06 HB
1436/SCSFA/3
SENATE
SUBSTITUTE TO HB 1436
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 3 of the Official Code of Georgia
Annotated, relating to general provisions relative to wine, so as to authorize
restaurant patrons to remove for off-premises consumption a resealed partially
consumed bottle of wine that was purchased with a food item; to amend Article 11
of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
miscellaneous provisions of the uniform rules of the road, so as to provide that
a resealed partially consumed bottle of wine that was purchased with a food item
is not an open alcoholic beverage container for purposes of the prohibition
against possessing an open container of alcohol in the passenger area of a motor
vehicle; 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
1 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to
general provisions relative to wine, is amended by inserting at the end thereof
a new Code Section 3-6-4 to read as follows:
"3-6-4.
Notwithstanding
any other contrary provision of law, any establishment which is licensed to sell
alcoholic beverages for consumption on the premises may permit a patron to
remove one unsealed bottle of wine per patron for consumption off premises, if
the patron has purchased a meal and consumed a portion of the bottle of wine on
the premises with such food item on the
establishment́s
premises. A partially consumed bottle of wine that is to be removed from the
premises must be securely resealed by the licensee or its employees before
removal from the premises. The partially consumed bottle of wine shall be
placed in a bag or other container that is secured in such a manner that it is
visibly apparent if the container has been subsequently opened or tampered with,
and a dated receipt for the bottle of wine and food item shall be provided by
the licensee and attached to the container. If transported in a motor vehicle,
the container with the resealed bottle of wine shall be placed in a locked glove
compartment, a locked trunk, or the area behind the last upright seat of a motor
vehicle that is not equipped with a trunk or any other compartment of the
vehicle which is secured by a latch and completely closed.”
SECTION
2.
Article
11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to miscellaneous provisions of the uniform rules of the road, is amended by
striking paragraph (2) of subsection (a) of Code Section 40-6-253, relating to
consumption of alcoholic beverages or possession of open container of alcoholic
beverage in passenger area, and inserting in its place a new paragraph (2) to
read as follows:
"(2)
'Open alcoholic beverage container' means any bottle, can, or other receptacle
that:
(A)
Contains any amount of alcoholic beverage; and
(B)(i)
Is open or has a broken seal; or
(ii)
The contents of which are partially removed.
A
bottle of wine that has been resealed pursuant to Code Section 3-6-4 shall not
constitute an open alcoholic beverage container for purposes of this Code
section."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.