HB718: HB718 Women's Golf Week; first week of April each year; provide

26 LC 56 0665S The Senate Committee on Economic Development and Tourism offered the following substitute to HB 718: A BILL TO BE ENTITLED AN ACT To amend Code Section 3-5-24.1 of the Official Code of Georgia Annotated, relating to1 exception to three-tier system, transfer of liquids, sales at brewer's licensed premises, taxing,2 regulatory authority, and conditions or limitations, so as to provide for satellite tasting rooms3 operated by brewers; to provide for limitations; to provide for an exception to a transfer4 limitation; to provide for rules and regulations; to provide fo r definitions; to provide for5 related matters; to provide for effective dates; to repeal conf licting laws; and for other6 purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Code Section 3-5-24.1 of the Official Code of Georgia Annotated, relating to exception to10 three-tier system, transfer of liquids, sales at brewer's licensed premises, taxing, regulatory11 authority, and conditions or limitations, is amended as follows:12 "3-5-24.1.13 (a) As used in this Code section, the term:14 (1) 'Common ownership' means the same 100 percent common owner ship interest15 including, but not limited to, ownership of the stock, limited liability company16 - 1 - 26 LC 56 0665S membership interest, limited liability partnership interest, ot her entity interest, or17 partnership interest, in whatever form such ownership interest may exist.18 (2) 'Licensed premises' means the physical premises where brew er is licensed by the19 state as a manufacturer of malt beverages. Such term shall not include a satellite tasting20 room.21 (3) 'Produces' means engaging in the material and essential as pects of the brewing22 process to manufacture malt beverage for human consumption; provided, however, when23 a brewer engages in the brewing process at multiple licensed premises, the malt beverage24 will be deemed to have been produced only at the licensed premi ses where such malt25 beverage first began fermentation through the chemical conversion of fermentable sugars26 into alcohol.27 (4) 'Satellite tasting room' means a separate physical locatio n designated by a brewer,28 under common ownership with the brewer, at which the brewer is authorized under29 subsection (h) of this Code section to make retail sales of malt beverages to individuals.30 (b) A limited exception to the provisions of this title providing a three-tier system for the31 distribution and sale of malt beverages shall exist to the exte nt that the license to32 manufacture malt beverages in this state shall include the righ t to sell malt beverages to33 individuals on the brewer's licensed premises for personal use and not for resale, subject34 to the following terms and conditions:35 (1) The brewer may only make sales of malt beverages to an ind ividual while the36 individual is physically on the brewer's licensed premises where the brewer produces malt37 beverages;38 (2) The brewer may make sales of malt beverages the brewer produces at the brewer's39 licensed premises where the individual is purchasing the malt beverages;40 (3) As long as the brewer and all of the brewer's licensed pre mises are under common41 ownership, the brewer may make sales of malt beverages the brew er produces at any42 licensed premises of the brewer and subsequently transfers in c ompliance with the43 - 2 - 26 LC 56 0665S limitations and reporting obligations of subsection (c) of this Code section to the brewer's44 licensed premises for sale where the individual is purchasing the malt beverages;45 (4) The brewer may only make sales of malt beverages for which the brewer is the sole46 owner of the brand and brand label;47 (5) Sales for consumption on the premises are not subject to a daily maximum amount;48 (6) Sales for consumption off the premises shall not exceed a maximum of 288 ounces49 of malt beverages per individual per day; and50 (7) The maximum amount of malt beverages the brewer may sell pursuant to subsection51 (b) of this Code section this subsection in each calendar year shall be 6,000 barrels in the52 aggregate among all brewer's licensed premises making such sales.53 (c) Nothing in this Code section shall be interpreted to prohibit a brewer from transferring54 any liquid, regardless of whether such liquid would be deemed to be malt beverages or not,55 to or from any of the brewer's licensed premises; provided, however, with respect to any56 malt beverages a brewer produces at one of the brewer's license d premises and transfers57 to be sold to individuals pursuant to subsection (b) of this Code section at another of the58 brewer's licensed premises, the maximum number of barrels of malt beverages permitted59 to be transferred from one licensed premises of the brewer to another licensed premises of60 the brewer shall not exceed the number of barrels of malt beverages the brewer produces61 under brands and brand labels for which the brewer is the sole owner at the licensed62 premises receiving the transferred malt beverages and the brewer shall file a report with the63 department every calendar quarter documenting all such transfer s in such form as the64 department shall require.65 (d) A brewer may sell malt beverages pursuant to subsection (b) or (h) of this Code section66 on all days and at all times that sales of malt beverages by retailers are lawful within the67 county or municipality in which the licensed premises of the brewer is located, including,68 but not limited to, Sundays.69 - 3 - 26 LC 56 0665S (e) Any brewer engaging in sales of malt beverages pursuant to subsection (b) or (h) of this70 Code section shall remit all state and local sales, use, and ex cise taxes to the proper tax71 collecting authority.72 (f) The commissioner shall promulgate and enforce such rules and regulations as he or she73 may deem reasonable and necessary to effectuate the provisions of this Code section.74 (g) Upon a violation by a brewer of any provision of this Code section or this title or any75 rule or regulation promulgated thereunder, the commissioner shall have the power to place76 conditions or limitations on such brewer's license and to modify or amend such conditions77 or limitations.78 (h) A brewer may operate up to two satellite tasting rooms, which shall be licensed in such79 manner and subject to such reasonable registration, reporting, and inspection requirements80 as the commissioner may prescribe by rule and regulation. A satellite tasting room license81 shall include the right to sell malt beverages to individuals on the premises of the satellite82 tasting room for personal use and not for resale, subject to th e following terms and83 conditions:84 (1) All malt beverages sold to individuals on the satellite tasting room premises shall be85 purchased from a licensed wholesaler and shall not be supplied by transfers from the86 brewer's licensed premises;87 (2) The brewer may only make sales of malt beverages for which the brewer is the sole88 owner of the brand and brand label; and89 (3) The satellite tasting room premises must provide at least one educational experience,90 which may include but are not limited to, brand history, schedu led guided tastings,91 brewery story signage, and ingredient or process displays."92 - 4 - 26 LC 56 0665S SECTION 2.93 For purposes of proposing rules and regulations, this Act shall become effective upon its94 approval by the Governor or upon its becoming law without such approval. For all other95 purposes, this Act shall become effective on July 1, 2026.96 SECTION 3.97 All laws and parts of laws in conflict with this Act are repealed.98 - 5 -