Subject 560-2-2 GENERAL PROVISIONS
|(1)|| As used in these Regulations:
|(1)||No Person shall manufacture, distribute, sell, handle, or possess for sale or otherwise deal in Alcoholic Beverages or non-beverage Alcohol without first obtaining all applicable licenses required by the Act and these regulations.|
|(2)|| Every Person applying for a state
license, permit, or registration to deal in Alcoholic Beverages, shall make
application, on forms prescribed by the Commissioner, and under oath shall
answer all questions, supply all information, personnel statements, including
information regarding applicant's employees, if requested, furnish all
certificates, affidavits, bonds and other supporting data or documents as
reasonably required by the Commissioner.
Applications for a state license, permit, or registration shall state the
identical name and address of the applicant as stated in the application for a
license required by local governing authorities.
|(4)|| The state license
issued shall be valid for the calendar year indicated; provided that:
|(5)||In the event a Licensee ceases to be actively engaged in business, or if a Licensee's local license becomes invalid in any way, the state license shall be invalid and the Licensee of that business shall immediately notify and return the state license to the Department.|
|(6)||A Licensee that desires to continue in business during the next calendar year must make a new application for that year on or before November 1 of the preceding year.|
|(7)||Any untrue, misleading, or omitted statement or information contained in an application shall be cause for denial and, if any license has been granted, shall be cause for its revocation.|
|(8)||The failure of any applicant, or failure of any Person, firm, corporation, legal entity, or organization having any interest in any operation for which an application has been submitted, to meet any obligations imposed by the tax laws or other law or regulation of Georgia shall be grounds for denial of the license, permit or registration for which an application is made.|
|(9)|| When contrary to the public interest and
welfare, no license to sell Alcoholic Beverages of any kind shall be issued by
the Commissioner to:
|(10)||The Commissioner may decline to issue a state license to a person for the operation of a Place of Business when any person having any interest in the operation of that Place of Business, or control over such Place of Business does not meet the same requirements as set forth in these regulations for the Licensee.|
|(11)|| If the Commissioner has reason to
believe that the applicant is not entitled to the license for which the
applicant has applied, the Commissioner shall notify the applicant in writing.
|(1)||Alcoholic Beverage Licensees for Distilled Spirits and Wine are required to post with the Commissioner an approved annual bond under a surety company authorized to do business in Georgia, in the amount and under conditions specified by Code § 3-4-22 for Distilled Spirits, and Code § 3-6-21 for Wine.|
|(2)|| Alcoholic Beverage Licensees for Malt
Beverages are required to post with the Commissioner either:
|(1)||Every license issued under the Act shall be prominently displayed to the public, by the holder at the Licensee's Place of Business.|
|(2)|| Licenses for on-premise consumption
outlets shall be displayed at each premise for which a license has been issued.
|(3)||Any Alcoholic Beverages kept, stored, or found at the Licensee's Place of Business or Warehouse shall be presumed to be the Licensee's property.|
|(1)|| Taxes imposed on all Alcohol
manufactured, imported, sold, possessed, delivered, purchased, used, consumed,
handled, or offered for sale within Georgia shall be collected from Wholesalers
by use of a reporting system.
|(2)|| When one Wholesaler sells or
transfers Alcoholic Beverages to another Wholesaler, the seller shall indicate
on the sales invoice that the Alcoholic Beverages are tax-paid by the seller.
|(3)||For Malt Beverages only, no licensed Wholesaler of Malt Beverages shall accept or take from any municipality or county any fee, discount, rebate, or compensation of any nature for the collection or reporting of the city and/or county excise taxes as required.|
|(1)||Persons making initial license applications pursuant to Georgia laws and regulations, after properly filing all required documents, may be authorized by the Commissioner to operate pursuant to a temporary permit.|
|(2)|| Before any temporary permit shall be
issued, the applicant must have filed with the Department the following
documents and materials under the conditions indicated:
|(3)||The issuance of any temporary permit pursuant to the above conditions is within the discretion of the Commissioner and may be withdrawn by the Commissioner at any time without notice or hearing.|
|(1)|| In every case in which an Alcoholic
Beverage license is suspended, the Licensee shall be required to post a public
notice in a prominent and conspicuous place on the front window or door of the
licensed premises throughout the period of suspension.
