08 LC 36
1005S
House
Bill 1280 (COMMITTEE SUBSTITUTE)
By:
Representatives Stephens of the
164th,
Bearden of the
68th,
Shaw of the
176th,
Roberts of the
154th,
and May of the
111th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic
beverages, so as to provide for state licensing of regional economic assistance
projects to sell certain alcoholic beverages; to provide requirements and
conditions of such license; to provide for powers, duties, and authority of the
state revenue commissioner; to amend Article 8 of Chapter 8 of Title 50 of the
Official Code of Georgia Annotated, relating to encouragement of state agencies
to give certified projects priority in licensing and processing grants and
authorization for sale of alcoholic beverages, so as to move the provisions
relating to the sales of certain alcoholic beverages by regional economic
assistance projects to Title 3 of the Official Code of Georgia Annotated; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is
amended by adding a new chapter to read as follows:
"CHAPTER
13
3-13-1.
As
used in this chapter, the term:
(1)
'Alcoholic beverages for consumption on premises' shall mean malt beverages,
wine, or distilled spirits by the drink for consumption on the premises
only.
(2)
'Licensee' shall mean the developer, owner, or operator of the REAP or the
developer, owner, or operator of or any certified project or facility located in
a REAP to whom a state retail consumption dealer license is issued.
(3)
'Regional Economic Assistance Project' or 'REAP' shall have the same meaning as
in Code Section 50-8-190 and shall specifically include any certified project or
facility located in a REAP.
3-13-2.
(a)
A REAP shall be authorized to sell alcoholic beverages for consumption on
premises on days and at times authorized in any jurisdiction within this state
for the sale of alcoholic beverages, upon obtaining state license from the
commissioner for the sale of alcoholic beverages.
(b)
Prior to the issuance of a state license, the applicant shall obtain a license
for the sale of alcoholic beverages from the local governing authority of any
county or municipal corporation in which the REAP of developer, owner, or
operator to be issued a state license is wholly or partially located; provided,
however, that if said local governing authority is not authorized by ordinance
or resolution to issue licenses for the sale of alcoholic beverages for
consumption on premises, then no local license shall be required. If the local
governing authority authorizes the issuance of licenses for the sale of
alcoholic beverages for consumption on premises by resolution or ordinance after
a state license has been issued or renewed, the licensee shall have 60 days
after such an ordinance or resolution is passed to obtain the local license. If
the applicant or licensee fails to obtain such local license, the applicant
shall be denied a state license or the state license shall be subject to
suspension or revocation by the commissioner.
(c)
A state license issued pursuant to this chapter shall entitle the licensee the
right to sell alcoholic beverages for consumption on premises on days and at
times authorized in any jurisdiction within this state for the sale of alcoholic
beverages, regardless of what local ordinance or regulations may be in effect in
any jurisdiction in which the REAP is wholly or partially located. The sale of
alcoholic beverages for consumption on premises by a licensee on days and at
times authorized by subsection (a) of this Code section which differ from those
days and times permitted under a licensee´s local license shall not
constitute lawful grounds for the denial, revocation, suspension, or nonrenewal
of said local license by the local governing authority.
3-13-3.
A
local government shall be authorized to levy and collect any local taxes on any
sale of alcoholic beverages made within its jurisdiction by a licensee as are
otherwise authorized by law.
3-13-4.
The
commissioner may promulgate such reasonable rules and regulations as are
necessary and appropriate to regulate the issuance of state retail consumption
dealer licenses to developers, owners, or operators of a REAP and the
developers, owners, or operators of any certified project or facility located in
a REAP and to enforce the provisions of this chapter."
SECTION
2.
Article
8 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating
to regional economic assistance projects, is amended by revising Code Section
50-8-193, relating to encouragement of state agencies to give certified projects
priority in licensing and processing grants and authorization for sale of
alcoholic beverages, as follows:
"50-8-193.
(a)
The Department of Community Affairs shall certify that a project has received a
certificate of compliance as a REAP to the Department of Natural Resources; the
Department of Economic Development; the Department of Transportation; the
Department of Revenue; the Department of Labor; the Georgia Environmental
Facilities Authority; and any other state department, agency, or instrumentality
which requests such certification. All state agencies, departments, and
instrumentalities are encouraged to give priority in their permitting and
licensing and in the processing of grants and loans to local governments for
projects which have received a certification.
(b)
Where authorized by local ordinance or resolution, a certified project or
facility located in a certified project shall be authorized to make sales of
malt beverages, wine, or distilled spirits by the drink for consumption on the
premises only, upon obtaining a license from the appropriate local authority and
the state revenue commissioner. Where all of such sales at all times authorized
in any other jurisdiction are not authorized by local ordinance or resolution, a
certification of compliance as a REAP shall authorize the state revenue
commissioner to issue a state license for the sale of malt beverages, wine, or
distilled spirits by the drink for consumption on the premises only which are
not authorized by local ordinance or resolution to the developer, owner, or
operator of a certified project or facility located in a certified project, upon
the payment of taxes and fees and, except as provided in this article,
compliance with the provisions of Title 3 and Department of Revenue regulations;
provided, however, that notwithstanding any contrary provision of Title 3, such
a licensee shall not be required to obtain a license from the local government
until such time as such sales are authorized by local ordinance or resolution.
Further, such a license for the sale of malt beverages, wine, or distilled
spirits by the drink for consumption on the premises only may only be issued to
such a developer, owner, or operator of a certified project or facility located
in a certified project which is located wholly or partially in a municipal
corporation or county in which the sale of malt beverages, wine, or distilled
spirits by the drink for consumption on the premises only for which such license
is sought is not otherwise authorized by local ordinance or resolution. Any
license issued to a certified project or facility located in a certified project
shall include the right to sell at all times otherwise authorized in any other
jurisdiction in this state malt beverages, wine, or distilled spirits for
consumption on the premises only.
(c)
The local government or governments encompassing the facility or facilities for
which a state license for the sale of malt beverages, wine, or distilled spirits
by the drink for consumption on the premises only is issued pursuant to this
Code section, with or without the issuance of a local license, is authorized to
levy and collect any local taxes on such alcoholic beverages as are otherwise
authorized by law."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.