SB 52 - Alcoh. Bev. Advertisements - allow prices

First Reader Summary

A bill to amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to the display of advertisement or information regarding prices of distilled spirits in visible places and the prohibition of sales below cost, so as to delete provisions prohibiting the advertising of prices.

Egan, Michael J (40th)
Status Summary HC: SC: CAFF LA: 01/12/98 S - Committed (Sub)
Page Numbers - 1/ 2/ 3
Code Sections - 3-4-3/ 3-4-26/ 3-6-25.1
Senate Action House
1/15/97 Read 1st time
2/13/97 Favorably Reported
Sub Committee Amend/Sub
2/14/97 Read 2nd Time
1/12/98 Committed
2/21/97 Read 3rd Time
2/21/97 Lost
2/21/97 Notice to Reconsider
2/24/97 Reconsidered

SB 52                                             LC 19 3337S 
 
               ______________________________ offers the following 
      substitute to SB 52: 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 3-4-3 of the Official Code of Georgia 
  1- 2  Annotated, relating to retail dealer's signs, so as to 
  1- 3  repeal said Code section; to amend Code Section 3-4-26 of 
  1- 4  the Official Code of Georgia Annotated, relating to the 
  1- 5  display of advertisement or information regarding prices of 
  1- 6  distilled spirits in visible places and the prohibition of 
  1- 7  sales below cost, so as to delete provisions prohibiting the 
  1- 8  advertising of prices; to amend Code Section 3-6-25.1 of the 
  1- 9  Official Code of Georgia Annotated, relating to the display 
  1-10  of advertisement or information regarding prices of wine in 
  1-11  visible places, so as to repeal provisions prohibiting the 
  1-12  advertising of prices; to provide an effective date; to 
  1-13  repeal conflicting laws; and for other purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Code Section 3-4-3 of the Official Code of Georgia 
  1-17  Annotated, relating to retail dealer's signs, is amended by 
  1-18  striking said code section which reads as follows: 
 
  1-19    "3-4-3. 
 
  1-20    (a) Except as otherwise provided in subsection (b) of this 
  1-21    Code section, a licensed retail dealer in distilled 
  1-22    spirits may display at the licensee's place of business 
  1-23    unilluminated signs, using letters not larger than eight 
  1-24    inches in height, flat against the outside of the 
  1-25    building, below the roof line, bearing the words 'liquor,' 
  1-26    'beer,' 'wine,' 'champagne,' or any combination thereof, 
  1-27    and 'package store' or 'liquor store,' together with the 
  1-28    trade name of the retail dealer.  In addition to such 
  1-29    signs flat against the outside of the building, the retail 
  1-30    dealer may display at a location on the tract of property 
  1-31    upon which the business is located, but not affixed to the 
  1-32    building, one unilluminated sign using letters not larger 
  1-33    than eight inches in height bearing the words 'package 
  1-34    store' or 'liquor store' and the trade name of the retail 
 
 
 
                                 -1- 
 
 
 
  2- 1    dealer.  Subject to any more restrictive size limitations 
  2- 2    contained in the ordinances of the political subdivision 
  2- 3    in which the place of business is located, a sign not 
  2- 4    affixed to the building may be no larger than 16 square 
  2- 5    feet in area. 
 
  2- 6    (b) Notwithstanding the provisions of subsection (a) of 
  2- 7    this Code section, the commissioner shall be authorized by 
  2- 8    rules and regulations to permit licensed retail dealers in 
  2- 9    distilled spirits to display signs inside and outside 
  2-10    their retail establishments which advertise or promote any 
  2-11    lottery authorized under Chapter 27 of Title 50, the 
  2-12    'Georgia Lottery for Education Act,' provided that such 
  2-13    signs are in compliance with said Chapter 27 of Title 50 
  2-14    and the rules and regulations of the board of directors of 
  2-15    the Georgia Lottery Corporation." 
 
  2-16                           SECTION 2. 
 
  2-17  Code Section 3-4-26 of the Official Code of Georgia 
  2-18  Annotated, relating to the display of advertisement or 
  2-19  information regarding prices of distilled spirits in visible 
  2-20  places and the prohibition of sales below cost, is amended 
  2-21  by striking said Code section in its entirety and inserting 
  2-22  in lieu thereof the following: 
 
  2-23    "3-4-26. 
 
  2-24    (a) No person holding a retail dealer's license to deal in 
  2-25    distilled spirits by the package shall display any 
  2-26    advertisement of or information regarding the price or 
  2-27    prices of any distilled spirits in any show window or 
  2-28    other place visible from outside the licensee's place of 
  2-29    business. 
 
  2-30    (b)(a) No person licensed to sell distilled spirits by the 
  2-31    package for carry-out purposes shall sell such beverages 
  2-32    at a price less than the cost which such licensee pays for 
  2-33    such distilled spirits.  As used in this subsection, cost 
  2-34    shall include the wholesale price plus the local excise 
  2-35    tax imposed, as reflected in invoices which the 
  2-36    commissioner of revenue may require to be maintained on 
  2-37    said licensee's place of business. 
 
  2-38    (c)(b) The commissioner of revenue shall be authorized to 
  2-39    adopt such regulations as he or she deems necessary to 
  2-40    provide for exception to the prohibition provided in 
  2-41    subsection (b) (a) of this Code section for reasons 
  2-42    relating to liquidation of inventory, close-out of brands, 
 
 
 
                                 -2- 
 
 
 
  3- 1    outdated products, or any other reason the commissioner 
  3- 2    may determine to merit an exception." 
 
  3- 3                           SECTION 3. 
 
  3- 4  Code Section 3-6-25.1 of the Official Code of Georgia 
  3- 5  Annotated, relating to the display of advertisement or 
  3- 6  information regarding prices of wine in visible places, is 
  3- 7  amended by striking said Code section in its entirety and 
  3- 8  inserting in lieu thereof the following: 
 
  3- 9    "3-6-25.1. 
 
  3-10    (a) No person holding a retail dealer's license to deal in 
  3-11    wine by the package shall display any advertisement of or 
  3-12    information regarding the price or prices of any wine in 
  3-13    any show window or other place visible from outside the 
  3-14    licensee's place of business. 
 
  3-15    (b)(a) No person licensed to sell wine by the package for 
  3-16    carry-out purposes shall sell such beverages at a price 
  3-17    less than the cost which such licensee pays for such wine. 
  3-18    As used in this subsection, cost shall include the 
  3-19    wholesale price plus the local excise tax imposed, as 
  3-20    reflected in invoices which the commissioner of revenue 
  3-21    may require to be maintained on said licensee's place of 
  3-22    business. 
 
  3-23    (c)(b) The commissioner of revenue shall be authorized to 
  3-24    adopt such regulations as he or she deems necessary to 
  3-25    provide for exception to the prohibition provided in 
  3-26    subsection (b) (a) of this Code section for reasons 
  3-27    relating to liquidation of inventory, close-out of brands, 
  3-28    outdated products, or any other reason the commissioner 
  3-29    may determine to merit an exception." 
 
  3-30                           SECTION 4. 
 
  3-31  Notwithstanding the provisions of Code Section 1-3-4.1 of 
  3-32  the Official Code of Georgia Annotated to the contrary, this 
  3-33  Act shall become effective on July 1, 1997. 
 
  3-34                           SECTION 5. 
 
  3-35  All laws and parts of laws in conflict with this Act are 
  3-36  repealed. 
 
 
 
 
 
 
 
                                 -3- 

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

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