08 LC 36
1010S/AP
House
Bill 1243 (AS PASSED HOUSE AND SENATE)
By:
Representatives Lindsey of the
54th,
Willard of the
49th,
and Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia
Annotated, relating to sale of alcoholic beverages by public carriers and
nonprofit organizations, so as to change certain provisions relating to the
issuance of temporary permits for sale of alcoholic beverages by nonprofit
organizations; to increase the number of days and number of permits that the
commissioner may issue; to increase fees for temporary permits; to provide for
nonprofit organizations to conduct auctions of wine donated by certain persons
under certain circumstances; to provide for procedure; to define a term; to
provide for an effective date; 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 9 of Title 3 of the Official Code of Georgia Annotated, relating to
sale of alcoholic beverages by public carriers and nonprofit organizations, is
amended by revising Code Section 3-9-3, relating to issuance of temporary
permits for sale by nonprofit civic organizations of alcoholic beverages for
consumption only on premises, as follows:
"3-9-3.
(a)
Upon the filing of an application and payment of a fee of $25.00 by a bona fide
nonprofit civic organization, the commissioner may issue a permit authorizing
the organization to sell alcoholic beverages for consumption
only
on the premises
or to sell
wine at retail for off-premises consumption, or
both, for a period not to exceed
one
day
three
days, subject to any law regulating the
time for selling such beverages.
(b)
No more than
two
six
permits may be issued to an organization in any one calendar year pursuant to
this Code section.
(c)
Permits issued pursuant to this Code section shall be valid only for the place
specified in the permit. No permit may be issued unless the sale of distilled
spirits, wine, or malt beverages is lawful in the place for which the permit is
issued."
SECTION
2.
Said
article is further amended by adding two new Code sections to read as
follows:
"3-9-4.
(a)
Upon the filing of an application and payment of a fee of $25.00 by a bona fide
nonprofit civic organization, the commissioner may issue a special use temporary
permit authorizing a bona fide nonprofit civic organization to auction wine in
sealed containers only for a period not to exceed three days, subject to any law
regulating the time for selling wine.
(b)
No more than six special use temporary permits may be issued to a bona fide
nonprofit civic organization in any calendar year.
(c)
Special use temporary permits issued pursuant to this Code section shall be
valid only for the location specified in the permit. No special use temporary
permit may be issued unless local licensing authorities have issued to the bona
fide nonprofit civic organization a permit or approval for the sale of wine at
the location specified in the special use temporary permit. Prior to the
commencement of the event described in the special use temporary permit, the
bona fide nonprofit civic organization shall furnish to the commissioner a
detailed inventory list of the wine to be auctioned including:
(1)
The name, address, telephone number, and taxpayer identification number of the
person who furnishes the wine for the event; and
(2)
The type, brand, label, and quantity of each wine to be sold at
auction.
(d)
Bona fide nonprofit civic organizations which hold a special use temporary
permit issued pursuant to this Code section may auction for off-premises
consumption wine in sealed containers, which has been donated to the bona fide
nonprofit civic organization by a person who does not currently hold a license
that has been issued by the department pursuant to this title, wine which has
been donated by a Georgia licensed retailer, or wine which has been donated or
purchased from a Georgia licensed wine wholesaler. The bona fide nonprofit civic
organization may ship or otherwise transport to the location specified in the
special use temporary permit wine donated by a person who does not currently
hold a license that has been issued by the department pursuant to this title or
wine donated by a Georgia licensed retailer. Georgia excise tax shall be paid
to the department on any donated wine. If the bona fide nonprofit civic
organization cannot verify, within ten days of the conclusion of the permitted
event, that Georgia excise tax for the wine was previously paid to the
department, the bona fide nonprofit civic organization shall pay to the
department the appropriate excise tax as required by law.
3-9-5.
As
used in this article, the term 'bona fide nonprofit civic organization' means an
entity which is exempt from federal income tax pursuant to the provisions of 26
U.S.C. Sections 501(c), 501(d), or 501(e)."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.