|(2)|| The notice shall contain:
|(3)||In addition to the public notice requirement set forth under paragraph (1) of this Regulation, the Commissioner may make available to the public a complete or partial listing of all Alcohol license suspensions and cancellations on the Department's website or by such other means as designated by the Commissioner.|
|(4)||Licensees who fail to comply with this Regulation shall be subject to additional disciplinary action including, but not limited to, further license suspension or cancellation.|
|(1)||By the application for, the acceptance of, or the conduct of business under any license or permit issued pursuant to this Act, every holder of a license or permit issued and every employee or officer of such Licensee agrees to appear and give sworn testimony and produce documents and records reasonably calculated to aid the Commissioner in any investigation or hearing held under this Act or under these regulations.|
|(2)||Each such person shall appear and produce the required documents at the office of the Commissioner or at such other place as he may reasonably designate, at a time as the Commissioner may designate in writing and with reasonable notice.|
|(1)||No application for a license to sell Alcoholic Beverage will be considered so long as the applicant, Person, firm or corporation holding any interest in the business for which application is made, has failed to meet any obligations imposed by any tax law of Georgia.|
|(2)||The failure of any Licensee, permittee, registrant, Person, firm, or corporation holding an interest in the business for which the license, permit or registration is issued to meet any obligations imposed by the Act, any tax law of Georgia, or any regulations of the Commissioner shall be grounds for suspension, revocation, or cancellation of a license, permit or registration.|
|(1)||Neither a Manufacturer, producer, Shipper, Importer, or Broker, nor any of its employees or members of such Manufacturer's, producer's, Shipper's, Importer's, or Broker's immediate family shall have, own, or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any Wholesaler or Retailer.|
|(2)||Neither a Wholesaler, nor any of its employees, or any members of such Wholesaler's immediate family shall have, own or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any Manufacturer, producer, Shipper, Importer, Broker, or Retailer; provided nothing shall prohibit such persons from owning stock in such firms when such firms' stock is publicly traded on a national exchange or over the counter.|
|(3)||Neither a Retailer or Retail Consumption Dealer, nor any of its employees or members of such Retailer's or Retail Consumption Dealer's immediate family shall have, own or enjoy any ownership interest in, or partnership arrangement or other business association with the business of any Wholesaler, Manufacturer, producer, Shipper, Importer or Broker.|
|(4)||Provided however, nothing shall prohibit the Commissioner from waiving the above prohibitions in regard to children of the Manufacturer, Wholesaler, producer, Shipper, Importer, or Retailer, provided the children are emancipated and hold no business or financial interest, or vested interest in the parent's operation.|
|(5)|| It shall be the duty
of the Licensee to notify the Commissioner in writing concurrently with:
|(6)|| The Commissioner shall notify Licensee
upon receipt of written notice of any objection to the ownership or interest.
|(7)|| No state license may be
transferred from one person to another.
No employee of any Manufacturer, Importer, Broker, producer, joint registrant or Wholesaler shall at any time, with or without compensation, act as a salesperson or sales clerk in a Retailer's or Retailer Consumption Dealer's Place of Business.
otherwise provided by law, all measurements to determine distances required by
the Act, for the issuance of an initial state Alcoholic Beverages license,
shall be measured by the most direct route of travel on the ground and shall be
measured in the following manner:
|(2)||All renewal applications shall use the measurements required in the initial application and license.|
|(1)|| Unless otherwise specifically permitted
by this Act and these regulations, no Manufacturer, producer, Shipper,
Importer, Broker, or Wholesaler, nor their employees, agents, Representatives,
or anyone acting on their behalf, shall directly or indirectly:
|(2)||Nothing shall prohibit quantity discounts by Wholesalers to Retailers or Retail Consumption Dealers provided such quantity discounts are for sale and delivery to a single retail location and are available to all Retailers and Retail Consumption Dealers within that Wholesalers' designated sales territory and upon equal terms.|
|(3)||It shall be a violation of this Regulation for any Retailer or Retail Consumption Dealer, their employees, agents, buyers, purchasing agents, or anyone acting directly or indirectly in their behalf to accept, acquiesce, or otherwise participate in the prohibited acts contained in this Act or these regulations, or to coerce or attempt to coerce, entice, request, or solicit any prohibited acts.|
|(4)|| Alcoholic Beverages shall be inspected at
the time of delivery for breakage, damage, shortage and for any other condition
which would render delivery unacceptable to the Retailer or Retail Consumption
|(5)||A licensed Wholesaler may accept from any licensed Retailer or Retail Consumption Dealer any quantity of Alcoholic Beverages and give that Retailer or Retail Consumption Dealer credit for the same, but only if on the same day the Retailer or Retail Consumption Dealer buys from the Wholesaler, at prevailing prices, a like quantity, measured in case lots, of the same Alcohol Type and Brand, and copies of the invoices evidencing such transfer are promptly filed at the Wholesaler's Place of Business for inspection by the Commissioner or his agents.|
|(6)|| Exchanges of identical Brands and
quantities of Alcoholic Beverages shall be authorized for "leakers" or "short
fills," provided at the time of such exchange the tops of the containers are
affixed and such leakage is apparent.
