Subject 560-2-13 ALCOHOLIC BEVERAGE CATERING

Rule 560-2-13-.01 Alcoholic Beverage Catering; Qualifications

(1)	Any establishment which obtains and holds all the required licenses and permits and otherwise complies with the provisions contained in these regulations shall be authorized to sell, transport, deliver, and dispense Alcoholic Beverages for which a license was obtained.

(2)

In order to qualify as an Alcoholic Beverage caterer, the caterer must satisfy the following requirements:

(a)

The caterer must be the holder of either:

1.	A valid state Retailer of Distilled Spirits license;

2.	A valid state Retail Consumption Dealer license;

3.	A valid state Retailer of Malt Beverages license; or

4.	A valid state Retailer of Wine license.

(b)

The caterer must also be the holder of:

1.	A valid local Alcoholic Beverage license; and

2.	A valid local catering event permit issued by the local governing authority in the jurisdiction where the event is to be held, except where catering events are authorized in that local jurisdiction but the local governing authority does not issue such permits.

(3)	The caterer may only sell the types of Alcoholic Beverages for which the caterer has obtained a state license.

Rule 560-2-13-.02 Requirements; Restrictions; Prohibitions

(1)

All sales of Alcoholic Beverages in connection with an authorized catered event shall be paid for in cash.

(a)	All other Alcoholic Beverage sales will be subject to restrictions and requirements imposed by other Department regulations; and

(b)	The acceptance of checks, debit cards, and credit cards shall be deemed the same as cash and are subject to the requirements and restrictions imposed by other Department regulations.

(2)	No Distilled Spirits which exceed ten percent (10%) alcohol by volume may be sold in containers smaller than 750 milliliters in connection with an authorized catered event.

(3)

All sales are final and in no case will broken Packages of Alcoholic Beverages be removed or returned by the licensed Alcoholic Beverage caterer from the site of the authorized catered event to his or her place of business or any other location.

(a)	All returns of unbroken Packages must be documented on the Quantity-Destination report;

(b)	Return of unbroken Packages of Alcoholic Beverages shall be handled as a "no sale"; and

(c)	Leftover broken Packages of Alcoholic Beverages shall be the property of the event sponsor.

(4)

The licensed Alcoholic Beverage caterer must provide all personnel needed to handle the Alcoholic Beverages at the authorized catered event.

(a)

The handling of Alcoholic Beverages shall include, but is not limited to:

1.	Bartending services;

2.	Dispensing;

3.	Serving; and

4.	Providing or furnishing Alcoholic Beverages.

(b)	Employees of a licensed Alcoholic Beverage caterer must be twenty-one (21) years of age or older in order to dispense, serve, sell, or handle Alcoholic Beverages at any authorized catered event.

(5)	The sale of Alcoholic Beverages shall only be allowed on Sunday by an Alcoholic Beverage caterer if the sale is authorized on Sunday by Georgia Laws and local ordinances.

(6)

It shall be a violation of these regulations for a licensed Alcoholic Beverage caterer to violate a local ordinance with respect to the sale or transportation of Alcoholic Beverages in connection with an authorized catered event.

(a)	Except as provided for in this Subject 560-2-13, there shall be no other transportation of Alcoholic Beverages by Retailers or Retail Consumption Dealers.

(7)

The licensed Alcoholic Beverage caterer shall notify the Commissioner in writing of the site of the authorized catered event.

(a)	The notification shall also contain any other information as the Commissioner may require; and

(b)	The notification must be received by the Department at least five (5) business days prior to the authorized catered event.

(8)

The licensed Alcoholic Beverage caterer shall keep on file at his place of business for no less than three (3) years:

(a)	All Beverage Alcohol Quantity/Destination Reports on Form ATT-CA-1;

(b)	Local catering event permits;

(c)	The names and identification information of all personnel assigned to work each function; and

(d)	All other documents, records, and reports required by Georgia law and Department regulations.

(9)

The licensed Alcoholic Beverage caterer is required to notify sponsors of authorized catered events of the authority of the Commissioner or his agents to enter upon the premises of an authorized catered event for the purpose of inspection and enforcement of these regulations and all other laws and regulations pertaining to the sale, possession, dispossession, and distribution of Alcoholic Beverages.

Rule 560-2-13-.03 Transportation and Delivery

(1)

The transportation and delivery of Alcoholic Beverages by a licensed Alcoholic Beverage caterer is subject to the following requirements and restrictions:

(a)	Delivery of Alcoholic Beverages by a licensed Alcoholic Beverage caterer shall be made only in connection with a permitted catered event;

(b)	Deliveries not meeting the requirements as set forth in these regulations shall be a violation of these regulations and other Department regulations governing the transportation of Alcoholic Beverages by Retailers and Retail Consumption Dealers;

(c)	Violation of these regulations shall be cause for the suspension or revocation of Licensee's Alcoholic Beverage licenses and/or forfeiture of Licensee's bond by the Commissioner;

(d)	All Alcoholic Beverages transported in violation of these regulations shall be declared contraband and subject to seizure by the Commissioner or the Commissioner's agents;

(e)	The transportation and delivery of Alcoholic Beverages shall be made in unbroken Packages only to the permitted event site by the Licensee of an Alcoholic Beverage catering establishment or employees of the Licensee who are twenty-one (21) years of age or older;

(f)

Vehicles used by a licensed Alcoholic Beverage caterer for the transportation and delivery of Alcoholic Beverages in connection with a permitted catered event shall be marked only with the state license number;

1.	The lettering shall be two (2) inches high and one (1) inch wide on each side of the vehicle.

2.	No other wording or advertisements relating to the catering service shall be allowed.

(g)

While transporting and delivering Alcoholic Beverages in connection with an authorized catered event, the licensee or the employee of the licensed Alcoholic Beverage caterer shall have in his or her possession all of the following items:

1.	A copy of the caterer's valid state Alcoholic Beverage license.

2.	A copy of the caterer's valid local Alcoholic Beverage catering event permit from the local governing authority in the jurisdiction where the event is being held.

3.	The Alcohol Beverage Catering Quantity/ Destination Report.

(h)	Delivery of all Alcoholic Beverages by a Licensee to an authorized catered event must be made in unbroken containers; and

(i)	The serving of all Alcoholic Beverages at the authorized catered event must be by the drink.

Rule 560-2-13-.04 Violations

Any violation of these regulations will be considered a violation of the Licensee's state Alcoholic Beverage license and shall be sufficient cause for the suspension or revocation of the license and/or the forfeiture of the Licensee's bond.