Bill Text: GA SB114 | 2011-2012 | Regular Session | Introduced


Bill Title: Distilled Spirits; provide for issuance of a manufacturer's/distiller's license to a fruit grower; certain circumstances

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2012-07-01 - Effective Date [SB114 Detail]

Download: Georgia-2011-SB114-Introduced.html
12 SB114/AP
Senate Bill 114
By: Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of the 48th

AS PASSED

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, so as to provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to change certain provisions relating to the sale or disposal of certain distilled spirits or alcohol; to provide for certain educational and promotional tours; 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, is amended by revising Code Section 3-4-24, relating to the issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, as follows:
"3-4-24.
(a) The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state.
(b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
(c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
(2) To any person not holding a wholesale or retail an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
(d) No A manufacturer's or distiller's license shall may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has not approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.
(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."

SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
3-4-24.1.
(a) The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state.
(b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol.
(c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol:
(1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or
(2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state.
(d) A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter.
(e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours."

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
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