SB86: SB86 Alcoholic Beverages; retail dealers to offer discounts to consumers through premiums, coupons, or rebates on alcoholic beverages purchased for consumption off the premises; authorize

26 LC 56 0556S The Senate Committee on Regulated Industries and Utilities offered the following substitute to SB 86: A BILL TO BE ENTITLED AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages,1 so as to authorize retail dealers to offer discounts to consumers through premiums, coupons,2 or rebates on alcoholic beverages purchased for consumption off the premises; to provide for3 a definition; to provide certain conditions and requirements fo r the offering of such4 discounts; to increase the number of tasting events a retail package liquor store may conduct;5 to provide for related matters; to provide for an effective date; to repeal conflicting laws; and6 for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is10 amended by adding a new Code section to read as follows:11 "3-3-12.12 (a) As used in this Code section, the term 'discount' means a lower price offered through13 the use of a premium, coupon, or rebate.14 (b) Notwithstanding any other provision of law, any retail dealer may offer a discount on15 alcoholic beverages sold for consumption off of the premises, provided that:16 - 1 - 26 LC 56 0556S (1) Such discount is offered at all licensed premises owned or operated by the same retail17 dealer;18 (2) Such discount is not specific to any particular brand of alcoholic beverages;19 (3) All costs related to any such discount, including, but not limited to, printing,20 advertisement, redemption services, and the actual cost of the discount itself, are borne21 solely by the retail dealer and shall not be directly or indire ctly sourced from a22 manufacturer premium, coupon, or rebate; and23 (4) The discount does not result in any alcoholic beverages being sold at a price less than24 the cost which such retail dealer paid for such alcoholic bever ages. As used in this25 paragraph, the term 'cost' means and includes the wholesale price plus the local excise tax26 imposed, as reflected in invoices which the commissioner may require to be maintained27 on the site of such retail dealer's place of business."28 SECTION 2.29 Said title is further amended by revising Code Section 3-15-2, relating to terms and30 conditions for limited tasting events, as follows:31 "3-15-2.32 Notwithstanding any other provision of this title, in all counties and municipalities in which33 the sale of alcoholic beverages is lawful, retail package liquor stores shall be authorized to34 conduct up to 52 104 tasting events per calendar year, subject to the following terms and35 conditions:36 (1) A tasting event shall only take place on the licensed prem ises and only at times at37 which such alcoholic beverages may be lawfully sold on such licensed premises;38 (2) Only one tasting event per day may be held on the licensed premises and such tasting39 event shall not exceed four hours;40 (3) Only one type of alcoholic beverage may be served at a tas ting event, either malt41 beverages, wine, or distilled spirits; provided, however, that more than one brand of such42 - 2 - 26 LC 56 0556S type of alcoholic beverage may be offered so long as not more t han four packages are43 open at any one time;44 (4) If the tasting event is for malt beverages, a consumer shall not be served more than45 eight ounces of malt beverages during such tasting event. If the tasting event is for wine,46 a consumer shall not be served more than five ounces of wine during such tasting event. 47 If the tasting event is for distilled spirits, a consumer shall not be served more than one48 and one-half ounces of distilled spirits during such tasting event;49 (5) Only alcoholic beverages that the licensee is licensed to sell on the licensed premises50 may be offered as part of a tasting event, and such alcoholic beverages shall be part of the51 licensee's inventory;52 (6) Only food that is lawful to sell on the licensed premises, under this title or under any53 rules or regulations of the commissioner, may be served as part of a tasting event. Such54 food shall be offered at no cost to the consumer;55 (7) Any operator or employee of the licensee may refuse to provide any brand, type, or56 quantity of alcoholic beverage to any consumer;57 (8) The licensee shall notify the governing authority of the c ounty or municipality in58 which the licensed premises is located prior to holding a tasting event;59 (9) Any broken package containing alcoholic beverages on the licensed premises that is60 not licensed for retail sales for consumption on the premises s hall be kept locked in a61 secure room or cabinet by the operator of the licensed premises except when in use62 during a tasting event;63 (10) Representatives and salespersons of manufacturers or whol esalers may attend a64 tasting event; provided, however, that such representatives and salespersons shall not host65 the tasting event, pour any alcoholic beverage, or provide anyt hing of value to any66 consumer or to the licensee or an employee of a licensee; and67 - 3 - 26 LC 56 0556S (11) Any other terms, conditions, and limitations as may be required or imposed by the68 governing authority of the county or municipality in which the licensed premises is69 located."70 SECTION 3.71 This Act shall become effective upon its approval by the Governor or upon its becoming law72 without such approval.73 SECTION 4.74 All laws and parts of laws in conflict with this Act are repealed.75 - 4 -