|(1)||It shall be a violation of these regulations for any licensed Retailer or Retail Consumption Dealer to offer any coupon or rebate affecting the price or prices of Alcoholic Beverages, nor shall any licensed Retailer or Retail Consumption Dealer accept any coupon or rebate in payment for purchases of Alcoholic Beverages.|
|(2)|| No Retailer or Retail Consumption Dealer
shall redeem any Manufacturer coupon or rebate promoting the sale or use of
|(3)||Nothing shall prohibit a licensed Retailer or Retail Consumption Dealer, for its own advertising purposes, from offering in-store coupons or rebates and from redeeming such coupons or rebates for the purchase of merchandise other than Alcoholic Beverages, unless otherwise prohibited by local regulation.|
|(4)||No Manufacturer, or anyone acting on its behalf, shall make any arrangement of any kind or character, or enter into any agreement, with any licensed Retailer or Retail Consumption Dealer in connection with the use and redemption of coupons or rebates promoting the sale or use of Alcoholic Beverages.|
|(5)||No Manufacturer, or anyone acting on its behalf, shall make its coupons or rebates available to any licensed Retailer or Retail Consumption Dealer offering the Manufacturer's products for sale to the exclusion of other licensed Retailer's or Retail Consumption Dealer's offering the Manufacturer's products for sale.|
|(1)|| The Commissioner and/or the
Commissioner's agents may enter the licensed Place of Business of any person
engaged in the manufacture, transportation, distribution, sale, storage, or
possession of Alcoholic Beverages at any time for the purpose of inspecting the
Place of Business and enforcing this Act and these regulations, and the agents
shall have access during the inspection to:
|(2)||Failure to cooperate with all aspects of an inspection or to hinder or interfere with an agent in the performance of the agent's duties shall be a violation of these regulations by any Licensee, its employee, or anyone acting on behalf of or with the approval of the Licensee, compensated or otherwise.|
Interference or hindrance of an agent shall include, but not be limited to the
|(1)||Whenever any Licensee's Place of Business is threatened with destruction or looting because of riot, civil disorder or natural disaster, the Licensee is authorized to transport its supply of Alcoholic Beverages to a secure location by any means of any transportation available.|
|(2)||The Licensee shall notify the Commissioner as soon as practical.|
|(3)||In any such case the Licensee shall cease business and shall not reopen without the express written approval of the Commissioner.|
|(4)||Upon approval for reopening, the Licensee shall be permitted to transport the Alcoholic Beverages back to the licensed location at a time, date and in a manner as agreed to by the Commissioner.|
|(1)||Upon the request of a Retailer or Retail Consumption Dealer, Wholesalers, at their option, may conduct a single initial setting of Alcoholic Beverages at the Retailer's or Retail Dealer's location.|
|(2)||Upon the request of Retailer or Retail Consumption Dealer, Wholesalers, at their option, may conduct the re-setting of assigned Brand Labels once per calendar year at the Retailer's or Retail Dealer's location.|
|(3)|| Each Retailer or Retail Consumption
Dealer shall notify the Department and all applicable Wholesalers on Form
ATT-188 of such sets or resets no less than ten (10) business days prior to the
|(4)||A set or reset may only be performed Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding state holidays.|
|(5)|| During a set or reset
a Wholesaler may move or touch only its assigned Brand Labels.
