SB 289 - Alcoholic Beverages - brewpubs

First Reader Summary

A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the definition of "brewpub"; to authorize the holder of a brewpub license to engage in certain permits relating to brewery tours.

Henson, Steve (55th) Johnson, Eric B (1st)
Status Summary HC: RBev SC: CAFF LA: 03/28/97 H - Committed ( ) (Sub )
Page Numbers - 1/ 2/ 3
Code Sections - 3-5-38
Senate Action House
2/20/97 Read 1st time 3/4/97
2/27/97 Favorably Reported 3/7/97
Committee Amend/Sub Sub
2/28/97 Read 2nd Time 3/6/97
Committed 3/28/97
3/3/97 Read 3rd Time
3/3/97 Passed/Adopted

SB 289                                            LC 19 3524S 
 
               ______________________________ offers the following 
      substitute to SB 289: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 3 of the Official Code of Georgia Annotated, 
  1- 2  relating to alcoholic beverages, so as to change the 
  1- 3  definition of "brewpub"; to authorize the holder of a 
  1- 4  brewpub license to engage in certain activities; to 
  1- 5  authorize the issuance of certain permits relating to 
  1- 6  brewery tours; to provide an effective date; to repeal 
  1- 7  conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Title 3 of the Official Code of Georgia Annotated, relating 
  1-11  to alcoholic beverages, is amended by striking in its 
  1-12  entirety paragraph (3) of Code Section 3-1-2, relating to 
  1-13  definitions, and inserting in lieu thereof a new paragraph 
  1-14  (3) to read as follows: 
 
  1-15      "(3) 'Brewpub' means any eating establishment in which 
  1-16      beer or malt beverages are manufactured or brewed, 
  1-17      subject to the barrel production limitation prescribed 
  1-18      in Code Section 3-5-36 for retail consumption on the 
  1-19      premises and solely in draft form, subject to the 
  1-20      prohibitions, restrictions, and permitted exceptions 
  1-21      prescribed in Code Section 3-5-36.  As used in this 
  1-22      article, the term 'eating establishment' means an 
  1-23      establishment which is licensed to sell distilled 
  1-24      spirits, malt beverages, or wines and which derives at 
  1-25      least 50 percent of its total annual gross food and 
  1-26      beverage sales from the sale of prepared meals or food." 
 
  1-27                           SECTION 2. 
 
  1-28  Said title is further amended by striking in its entirety 
  1-29  paragraph (2) of Code Section 3-5-36, relating to the 
  1-30  "brewpub" exception to the three-tier distribution system, 
  1-31  and inserting in lieu thereof a new paragraph (2) to read as 
  1-32  follows: 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      "(2) A brewpub license authorizes the holder of such 
  2- 2      license to: 
 
  2- 3        (A) Manufacture on the licensed premises not more than 
  2- 4        5,000 barrels of beer in a calendar year solely 
  2- 5        primarily for retail sale on the premises and solely 
  2- 6        in draft form; and 
 
  2- 7        (B) Operate an eating establishment that shall be the 
  2- 8        sole primary retail outlet for such beer and may offer 
  2- 9        for sale any other alcoholic beverages produced by 
  2-10        other manufacturers which that are authorized for 
  2-11        retail sale under this title, including wine, 
  2-12        distilled spirits, and malt beverages, provided that 
  2-13        such alcoholic beverages are purchased from a licensed 
  2-14        wholesaler for consumption on the premises only; and, 
  2-15        provided, further, that in addition to draft beer 
  2-16        manufactured on the premises, each brewpub licensee 
  2-17        shall offer for sale commercially available canned or 
  2-18        bottled malt beverages from licensed wholesalers; and 
 
  2-19        (C) Sell up to a maximum of five hundred (500) barrels 
  2-20        annually of such beer to licensed wholesale dealers 
  2-21        for distribution to retailers and retail consumption 
  2-22        dealers." 
 
  2-23                           SECTION 3. 
 
  2-24  Said title is further amended by striking in its entirety 
  2-25  Code Section 3-5-38, relating to permits for educational and 
  2-26  promotional brewery tours, and inserting in lieu thereof a 
  2-27  new Code Section 3-5-38 to read as follows: 
 
  2-28    "3-5-38. 
 
  2-29    The commissioner shall, upon proper application therefor, 
  2-30    issue an annual permit to any brewer licensed in this 
  2-31    state and which brews over 100,000 barrels of malt 
  2-32    beverages annually authorizing such brewer to conduct 
  2-33    educational and promotional brewery tours which may 
  2-34    include free tasting on the premises by members of the 
  2-35    public of tax paid varieties of malt beverages brewed by 
  2-36    such brewer." 
 
  2-37                           SECTION 4. 
 
  2-38  Notwithstanding the provisions of Code Section 1-3-4.1, this 
  2-39  Act shall become effective on July 1, 1997. 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 5. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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