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HB 140 - Alcoholic beverages; private clubs; Sunday sales

Reichert, Robert A. B. (126th)	Graves, David B (125th)	Jones, Vernon A (71st)
Epps, Carl Von (131st)

Status Summary	HC:	RBev	SC:	SLGO	FR:	01/15/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A BILL to amend Article 1 of Chapter 7 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding the sale of distilled spirits by private clubs, so as to provide for Sunday sales of other alcoholic beverages in such clubs; and for other purposes.

Code Sections - 3-7-2/ 3-8-6

HB 140                                              HB 140/AP 
 
      H. B. No. 140 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Reichert of the 126th, Graves of the 
      125th, Jones of the 71st and Epps of the 131st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 3 of the Official Code of Georgia Annotated, 
  1- 2  relating to alcoholic beverages, so as to provide for the 
  1- 3  Sunday sale of alcoholic beverages in bowling centers; to 
  1- 4  provide for Sunday sales of other alcoholic beverages in 
  1- 5  private clubs; to authorize the serving of alcoholic 
  1- 6  beverages at a technical institute which is operated  by a 
  1- 7  unit of the Department of Technical and Adult Education and 
  1- 8  which has a business conference center capable of 
  1- 9  accommodating 200 people or more incident to its operation; 
  1-10  to provide an effective date; to repeal conflicting laws; 
  1-11  and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Title 3 of the Official Code of Georgia Annotated, relating 
  1-15  to alcoholic beverages, is amended by inserting at the end 
  1-16  of Code Section 3-3-7, relating to local authorization and 
  1-17  regulation of sales of alcoholic beverages on Sunday, the 
  1-18  following: 
 
  1-19      "(o)(1) As used in this subsection, the term 'bowling 
  1-20      center' means an establishment which is licensed to sell 
  1-21      distilled spirits, malt beverages, or wines and which 
  1-22      derives at least 50 percent of its total annual gross 
  1-23      revenues either from the rental of bowling lanes and 
  1-24      bowling equipment or from the combination of the rental 
  1-25      of bowling lanes and bowling equipment and the sale of 
  1-26      prepared meals and other food products. 
 
  1-27      (2) The governing authority of any municipality or 
  1-28      county in  any portion of which the sale of alcoholic 
  1-29      beverages is authorized may by ordinance authorize the 
  1-30      sale of alcoholic beverages   for consumption on the 
  1-31      premises in any bowling center located within the 
  1-32      jurisdiction of such governing authority between the 
  1-33      hours of 12:30 P.M. and 12:00 midnight on Sundays." 
 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  Said title is further amended by striking Code Section 
  2- 3  3-7-2, relating to Sunday sales of distilled spirits, and 
  2- 4  inserting in its place the following: 
 
  2- 5    "3-7-2. 
 
  2- 6    Notwithstanding any other provision of this chapter, a 
  2- 7    bona fide private club at which the sale of distilled 
  2- 8    spirits or other alcoholic beverages by the drink for 
  2- 9    consumption only on the premises where sold is otherwise 
  2-10    authorized pursuant  to this chapter is authorized to sell 
  2-11    those same distilled spirits and other alcoholic beverages 
  2-12    by the drink at any time on Sundays." 
 
  2-13                           SECTION 3. 
 
  2-14  Chapter 8 of Title 3 of the Official Code of Georgia 
  2-15  Annotated, relating to the sale of alcoholic beverages at 
  2-16  publicly owned facilities, is amended by adding at the end 
  2-17  thereof a new Code Section 3-8-6 to read as follows: 
 
  2-18    "3-8-6. 
 
  2-19    (a) As used in this Code section, the term 'technical 
  2-20    institute' means any facility which is operated by a unit 
  2-21    of the Department of Technical and Adult Education and 
  2-22    which has a business conference center capable of 
  2-23    accommodating 200 people or more incident to its 
  2-24    operation. 
 
  2-25    (b) Notwithstanding the provisions of Code Sections 3-3-21 
  2-26    and 3-3-21.1, a technical institute may serve alcoholic 
  2-27    beverages incident to its operation of a business 
  2-28    conference center. 
 
  2-29    (c) For purposes of regulating and taxing the sale, 
  2-30    storage, and distribution of alcoholic beverages as 
  2-31    provided in this Code section, a technical institute shall 
  2-32    be considered to be within a municipality if the 
  2-33    institute, or a greater part of the institute, is within 
  2-34    the limits of the municipality.  A technical institute 
  2-35    shall be considered to be within the unincorporated area 
  2-36    of a county if the institute, or a greater part of the 
  2-37    institute, is located within the unincorporated area of 
  2-38    the county." 
 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 4. 
 
  3- 2  This Act shall become effective upon its approval by the 
  3- 3  Governor or upon its becoming law without such approval. 
 
  3- 4                           SECTION 5. 
 
  3- 5  All laws and parts of laws in conflict with this Act are 
  3- 6  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-