|(1)|| A Wholesaler, Broker, Importer, or
Manufacturer is only authorized to distribute to a Retailer or Retail
Consumption Dealer, without cost, generic point-of-sale advertising materials
for use inside the licensed Place of Business.
|(2)||Generic point-of-sale advertising materials do not include items for use that are of a permanent or semi-permanent nature, are constructed or created on the premise of a Retailer or Retail Consumption Dealer are affixed or attached in any way to the exterior premise, and that refer specifically to a Retailer or Retail Consumption Dealer.|
|(3)||It shall be a violation by the Retailer or Retail Consumption Dealer to use any point-of- sale material provided without charge on the exterior of their premises.|
|(4)||A Wholesaler, Broker, Importer, or Manufacturer who performs any service or provides general point-of-sale advertising items to Retailers or Retail Consumption Dealers shall make such service or items available on equal terms to all Retailers and Retail Consumption Dealers within its designated sales territories.|
|(1)||All promotional items and marketing events are to be available on equal terms to all similarly situated accounts of the sponsoring party.|
for internal or external use at promotional events as defined by regulation may
be provided at no cost to the non-Licensee and may be displayed at the event.
|(3)|| A Wholesaler, Broker,
Importer, or Manufacturer may provide promotional items, excluding tobacco
products, Alcoholic Beverage, or lottery products directly to consumers on the
premises of a Retailer or Retail Consumption Dealer provided that all patrons
are given an equal chance for such items without charge and without any
purchase being required.
|(4)||A Wholesaler, Broker, Importer, or Manufacturer may not make any payment, reimbursement, or compensation of any kind or character to any Retailer or Retail Consumption Dealer for any purpose, either directly or indirectly, or through a third-party arrangement.|
|(5)|| A Wholesaler, Broker, Importer, or
Manufacturer may conduct "marketing events" in Georgia.
|(1)||Any Alcoholic Beverage Licensee may sponsor or cosponsor a promotional event with any other promoter, provided the promoter is not an Alcoholic Beverage Licensee, and the location of the event is licensed as a Retailer or Retail Consumption Dealer.|
|(2)||The Alcoholic Beverage Licensee shall not pay or otherwise provide any consideration to any other Licensee located at, or within the publicly owned stadium, park, coliseum, or auditorium where the promotional event is held.|
|(3)|| Advertising promoting a promotional event
shall not refer to any specific Alcoholic Beverage Licensee or to the fact that
an alcohol licensed business is located at, or within the publicly owned
stadium, park, coliseum, or auditorium.
|(4)||No agreement between any of the parties promoting a promotional event shall limit the sale of Alcoholic Beverage products during the promotional event to specific types or Brands of Alcoholic Beverages or prohibit the sale of certain types or Brands of Alcoholic Beverages during the promotional event.|
advertising of Alcoholic Beverages shall be published or disseminated in
|(1)|| For purposes of
this Regulation, the term "trade show" shall be an exhibition organized and
hosted by a licensed Wholesaler, Broker, Importer, Shipper, or Manufacturer for
the purpose of providing information regarding new Alcoholic Beverage products.
party seeking to conduct a trade show shall make a request in writing to the
Commissioner accompanied by the following documents and materials:
|(3)||All trade shows shall be approved by the Commissioner or Agents of the Department.|
|(4)||Failure to receive written notification from the Commissioner within fifteen (15) days from the date of receipt of the applicant's request by the Commissioner shall constitute a denial of the request.|
|(1)|| No Manufacturer, Shipper, Importer,
Broker, or Wholesaler, its agents, or employees, shall:
|(2)|| Each sales invoice shall have the name,
address and license number of the seller and shall show the following
|(3)|| For each sale made to a licensed retail
location, a Wholesaler shall issue a separate and distinct sales ticket or
invoice in compliance with this Regulation.
|(4)||Within twenty-four (24) hours after sale, all sales tickets or invoices must be on file on the premises of the Wholesaler and shall be open for inspection by authorized agents of the Commissioner.|
No Licensee shall sell, offer for sale, or allow to be sold any Alcoholic Beverages through any vending machine or through any unattended machine.
