09 LC 36
1209
House
Bill 115
By:
Representatives Jerguson of the
22nd,
Ramsey of the
72nd,
Williams of the
4th,
Powell of the
29th,
Maddox of the
127th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia
Annotated, relating to state license requirements and regulations for
manufacture, distribution, and package sales of distilled spirits, so as to
require the provision of certain identifying information to the commissioner to
enable a determination to be made as to whether a person or a person's family
holds more than two retail dealer licenses; to provide for definitions; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to
state license requirements and regulations for manufacture, distribution, and
package sales of distilled spirits, is amended by revising Code Section 3-4-21,
relating to prohibition of holding or having beneficial interest in more than
two retail dealer licenses, as follows:
"3-4-21.
(a)
As used in
this Code section, the term:
(1)
'Beneficial interest' means an ownership interest in, vested interest in,
partnership arrangement with, or other business association with the retail
dealer licensee.
(2)
'Family' means any person related to the holder of the license within the first
degree of consanguinity and affinity as computed according to the canon law
including by blood, adoption, or marriage as a parent, child, sibling, or
spouse.
(3)
'Person' shall:
(A)
Have the same meaning as provided for in Code Section 3-1-2; and
(B)
Include all members of a retail dealer licensee's family.
(b)
For purposes of this Code section, the beneficiaries of a trust shall be
considered to have a beneficial interest in any business forming a part of the
trust estate.
(c)
No person shall be issued more than two retail dealer licenses, nor shall any
person be permitted to have a beneficial interest in more than two retail dealer
licenses issued under this chapter, regardless of the degree of such
interest.
(b)
For purposes of this Code section:
(1)
The term 'person' shall include all members of a retail dealer licensee's
family; and the term 'family' shall include any person related to the holder of
the license within the first degree of consanguinity and affinity as computed
according to the canon law.
(2)
The beneficiaries of a trust shall be considered to have a beneficial interest
in any business forming a part of the trust estate.
(c)
Nothing contained in this Code section shall prohibit the reissuance of a valid
retail dealer license if the license has been:
(1)
Held prior to the creation of any of the above relationships by marriage;
or
(2)
Held prior to April 3, 1978.
(d)
Prior to the issuance or reissuance of a retail dealer license, the person
applying for the license or the renewal of a license shall provide to the
commissioner identification in the form of such person's social security number,
passport number, resident alien card number, temporary resident alien card
number, or Immigration and Naturalization Service number and the social security
number, passport number, resident alien card number, temporary resident alien
card number, or Immigration and Naturalization Service number of each family
member of such person. Failure to provide such identification to the
commissioner shall result in a denial of the issuance or reissuance of a retail
dealer license. If the person applying for the license or the renewal of a
license is not an individual, the officers, directors, and any person holding a
beneficial interest in the entity applying for the retail dealer license shall
comply with the requirements of this subsection.
(e)
Nothing contained in this Code section shall prohibit the reissuance of a valid
retail dealer license if the license has been:
(1)
Held prior to the creation of any of the relationships by marriage referenced in
paragraph (2) of subsection (a) of this Code section; or
(2)
Held prior to April 3, 1978.
(f)
Nothing contained in subsection (d) of this Code section shall prohibit the
reissuance of a valid retail dealer license if the license has been held prior
to July 1, 2009."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.