Senate · Introduced · 2025-2026 Regular Session

SB122: SB122 "Craft Beer and Local Economy Revitalization Act"; enact

Last action February 10, 2025 · Senate Read and Referred

A Georgia Senate bill would let craft brewers donate beer to charity events, remove the daily cap on off-premises beer sales at breweries, and allow small brewers to sell up to 3,000 barrels a year at wholesale to nearby retailers.

In plain language

Georgia currently limits how much beer a brewery can sell directly to customers for off-premises consumption and does not have a clear process for breweries to donate beer to charity events. This bill, called the Craft Beer and Local Economy Revitalization Act, changes several parts of Georgia's alcohol code (Title 3 of the O.C.G.A.) that govern malt beverages. It creates a new legal definition of 'small brewer' (one whose sales to its wholesaler are no more than 15 percent of that wholesaler's total sales). It adds a new section letting brewers and brewpubs donate beer directly to nonprofit organizations holding charity event permits, with rules on returning unused beer and who transports it. It removes the current 288-ounce daily cap on beer sold for off-premises consumption at a brewery's own location. It also lets qualifying small brewers sell up to 3,000 barrels of beer per year at wholesale to retailers within 100 miles, and updates tax reporting rules to cover donated beer.

What the bill does

Creates a legal definition of 'small brewer' as a brewer or brewpub whose sales to its wholesaler are 15 percent or less of that wholesaler's yearly total sales.
Adds a new law (O.C.G.A. § 3-5-6) letting brewers and brewpubs donate their beer directly to nonprofit charity event permit holders, with limits on quantity and return of unused beer within 24 hours.
Removes the existing 288-ounce daily limit on how much beer a brewery can sell an individual for off-premises consumption at the brewery.
Creates a new law (O.C.G.A. § 3-5-24.2) allowing small brewers to sell up to 3,000 barrels per year at wholesale to retailers located within 100 miles of the brewery.
Updates the tax remittance law (O.C.G.A. § 3-5-81) so brewers and brewpubs must pay excise taxes on beer they donate to charity events, not just beer they sell.
Adds an exception clause to the contraband law (O.C.G.A. § 3-5-27) covering malt beverages acquired outside the usual wholesale channel.

Who it affects

Georgia craft brewers and brewpubs, especially smaller operations that qualify as 'small brewers'; licensed beer wholesalers and retailers; nonprofit civic organizations that hold charity event alcohol permits; and consumers who buy beer directly from breweries.

Why it matters

Breweries would be able to sell more beer directly to customers without a daily cap, potentially increasing on-site sales revenue, while small brewers gain a new wholesale sales channel to nearby retailers. Nonprofits could receive donated beer for fundraising events under clearer rules, and the state would still collect excise taxes on those donations.

Key provisions

Section 1 names the bill the 'Craft Beer and Local Economy Revitalization Act.'
Section 2 adds a definition of 'small brewer' to O.C.G.A. § 3-1-2 based on the 15 percent wholesale sales threshold.
Section 3 creates O.C.G.A. § 3-5-6, allowing direct beer donations from brewers or brewpubs to permitted charitable events, with a 24-hour return rule for unused product.
Section 4 revises O.C.G.A. § 3-5-24.1(b) to eliminate the 288-ounce daily cap on off-premises sales at a brewery, while keeping the 6,000 barrel annual aggregate limit.
Section 5 creates O.C.G.A. § 3-5-24.2, letting small brewers sell up to 3,000 barrels per year at wholesale to retailers within 100 miles and trade beer with other licensed brewers and brewpubs.
Section 6 revises the contraband law (O.C.G.A. § 3-5-27) to add an exception clause for other provisions of the chapter.
Section 7 revises the tax payment law (O.C.G.A. § 3-5-81) to require excise tax payment and reporting on donated beer, due by the tenth of the following month.

Status timeline

2025-02-10Senate Read and Referred (Senate)
2025-02-06Senate Hopper (Senate)

Topics

craft beer
alcohol regulation
small business
charitable donations
brewery sales