SB456: SB456 Alcoholic Beverages; regulation of the manufacture, distribution, and sale; provide

26 LC 56 0526 Senate Bill 456 By: Senators Bearden of the 30th, Anavitarte of the 31st, Robertson of the 29th, Summers of the 13th, Hickman of the 4th and others 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 provide for regulation of the manufacture, distribution, and sale of certain alcoholic2 beverages; to provide for a definition; to provide for the stat e revenue commissioner to3 promulgate certain rules and regulations; to authorize manufacturers of malt beverages to sell4 the malt beverages they produce, subject to certain limitations and conditions; to increase the5 daily maximum of malt beverages per individual per day of sales for consumption off the6 premises; to permit small brewers to sell a limited quantity of malt beverages at wholesale;7 to provide for related matters; to provide for effective dates; to repeal conflicting laws; and8 for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is12 amended by adding a new paragraph to Code Section 3-1-2, relating to definitions, to read13 as follows:14 S. B. 456 - 1 - 26 LC 56 0526 "(20.1) 'Small brewer' means a brewer or brewpub whose sales of products to such15 brewer's or brewpub's wholesaler licensed under this title, if any, do not exceed 1516 percent of such wholesaler's total sales in the prior calendar year."17 SECTION 2.18 Said title is further amended by revising subsection (b) of Code Section 3-5-24.1, relating to19 exception to three-tier system, transfer of liquids, sales at brewer's licensed premises, taxing,20 regulatory authority, and conditions or limitations, as follows:21 "(b) A limited exception to the provisions of this title providing a three-tier system for the22 distribution and sale of malt beverages shall exist to the exte nt that the license to23 manufacture malt beverages in this state shall include the righ t to sell malt beverages to24 individuals on the brewer's licensed premises for personal use and not for resale, subject25 to the following terms and conditions:26 (1) The brewer may only make sales of malt beverages to an ind ividual while the27 individual is physically on the brewer's licensed premises where the brewer produces malt28 beverages;29 (2) The brewer may make sales of malt beverages the brewer produces at the brewer's30 licensed premises where the individual is purchasing the malt beverages;31 (3) As long as the brewer and all of the brewer's licensed premises are under common32 ownership, the brewer may make sales of malt beverages the brew er produces at any33 licensed premises of the brewer and subsequently transfers in c ompliance with the34 limitations and reporting obligations of subsection (c) of this Code section to the brewer's35 licensed premises for sale where the individual is purchasing the malt beverages;36 (4) The brewer may only make sales of malt beverages for which the brewer is the sole37 owner of the brand and brand label;38 (5) Sales for consumption on the premises are not subject to a daily maximum amount;39 S. B. 456 - 2 - 26 LC 56 0526 (6) Sales for consumption off the premises shall not exceed a maximum of 288 ounces40 of malt beverages per individual per day are not subject to a daily maximum amount; and41 (7) The maximum amount of malt beverages the brewer may sell p ursuant to this42 subsection (b) of this Code section in each calendar year shall be 6,000 barrels in the43 aggregate among all brewer's licensed premises making such sales."44 SECTION 3.45 Said title is further amended by adding a new Code section to read as follows:46 "3-5-24.2.47 (a) Notwithstanding the provisions of Code Section 3-5-24.1 and as a limited exception48 to the provisions of this title providing a three-tier system for the distribution and sale of49 malt beverages, the license to manufacture malt beverages in th is state shall include for50 small brewers the right to:51 (1) Sell per calendar year up to 1,000 barrels of malt beverag es produced at the small52 brewer's licensed premises at wholesale to retailers licensed in this state that are located53 within the same county as the small brewer's licensed premises;54 (2) Sell, deliver, and ship its malt beverages to other licensed brewers and brewpubs; and55 (3) Acquire and receive deliveries and shipments of such malt beverages made by other56 licensed brewers and brewpubs.57 (b) The commissioner shall promulgate and enforce such rules and regulations as he or she58 may deem reasonable and necessary to effectuate the provisions of this Code section."59 SECTION 4.60 Said title is further amended by revising Code Section 3-5-27, relating to malt beverages61 acquired by retail dealers from persons other than licensed who lesale dealers declared62 contraband, as follows:63 S. B. 456 - 3 - 26 LC 56 0526 "3-5-27.64 Except as otherwise provided in this chapter, any Any malt beverage possessed, sold, or65 offered for sale by a retail dealer which was purchased or othe rwise acquired from any66 person other than a wholesale dealer authorized to do business under this chapter is67 declared to be contraband and shall be seized by the commissioner or the appropriate local68 authorities and disposed of by the commissioner in the manner provided in this title."69 SECTION 5.70 For purposes of proposing rules and regulations, this Act shall become effective upon its71 approval by the Governor or upon its becoming law without such approval. For all other72 purposes, this Act shall become effective on July 1, 2026.73 SECTION 6.74 All laws and parts of laws in conflict with this Act are repealed.75 S. B. 456 - 4 -