3-3-1.1. Legislative intent; construction.

This title has been enacted pursuant to the authority granted to the state under the Twenty-first Amendment to the United States Constitution, the powers reserved to the state under the Tenth Amendment to the United States Constitution, and the inherent powers of the state under the Constitution of the State of Georgia of 1983. It is the intent of the General Assembly that this title do all of the following:#

1. (1)

   Further regulate and control alcoholic beverage transactions in this state under the control and supervision of the commissioner;#

2. (2)

   Promote and assure the public’s interest in fair and efficient distribution and quality control of alcoholic beverages in this state;#

3. (3)

   Promote orderly marketing of alcoholic beverages;#

4. (4)

   Prevent unfair business practices, discrimination, and undue control of one segment of the alcoholic beverage industry by any other segment;#

5. (5)

   Foster vigorous and healthy competition in the alcoholic beverage industry;#

6. (6)

   Preserve and promote a robust, stable system of distribution of alcoholic beverages to the public;#

7. (7)

   Provide for an orderly system of public revenues by facilitating the collection and accountability of this state and local excise taxes;#

8. (8)

   Facilitate the collection of state and local revenue;#

9. (9)

   Promote the health, safety, and welfare of residents of this state by, among other purposes, ensuring that the commissioner shall be able to inspect and seize any alcoholic beverage shipped into, distributed, and sold throughout this state and ensuring that any such alcoholic beverage:#

   1. (A)

      Has been registered for sale in this state with the commissioner;#

   2. (B)

      Is not subject to a government mandated or supplier initiated recall;#

   3. (C)

      Is not counterfeit;#

   4. (D)

      Is labeled in conformance with applicable laws, rules, and regulations;#

   5. (E)

      Can be tested by the commissioner or an agent assigned by the commissioner; and#

   6. (F)

      Is not prohibited by this state; and#

10. (10)

    Promote and maintain a sound, stable, and viable three-tier system of distribution of alcoholic beverages to the public.#

If any provision of this title or its application to any person or circumstance is determined by a court or other authority of competent jurisdiction to be invalid or unconstitutional, such provision shall be stricken and the remaining provisions shall be construed in accordance with the intent of the General Assembly to further limit rather than expand commerce in alcoholic beverages, and with respect to alcoholic beverages, the remaining provisions shall be construed to enhance strict regulatory control over the taxation, manufacture, distribution, and sale of alcoholic beverages through the three-tier regulatory system and the licensing laws imposed by this title.#