Bill Text: GA SB114 | 2011-2012 | Regular Session | Comm Sub

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

---

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-Comm_Sub.html

---

11 LC 36 1924S

The House Committee on Regulated Industries offers the following substitute

to SB 114:

A BILL TO BE ENTITLED
AN ACT

To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions related to the manufacturing of alcoholic beverages; 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 promotional tours; to amend the terms and conditions that exist for owners and operators of brewpubs; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, 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, and 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.

(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 2.

Said title 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 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.

Said title is further amended by revising paragraph (2) of Code Section 3-5-36, relating to the brewpub exception to the three-tier distribution system, as follows:

"(2) A brewpub license authorizes the holder of such license to:

(A) Manufacture on the licensed premises not more than 5,000 10,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form;

(B) Operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufacturers which are authorized for retail sale under this title, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers; and

(C) Notwithstanding any other provision of this paragraph, sell up to a maximum of 500 5,000 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers;"

SECTION 4.

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