07 LC 38
0325
Senate
Bill 245
By:
Senator Stoner of the 6th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating
to the regulation of alcoholic beverages generally, so as to authorize the
governing authority of a county or municipality to permit the sale of alcoholic
beverages for consumption on the premises until 4:30 A.M. each day and beginning
at 12:30 P.M. on Sundays; to provide that such authorization shall be by
resolution or ordinance approved in a referendum; to provide for other matters
relative thereto; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
3 of Title 3 of the Official Code of Georgia Annotated, relating to the
regulation of alcoholic beverages generally, is amended by inserting immediately
following Code Section 3-3-7 a new Code Section 3-3-7.1 to read as
follows:
"3-3-7.1.
(a)
Notwithstanding any other provisions of law, in all counties or municipalities
in which the sale of alcoholic beverages is lawful for consumption on the
premises, the governing authority of the county or municipality may, by
resolution or ordinance conditioned on approval in a referendum, authorize the
sale of alcoholic beverages for consumption on the premises until 4:30 A.M. each
day and beginning at 12:30 P.M. on Sundays in any licensed
establishment.
(b)
Any governing authority desiring to permit and regulate alcoholic beverage sales
pursuant to this Code section, but only after a referendum election, shall so
provide by proper resolution or ordinance conditioned on approval in a
referendum. Not less than ten nor more than 60 days after the date of approval
of such resolution or ordinance, it shall be the duty of the election
superintendent of the county or municipality to issue the call for an election
for the purpose of submitting the question of such alcoholic beverage sales to
the electors of the county or municipality for approval or rejection. The
superintendent shall set the date of the election for a day not less than 30 nor
more than 60 days after the date of the issuance of the call. The
superintendent shall cause the date and purpose of the election to be published
in the official organ of the county once a week for two weeks immediately
preceding the date thereof. The ballot shall have written or printed thereon
the words:
|
'( ) YES
( ) NO
|
Shall
the governing authority of (name of county or municipality) be authorized to
permit and regulate the sale of alcoholic beverages for consumption on the
premises until 4:30 A.M. each day and beginning at 12:30 P.M. on
Sundays?'
|
All
persons desiring to vote for approval of such sales shall vote 'Yes,' and those
persons desiring to vote for rejection of such sales shall vote 'No.' If more
than one-half of the votes cast on the question are for approval of such sales,
the governing authority may by appropriate resolution or ordinance permit and
regulate such sales by licensees. Otherwise, such sales shall not be permitted.
The expense of the election shall be borne by the county or municipality in
which the election is held. It shall be the duty of the superintendent to hold
and conduct the election. It shall be his or her further duty to certify the
result thereof to the Secretary of State.
(c)
Notwithstanding this Code section or any other provision of law, all county or
municipal resolutions or ordinances enacted prior to July 1, 2008, pursuant to
the authorizations granted by subsections (a) through (o) of Code Section 3-3-7
are declared to be valid and shall remain in full force and effect unless
affirmatively repealed by the governing authority of the county or
municipality.
(d)
The provisions of this Code section are in addition to or cumulative of and not
in lieu of any other provisions of this title granting certain authority to a
county or municipality relative to the sale of alcoholic beverages for
consumption on the premises."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.