Bill Text: GA HB165 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Alcoholic beverage sales; housing authority board; provide certain exceptions

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB165 Detail]

Download: Georgia-2011-HB165-Comm_Sub.html

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11 LC 36 1778S

The House Committee on Regulated Industries offers the following substitute to HB 165:

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, so as to provide that counties and municipalities with approval of the local housing authority board of commissioners may provide certain exceptions relating to the sale of alcoholic beverages for consumption on the premises near housing authority property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts regarding alcoholic beverages, is amended by revising subsection (e) of Code Section 3-3-21, relating to sales of alcoholic beverages near churches, school buildings, or other sites, as follows:

"(e)(1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.'

(2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application. A county or municipality may provide for an exemption from this subsection for an applicant by adopting one of the two methods set forth below:

(A) Requiring the applicant to make an application to the county or municipality for such an exemption which the county or municipality shall forward to the local housing authority board of commissioners for review. Within 30 days after receiving such application, the local housing authority board of commissioners shall provide the county or municipality with a recommendation to grant or deny such exemption or provide no recommendation and, after the 30 day period for review and recommendation by the local housing authority board of commissioners expires or the local housing authority board of commissioners makes a recommendation or returns such application without recommendation, whichever is earlier, a county or municipality shall be authorized by resolution, ordinance, or administrative order to exempt such applicant from this subsection and provide for such sales by such applicant; or

(B) Requiring the applicant to file an application with the county or municipality with the written recommendation for approval of such application by the local housing authority board of commissioners. The county or municipality shall be authorized by resolution or ordinance to exempt such applicant from this subsection and provide for such sales by such applicant."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

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