11 LC
36 1762
Senate
Bill 114
By:
Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of
the 48th
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 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 license issued pursuant to this
chapter.
(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."
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 a wholesale or retail license issued pursuant to this
chapter.
(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 promotional tours, but shall not provide tastings or samplings of
distilled spirits at any
time."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.