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Constitution of the State of Georgia

Article III. LEGISLATIVE BRANCH · Article III. LEGISLATIVE BRANCH · Section VI. EXERCISE OF POWERS

Art. III, Sec. VI, Para. VII. Regulation of alcoholic beverages.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A constitution provision shown as in force is in force as printed in the volume. A court decision can make a printed provision unenforceable without changing the volume, and the volume does not record that.

  1. The State of Georgia shall have full and complete authority to regulate alcoholic beverages and to regulate, restrict, or prohibit activities involving alcoholic beverages. This regulatory authority of the state shall include all such regulatory authority as is permitted to the states under the Twenty-First Amendment to the United States Constitution. This regulatory authority of the state is specifically delegated to counties and municipalities of the state for the purpose of regulating, restricting, or prohibiting the exhibition of nudity, partial nudity, or depictions of nudity in connection with the sale or consumption of alcoholic beverages; and such delegated regulatory authority may be exercised by the adoption and enforcement of regulatory ordinances by the counties and municipalities of this state. A general law exercising such regulatory authority shall control over conflicting provisions of any local ordinance but shall not preempt any local ordinance provisions not in direct conflict with general law.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Editor's notes

The constitutional amendment (Ga. L. 1994, p. 2018, § 1) providing that the state shall have full and complete authority to regulate alcoholic beverages in any manner permitted under the twenty-first amendment to the United States Constitution was approved by a majority of the qualified voters voting at the general election held on November 8, 1994. (Ga. Const. 1983, Art. 3, § 6, Para. 7; Ga. L. 1994, p. 2018, § 1/HR 709.)

Law reviews

For article, ‘‘Regulation of Alcoholic Beverages Generally,’’ see 28 Ga. St. U.L. Rev. 255 (2011). For note on the 1994 enactment of this paragraph, see 11 Ga. St. U.L. Rev. 33 (1994).

Other notes

Constitutionality.
Ga. Const. 1983, Art. III, Sec. VI, Para. VII does not violate freedom of expression as guaranteed by the first amendment or the prohibition against multiple subject matters in the state Constitution, and the wording of the ballot concerning the amendment did not violate the due process guarantees of the fourteenth amendment. Goldrush II v. City of Marietta, 267 Ga. 683, 482 S.E.2d 347 (1997), cert. denied, 522 U.S. 818, 118 S. Ct. 70, 139 L. Ed. 2d 31 (1997).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from 2ga-const-(v2)-2016-pdf.pdf, Volume V2, 2016 edition, pages 919 to 920; merge action: carried; file SHA-256 1b27199d8655.