No Licensee, employee of such Licensee, or any person acting on behalf of, or with the knowledge of such Licensee, shall give, sell, offer to sell, furnish, cause to be furnished, or offer to furnish any Alcoholic Beverage to any person who is under the lawful drinking age as established by Georgia law.
Any act which may be construed as a subterfuge in an effort to circumvent any of these regulations shall be deemed a violation of the regulation attempted to be circumvented.
Any person holding any license, permit, or registration issued pursuant to this
Act or any employee or agent of the person who violates any provision of this
Act or these regulations, or directs, consents to, permits, or acquiesces in
such violation, either directly or indirectly shall, by such conduct, subject
the license to suspension, revocation or cancellation.
|(2)|| It shall
be a violation of this Act and these regulations for any Licensee, permittee,
or registrant to permit any person to engage in any activity on the premises
for which the license is issued or within the Place of Business, which is in
violation of the laws or regulations of any federal, state, county or municipal
governing authority or regulatory agency.
No Licensee shall keep, possess, or store at the Licensee's Place of Business any Alcoholic Beverages for which the Licensee does not hold a valid license to sell those Alcoholic Beverages at that Licensees Place of Business.
No Licensee, employee of any Licensee, or any person acting on behalf of any Licensee shall furnish, or give Alcoholic Beverages to any person on any day or at any time when sale of same is prohibited by law.
No Person shall move or cause to be moved into Georgia, receive, hold, purchase, give away, sell, or offer to sell in Georgia any Alcoholic Beverages unless the Brand has first been registered with and approved by the Commissioner or his agent as provided in Regulation 560-2-5-.08
|(1)|| Retailers or
Retail Consumption Dealers offering checks in payment for purchases of
merchandise from a Wholesaler, whether the Retailer or Retail Consumption
Dealer is the maker or endorser of such checks shall, upon notification that
any check has been dishonored, make immediate payment for that check.
|(2)|| Wholesalers who receive a
dishonored check from a Retailer or Retail Consumption Dealer and secure a
criminal warrant or a returned check citation against the Retailer or Retail
Consumption Dealer must notify the Commissioner, in writing, within ten (10)
days of the date of issuance of the warrant or citation.
Any Licensee who has any disciplinary action taken against him or his employees
by any authority, either municipal, county, State, or federal shall notify the
Commissioner or the Commissioner's agents within fifteen (15) days of such
|(2)|| Disciplinary action as used in
this Regulation means any action taken by any municipal, county, state or
federal agency against the Licensee, its employees, or its Place of Business
including but not limited to:
|(3)||Traffic citations written to the Licensee or any of its employees need not be reported to the Commissioner or the Commissioner's agents.|
actions or accusations against the Licensee, or any person, firm or corporation
holding a financial interest in the license shall be reported in accordance
with paragraph (1) of this Regulation.
|(1)|| Upon termination of a Retailer's or
Retail Consumption Dealer's business, such Retailer or Retail Consumption
Dealer may return to the appropriate Wholesaler such goods as he then has on
hand, and the Wholesaler shall accept the return of such goods deemed by such
Wholesaler to be saleable at the prices posted by such Wholesaler pursuant to
these Regulations at the time such goods were sold.
|(1)|| For products
that are unmarketable due to internal content deterioration resulting in the
product varying substantially in taste or appearance from the Manufacturer's
specifications, the Manufacturer, Shipper or Importer may petition the
Commissioner in writing to request authorization to recall such products.
Commissioner may issue a special use permit subject to the following mandatory
following events shall qualify for a special use permit:
|(3)||All applicable bonds and fees must be paid.|
|(4)||No special use permit shall be issued unless the applicant is in full compliance with the laws and regulations governing the sale of alcoholic beverages, including alcohol excise tax laws.|
For the purpose of this regulation,
|(2)|| Permit Applicants:
Persons may apply for a permit to sell or distribute Alcoholic Beverages for consumption on the premises of a licensed Manufacturer or Wholesaler for a period not to exceed three (3) days, subject to the following mandatory conditions:
|(3)|| Duties of the Permittee:
|(4)|| Contracting for Event Services:
Nothing in this regulation shall prohibit a vendor ordinarily engaged in the business of providing Event Services who holds a retail or consumption on premises license from providing Event Services as an arms-length independent contractor pursuant to a written agreement.
|(5)|| Duties of the Manufacturer or Wholesaler: