07 LC
36 0592
House
Bill 563
By:
Representatives Dollar of the
45th,
Ehrhart of the
36th,
and Harbin of the
118th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 5 of Title 3 of the Official Code of Georgia
Annotated, relating to state license requirements and regulations for the
manufacture, distribution, and sale of malt beverages, so as to provide for the
sale of malt beverages manufactured by the brewer for consumption on the
premises and in closed packages in limited quantities for consumption off the
premises; to provide for definitions of certain terms; to provide for tasting
rooms; to provide for license requirements; to provide for bonds; to provide for
the payment of taxes; to authorize certain sales under limited circumstances; 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
2 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to
state license requirements and regulations for the manufacture, distribution,
and sale of malt beverages, is amended by adding a new Code section to read as
follows:
"3-5-38.1.
(a)
As used in this Code section, the term:
(1)
'Premises of the licensee' means property on which the malt beverages are
manufactured by the licensed brewer or property located contiguous to the
property on which the malt beverages are manufactured and owned by the licensed
brewer or by an affiliate of the licensed brewer.
(2)
'Premises of a tasting room' means the property on which the tasting room is
located, regardless of whether such property is owned by the licensed brewer or
used by the licensed brewer to manufacture malt beverages.
(3)
'Tasting room' means an outlet or location used for the promotion of a licensed
brewer´s malt beverages at which samples of such malt beverages are
provided to the public and at which are conducted the sale of such malt
beverages at retail for consumption on the premises and the sale of such malt
beverages in closed packages for consumption off the premises. Samples of a
licensed brewer´s malt beverages in a tasting room may be given
complimentary or provided for a fee.
(b)
Food may be provided by a licensed brewer of malt beverages on the premises of
the licensee or the premises of a tasting room at no charge. Food may also be
provided by and brought to the premises of the licensee or the premises of a
tasting room by any person or on behalf of any person to whom such permission
has been granted by the licensed brewer.
(c)
The commissioner may authorize any licensee which is a brewer of malt beverages
to sell the malt beverages it manufactures at retail in a tasting room on the
premises of the licensee for consumption on the premises of the licensee and in
closed packages for consumption off the premises of the licensee and to sell the
malt beverages it manufactures at retail for consumption on the premises of a
tasting room and in closed packages for consumption off the premises of a
tasting room at one additional location in this state. Sales of malt beverages
for consumption off the premises of the licensee or off the premises of a
tasting room shall not exceed two liters per person.
(d)
The annual license tax for each license issued pursuant to this Code section
shall be $50.00.
(e)
The surety bond shall be required as a condition upon issuance of a license
pursuant to this Code section in the same manner as required pursuant to Code
Section 3-5-25.1 with respect to malt beverages.
(f)
Except as otherwise provided in Code Section 3-5-90, malt beverages sold at
retail by a brewer as provided in this Code section shall have levied thereon an
excise tax as prescribed by Code Sections 3-5-60 and 3-5-80, and such tax shall
be reported and remitted to the commissioner as provided in Code Sections 3-2-6
and 3-5-81."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.