08 HB
1066/AP
House
Bill 1066 (AS PASSED HOUSE AND SENATE)
By:
Representatives England of the
108th,
Walker of the
107th,
Neal of the
1st,
Benton of the
31st,
and Mills of the
25th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia
Annotated, relating to prohibited acts relative to regulation of alcoholic
beverages generally, so as to prohibit certain conduct regarding vaporized forms
of alcoholic beverages produced by alcohol vaporizing devices; to prohibit
owning or possessing alcohol vaporizing devices; to define certain terms; to
provide for exceptions; to provide punishments for violations; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to
prohibited acts relative to regulation of alcoholic beverages generally, is
amended by adding a new Code section to read as follows:
"3-3-33.
(a)
As used in this Code section, the term:
(1)
'Alcohol vaporizing device' means any device, machine, or process that mixes any
alcoholic beverages with pure oxygen or other gas to produce a vaporized product
for the purpose of consumption by inhalation.
(2)
'Licensed premises' means any premises in which alcoholic beverages are sold or
dispensed for consumption on the premises and shall include any premises which
are required by law to be licensed to sell or dispense alcoholic beverages for
consumption on the premises.
(3)
'Operator' means an owner, license holder, operator, manager, or person in
charge of any licensed premises.
(b)(1)
No person shall purchase, offer for sale or use, sell, or use any vaporized form
of an alcoholic beverage produced by an alcohol vaporizing device. This
paragraph shall not apply to a product that contains alcohol as otherwise
lawfully prescribed by a health care practitioner who is licensed under Title
43.
(2)
No person shall own or possess any alcohol vaporizing device, including but not
limited to any machine known as an Alcohol Without Liquid (AWOL) machine. This
paragraph shall not apply to any nebulizer or atomizer used to supply a product
that contains alcohol as otherwise lawfully prescribed by a health care
practitioner who is licensed under Title 43.
(c)
No operator shall keep or allow to be kept on the licensed premises thereof any
vaporized form of an alcoholic beverage produced by an alcohol vaporizing
device.
(d)
Any person convicted of a violation of this Code section shall be guilty of a
misdemeanor. Any person convicted of a violation of this Code section involving
the offer for sale or use to a person under the age of 21 shall be guilty of a
misdemeanor, except that upon the second or subsequent conviction such person so
convicted shall be guilty of a misdemeanor of a high and aggravated
nature."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.