Bill Text: GA HB115 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
09 AM 36
0159
Senators
Harp of the 29th, Stoner of the 6th and Orrock of the 36th offered the following
amendment:
Amend
the Senate Regulated Industries and Utilities Committee substitute to HB 115 (LC
36 1438S) by inserting after
"municipalities;"
on line 5 the following: to authorize and
provide procedures for certain local governing authorities to permit certain
package sales of alcoholic beverages for a period of time on Sundays, if
approved by referendum;
By
inserting between lines 36 and 37 the following:
SECTION
2A.
Said
title is further amended by adding a new subsection to Code Section 3-3-7,
relating to the local authorization and regulation of sales of alcoholic
beverages on Sunday, to read as follows:
"(p)(1)(A)
As used in this subsection, the term 'Sunday sales' means package sales by:
(i)
Retailers of malt beverages and wine for any period of time on Sundays from
12:00 Noon until 12:00 Midnight; or
(ii)
Retailers of malt beverages, wine, and distilled spirits for any period of time
on Sundays from 12:00 Noon until 12:00 Midnight.
(2)(A)(i)
In each county or municipality in which package sales of malt beverages and wine
by retailers are lawful, but package sales of distilled spirits by retailers are
not lawful, the governing authority of the county or municipality, as
appropriate, may be authorized to permit Sunday sales as defined in division
(1)(A)(i) of this subsection if such Sunday sales of malt beverages and wine are
approved by referendum as provided in division (ii) of this
subparagraph.
(ii)
Any governing authority desiring to permit and regulate Sunday sales pursuant to
division (i) of this subparagraph shall by proper resolution or ordinance call
for a referendum election. Upon receipt of the resolution or ordinance, the
election superintendent shall issue the call for an election for the purpose of
submitting the question of Sunday sales pursuant to this subsection to the
electors of that county or municipality for approval or rejection. The election
superintendent shall issue the call and shall conduct the election on a date and
in the manner authorized under Code Section 21-2-540. The election
superintendent shall cause the date and purpose of the election to be published
once a week for two weeks immediately preceding the date of the election in the
official organ of the county. The ballot shall have written or printed thereon
the words:
'( ) YES
( ) NO
|
Shall
the governing authority of (name of county or municipality) be authorized to
permit and regulate package sales by retailers of malt beverages and wine for
any period of time on Sundays from 12:00 Noon until 12:00
Midnight?'
|
All
persons desiring to vote for approval of such Sunday sales shall vote 'Yes,' and
all persons desiring to vote for rejection of such Sunday sales shall vote 'No.'
If more than one-half of the votes cast on the question are for approval of such
Sunday sales, then the governing authority shall be authorized to permit and
regulate such Sunday sales through the issuance of licenses and the passage of
resolutions or ordinances. The expense of the election shall be borne by the
county or municipality in which the election is held. The election
superintendent shall canvass the returns, declare the result of the election,
and certify the result to the Secretary of State.
(B)(i)
In each county or municipality in which package sales of malt beverages, wine,
and distilled spirits by retailers are all lawful, the governing authority of
the county or municipality, as appropriate, may be authorized to permit Sunday
sales as defined in division (1)(A)(ii) of this subsection if such Sunday
sales are approved by referendum as provided in division (ii) of this
subparagraph. Pursuant to this subsection, the governing authority in each
county or municipality in which package sales of malt beverages, wine, and
distilled spirits are all lawful may not seek authorization to permit and
regulate package sales on Sundays of only one type of these alcoholic beverages;
instead, the governing authority may only seek authorization of package sales by
retailers of all three types of these alcoholic beverages.
(ii)
Any governing authority desiring to permit and regulate Sunday sales, pursuant
to division (i) of this subparagraph, shall by proper resolution or ordinance
call for a referendum election. Upon receipt of the resolution or ordinance,
the election superintendent shall issue the call for an election for the purpose
of submitting the question of Sunday sales to the electors of that county or
municipality for approval or rejection. The election superintendent shall issue
the call and shall conduct the election on a date and in the manner authorized
under Code Section 21-2-540. The election superintendent shall cause the date
and purpose of the election to be published once a week for two weeks
immediately preceding the date of the election in the official organ of the
county. The ballot shall have written or printed thereon the
words:
'( ) YES
( ) NO
|
Shall
the governing authority of (name of county or municipality) be authorized to
permit and regulate package sales by retailers of malt beverages, wine, and
distilled spirits for any period of time on Sundays from 12:00 Noon until 12:00
Midnight?'
|
All
persons desiring to vote for approval of Sunday sales shall vote 'Yes,' and all
persons desiring to vote for rejection of Sunday sales shall vote 'No.' If more
than one-half of the votes cast on the question are for approval of such Sunday
sales, then the governing authority shall be authorized to permit and regulate
such Sunday sales through the issuance of licenses and the passage of
resolutions or ordinances. The expense of the election shall be borne by the
county or municipality in which the election is held. The election
superintendent shall canvass the returns, declare the result of the election,
and certify the result to the Secretary of State.
(3)
If an election held pursuant to paragraph (2) of this subsection results in the
approval of Sunday sales under this subsection, the governing authority of the
county or municipality shall be authorized to provide by the issuance of
licenses and the passage of resolutions or ordinances all provisions concerning
Sunday sales under this subsection, except where otherwise provided by state
law. The governing authority shall at any time be authorized to adjust the
period between 12:00 Noon and 12:00 Midnight during which such sales on Sundays
may be permitted within its jurisdiction by the adoption of an appropriate
resolution or ordinance.
(4)
Following the expiration of one year after any election is held which results in
the disapproval of Sunday sales, another election on this question shall be held
if the governing authority, as provided in paragraph (2) of this subsection,
forwards a proper resolution or ordinance to the election superintendent calling
for such a referendum.
(5)
In any county or municipality which has at any time held an election in
accordance with paragraph (2) of this subsection resulting in the majority of
the votes being cast in favor of Sunday sales under this subsection, the
election superintendent of the county or municipality, upon receipt of a proper
resolution or ordinance of the governing authority or upon receipt of a written
petition signed by at least 35 percent of the registered qualified voters or the
county or municipality, shall proceed to call another election
for
the purpose of
nullifying the previous election in the same manner as prescribed in paragraph
(2) of this subsection.
(6)
Whenever Sunday sales are permitted by a county or municipality pursuant to this
subsection, such sales shall be made only by licensed retailers licensed to sell
by the package. The provisions of this subsection are in addition to and not in
lieu of any other provisions of this title relative to the sale of malt
beverages, wine, and distilled spirits by
retailers."