09 LC 36
1214
House
Bill 138
By:
Representatives Williams of the
4th,
Jerguson of the
22nd,
Willard of the
49th,
Millar of the
79th,
and Kaiser of the
59th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to
local authorization and regulation of sales of alcoholic beverages on Sunday, so
as to provide that any county in which the Sunday sale of alcoholic beverages is
authorized may authorize the sale of alcoholic beverages in certain public
stadiums, coliseums, and auditoriums; to provide that in each county or
municipality in which package sales of only malt beverages and wine by retailers
is lawful, the governing authority of the county or municipality, as
appropriate, may authorize package sales by a retailer of malt beverages and
wine on Sundays from 12:30 P.M. until 11:30 P.M., if approved by referendum; to
provide that in each county or municipality in which package sales of malt
beverages, wine, and distilled spirits by retailers are all lawful, the
governing authority of the county or municipality, as appropriate, may authorize
package sales by a retailer of malt beverages, wine, and distilled spirits on
Sundays from 12:30 P.M. until 11:30 P.M., if approved by referendum; to provide
procedures; to provide for applicability; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 3-3-7 of the Official Code of Georgia Annotated, relating to local
authorization and regulation of sales of alcoholic beverages on Sunday, is
amended by revising subsection (n) as follows:
"(n)
A municipality
or
county in which the sale of alcoholic
beverages on Sunday is authorized by any other provision of law may by the
adoption of an ordinance authorize the sale of alcoholic beverages in public
stadiums,
coliseums,
and auditoriums owned or controlled by it or by a public authority and having
seating capacity in excess of 2,500 people on Sunday between the hours of 12:30
P.M. and midnight."
SECTION
2.
Said
Code section is further amended by adding new subsections to read as
follows:
"(p)(1)
Notwithstanding other laws, in each county or municipality in which package
sales of malt beverages and wine by retailers are lawful, but package sales of
distilled spirits by retailers are not lawful, the governing authority of the
county or municipality, as appropriate, may authorize package sales by retailers
of malt beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M., if such
Sunday sales of both malt beverages and wine are approved by referendum as
provided in paragraph (2) of this subsection.
(2)
Any governing authority desiring to permit and regulate package sales by
retailers of both malt beverages and wine on Sundays from 12:30 P.M. until 11:30
P.M., pursuant to paragraph (1) of this subsection, shall so provide by proper
resolution or ordinance. Upon receipt of the resolution or ordinance, the
election superintendent shall issue the call for an election for the purpose of
submitting the question of Sunday package sales by retailers of both malt
beverages and wine to the electors of that county or municipality for approval
or rejection. The election superintendent shall issue the call and shall
conduct the election on a date and in the manner authorized under Code Section
21-2-540. The election superintendent shall cause the date and purpose of the
election to be published once a week for four weeks immediately preceding the
date of the election in the official organ of the county. 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 package sales by retailers of both malt beverages and wine
on Sundays from 12:30 P.M. until 11:30 P.M.?'
|
All
persons desiring to vote for approval of package sales by retailers of malt
beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M. shall vote 'Yes,'
and all persons desiring to vote for rejection of package sales by retailers of
malt beverages and wine on Sundays from 12:30 P.M. until 11:30 P.M. shall vote
'No.' If more than one-half of the votes cast on the question are for approval
of Sunday package sales by retailers of malt beverages and wine on Sundays from
12:30 P.M. until 11:30 P.M., the resolution or ordinance approving such Sunday
package sales by retailers of malt beverages and wine shall become effective
upon the date so specified in that resolution or ordinance. The expense of the
election shall be borne by the county or municipality in which the election is
held. The election superintendent shall canvass the returns, declare the result
of the election, and certify the result to the Secretary of State.
(3)
Whenever package sales of malt beverages and wine on Sundays from 12:30 P.M.
until 11:30 P.M. are authorized by a county or municipality pursuant to this
subsection, Sunday package sales by retailers of malt beverages and wine may be
made only by licensed retailers, licensed to sell by the package.
(4)
The provisions of this subsection are in addition to or cumulative of and not in
lieu of any other provisions of this title relative to the sale of malt
beverages and wine by retailers.
(q)(1)
Notwithstanding other laws, in each county or municipality in which package
sales of malt beverages, wine, and distilled spirits by retailers are all
lawful, the governing authority of the county or municipality, as appropriate,
may authorize package sales by retailers of malt beverages, wine, and distilled
spirits on Sundays from 12:30 P.M. until 11:30 P.M., if such Sunday sales of
malt beverages, wine, and distilled spirits are approved by referendum as
provided in paragraph (2) of this subsection. Pursuant to this subsection, the
governing authority may not seek authorization for Sunday sales of only one type
of alcoholic beverage, instead the governing authority must seek authorization
of package sales by retailers of all alcoholic beverages, including malt
beverages, wine, and distilled spirits.
(2)
Any governing authority desiring to permit and regulate package sales by
retailers of malt beverages, wine, and distilled spirits on Sundays from 12:30
P.M. until 11:30 P.M., pursuant to paragraph (1) of this subsection, shall
so provide by proper resolution or ordinance. Upon receipt of the resolution or
ordinance, the election superintendent shall issue the call for an election for
the purpose of submitting the question of Sunday package sales by retailers of
malt beverages, wine, and distilled spirits to the electors of that county or
municipality for approval or rejection. The election superintendent shall issue
the call and shall conduct the election on a date and in the manner authorized
under Code Section 21-2-540. The election superintendent shall cause the date
and purpose of the election to be published once a week for four weeks
immediately preceding the date of the election in the official organ of the
county. 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 package sales by retailers of malt beverages, wine, and
distilled spirits on Sundays from 12:30 P.M. until 11:30 P.M.?'
|
All
persons desiring to vote for approval of package sales by retailers of malt
beverages, wine, and distilled spirits on Sundays from 12:30 P.M. until 11:30
P.M. shall vote 'Yes,' and all persons desiring to vote for rejection of package
sales by retailers of malt beverages, wine, and distilled spirits on Sundays
from 12:30 P.M. until 11:30 P.M. shall vote 'No.' If more than one-half of the
votes cast on the question are for approval of Sunday package sales by retailers
of malt beverages, wine, and distilled spirits on Sundays from 12:30 P.M. until
11:30 P.M., the resolution or ordinance approving such Sunday package sales by
retailers of malt beverages, wine, and distilled spirits shall become effective
upon the date so specified in that resolution or ordinance. The expense of the
election shall be borne by the county or municipality in which the election is
held. The election superintendent shall canvass the returns, declare the result
of the election, and certify the result to the Secretary of State.
(3)
Whenever package sales of malt beverages, wine, and distilled spirits on Sundays
from 12:30 P.M. until 11:30 P.M. are authorized by a county or municipality
pursuant to this subsection, Sunday package sales by retailers of malt
beverages, wine, and distilled spirits may be made only by licensed retailers,
licensed to sell by the package.
(4)
The provisions of this subsection are in addition to or cumulative of and not in
lieu of any other provisions of this title relative to the sale of alcoholic
beverages by retailers."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.