hb1168.html

06 LC 36 0212S/AP

House Bill 1168 (AS PASSED HOUSE AND SENATE)

By: Representatives Stephens of the 164th, Burkhalter of the 50th, Parrish of the 156th, and Amerson of the 9th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, so as to authorize sales of wine by a farm winery in tasting rooms at festivals; to permit sales of distilled spirits, malt beverages, and wines not produced for consumption on the premises at a tasting room of a winery; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to wine, is amended by striking subsections (a) and (b) of Code Section 3-6-21.1, relating to licensing of farm wineries to engage in retail and wholesale sales, and inserting new subsections (a) and (b) to read as follows:

"(a) As used in this Code section, the term:

(1) 'Farm winery' means a domestic winery located on premises, a substantial portion of which is used for agricultural purposes, including the cultivation of grapes, berries, or fruits to be utilized in the manufacture or production of wine by the winery, or a domestic winery which:

(A) Makes at least 40 percent of its annual production from agricultural produce grown in this state;

(B) Is owned and operated by persons who are engaged in the production of a substantial portion of the Georgia agricultural produce used in its annual production; and for this purpose such production of a substantial portion of such Georgia agricultural produce shall be determined by the commissioner; and

(2) 'Festival' means a specific outdoor public celebration or gathering for which a license or permit has been issued by the appropriate governing authority which involves the use either of public parks or public streets and which includes entertainment, dancing, music, dramatic productions, art exhibition, parades, or the sale of merchandise, food or alcohol, or any combination of the foregoing. Festival does not include events which are solely parades, foot races, or political demonstrations unless such parade, foot race, or political demonstration is proposed as an integral part of a larger festival.

(2)(3) 'Tasting room' means an outlet for the promotion of a farm winerýs wine by providing samples of such wine to the public and for the sale of such wine at retail for consumption on the premises and for sale in closed packages for consumption off the premises. Samples of wine can be given complimentary or for a fee.

(b)(1) The commissioner may authorize any licensee which is a farm winery whose annual production of wine is made in Georgia from at least the percentages of Georgia grown agricultural products provided in paragraph (2) of this subsection during the years of production provided in paragraph (2) of this subsection to sell its wine and the wine of any other Georgia farm winery licensee at retail:

(A) In in a tasting room or other facility on the premises of the winery for consumption on the premises and in closed packages for consumption off the premises; and and to sell its wine and the wine of any other Georgia farm winery licensee at retail for

(B)(i) For consumption on the premises and in closed packages for consumption off the premises in tasting rooms at up to five additional locations in the state:

(I) Four of which shall not constitute a festival as defined in this Code section; and

(II) One of which shall be at festivals in the state for up to three days per festival. but only if the annual production of wine by the farm winery is made in Georgia from at least the following percentages of Georgia grown agricultural products during the years of production provided below:

(ii) The license for the tasting room at festivals shall be one license entitling the licensee to have tasting rooms which meet the requirements of this Code section at any festival and such license shall be issued for the same fee as a license for any other tasting room permitted under this Code section.

(1)(2)(A) First-year production: Ten percent from

Georgia grown
berries, fruits, or
grapes

(2)(B) Second-year production: Twenty percent from

Georgia grown
berries, fruits, or
grapes

(3)(C) Third-year production: Thirty percent from

Georgia grown
berries, fruits, or
grapes

(4)(D) Fourth-year production and thereafter: Forty percent from

Georgia grown
berries, fruits, or

grapes"

SECTION 2.

Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 3-6-21.3, relating to the sale by farm wineries of wines, distilled spirits, and malt beverages on or contiguous to its own premises, and inserting in its place the following:

"(2) Notwithstanding any other provisions of this title to the contrary, in all counties or municipalities in which the sale of distilled spirits, malt beverages, and wines is lawful, the commissioner further may authorize such licensee to make sales of distilled spirits, malt beverages, and wines not produced by such licensee for consumption on the premises at facilities located on the premises of the winery, or on property located contiguous to the winery and owned by the winery or by an affiliate of the winery, or in its tasting rooms located on or off the premises of the winery, provided that any alcoholic beverages sold pursuant to this paragraph shall be purchased by the winery from a licensed wholesaler at wholesale prices."

SECTION 3.

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