08 LC 36
1084
Senate
Bill 562
By:
Senators Moody of the 56th, Shafer of the 48th, Williams of the 19th, Brown of
the 26th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating
to the regulation of alcoholic beverages generally, so as to provide for the
cancellation of licenses to sell alcoholic beverages upon a conviction of
providing any alcoholic beverage to a person under 21 years of age; to define a
term; to provide for applicability; 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
3 of Title 3 of the Official Code of Georgia Annotated, relating to the
regulation of alcoholic beverages generally, is amended by revising Code Section
3-3-23.1, relating to procedures and penalties upon certain violations, by
adding a new subsection to read as follows:
"(g)
When a licensee under this title or a person who is in the employ of a licensee
under this title is convicted of providing any alcoholic beverage to a person
under 21 years of age in violation of paragraph (1) of subsection (a) of Code
Section 3-3-23, then such licensee´s license or licenses under this title
and the license or licenses issued for the premises where such violation
occurred shall be canceled. Before the cancellation of any license pursuant to
this subsection, the licensee or the holder of the license for the licensed
premises shall be afforded a hearing with an opportunity to present evidence and
cross-examine opposing witnesses. No license to sell alcoholic beverages shall
be issued to the licensee or for the licensed premises for a period of two years
from the date of the cancellation. For purposes of this subsection, 'licensed
premises' means any premises in which alcoholic beverages are sold or dispensed
and shall include any premises which are required by law to be licensed to sell
or dispense alcoholic beverages."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to any offense committed on
or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.