1978.

(d)(1) Prior to the issuance or reissuance of a retail dealer license, the person applying for the license or the renewal of a license shall provide to the commissioner:

(A) One of the following forms of identification:

(i) A Georgia driver's license number,

(ii) Number on the identification card authorized under Code Sections 40-5-100 through 40-5-104;

(iii) Social security number;

(iv) Passport number;

(v) Resident alien card number;

(vi) Temporary resident alien card number; or

(vii) Immigration and Naturalization Service number; and

(B) One of the following forms of identification of each of his or her family members:

(i) A Georgia driver's license number,

(ii) Number on the identification card authorized under Code Sections 40-5-100 through 40-5-104;

(iii) Social security number;

(iv) Passport number;

(v) Resident alien card number;

(vi) Temporary resident alien card number; or

(vii) Immigration and Naturalization Service number.

(2) Failure to provide to the commissioner the identification required pursuant to paragraph (1) of this subsection shall result in a denial of the issuance or reissuance of a retail dealer license.

(3) If the person applying for the license or the renewal of a license is not an individual, the officers, directors, and any person holding a beneficial interest in the entity applying for the retail dealer license shall comply with the requirements of this subsection.

(4) Nothing contained in this subsection shall prohibit the reissuance of a valid retail dealer license if the license has been held prior to July 1, 2009.

(e) Nothing contained in this Code section shall prohibit the reissuance of a valid retail dealer license if the license has been:

(1) Held prior to the creation of any of the relationships by marriage referenced in paragraph (2) of subsection (a) of this Code section; or

(2) Held prior to April 3, 1978."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.