Ga. Comp. R. & Regs. R. 560-2-3-.02 - Restriction to Retailer Business Hours; Exception; Restrictions on Other Mercantile Establishments; Manner of Operation

(1) No Retailer of Distilled Spirits shall open its Place of Business or furnish, sell, or offer for sale, any Alcoholic Beverage at any of the following times:

(a) In violation of a county or municipal ordinance or regulation;

(b) In violation of a special order of the Commissioner;

(c) Sundays prior to 11:00 a.m. or after 11:30 p.m., except as otherwise provided in O.C.G.A. § 3-3-7; or

(d) Any other day prior to 8:00 a.m. or after 11:45 p.m.

(2) No Retailer of Distilled Spirits shall be in or permit others to be in its Place of Business at any of the following times:

(a) In violation of a county or municipal ordinance or regulation;

(b) In violation of a special order of the Commissioner;

(c) On Sundays prior to 9:00 a.m.;

(d) On Sundays after 12:00 a.m. (midnight) or, if the Place of Business closes earlier than 11:30 p.m., 30 minutes past the closing time;

1. Example: Package store A closes at 11:00 p.m. The Retailer and all other persons are prohibited from being in the Place of Business after 11:30 p.m.

(e) On all days other than Sunday, prior to 6:00 a.m.;

(f) On all days other than Sunday, after 12:15 a.m. or, if the Place of Business closes earlier than 11:45 p.m., 30 minutes past the closing time.

1. Example: Package store A closes at 11:30 p.m. The Retailer and all other persons are prohibited from being in the Place of Business after 12:00 a.m. (midnight).

(3) Nothing contained in paragraph (2) shall prohibit a Retailer from being in its Place of Business at any time:

(a) For purposes of responding to emergency situations such as fire or burglary;

(b) For purposes of taking inventory, making repairs, renovating, or any other Alcoholic Beverage business purpose which does not involve the presence of Persons other than the Retailer, its agents or employees, when the activities could not reasonably be carried out during regular business hours, provided that the Licensee posts on all door entrances to the Place of Business a sign to read: "CLOSED, NO CUSTOMERS ALLOWED ON PREMISES."

(c) This exception does not relieve the Licensee from full compliance with all local laws and regulations or authorize the presence on the Retailer's Place of Business of any Person other than the Retailer, its agents or employees.

(4) Except as provided in Rule 560-2-3-.14, no Retailer shall operate in connection with any other mercantile establishment.

Notes

Ga. Comp. R. & Regs. R. 560-2-3-.02

O.C.G.A. §§ 3-2-2, 3-3-7, 48-2-12.

Original Rule entitled "Registration of Producers and Sellers; Joint Registrants; Registration Fees" adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled "Registration of Producers, Sellers, Joint Registrants and Brands; Registration Fee; Additional Brand Registrations" adopted. F. Oct. 23, 1969; eff. Nov. 1, 1969, as specified by the Agency. Repealed: New Rule entitled "Licensed Producer" adopted. F. May 5, 1982; eff. May 25, 1982. Repealed: F. Nov. 8, 2006; eff. Nov. 28, 2006. Amended: New Rule entitled "Restriction to Retailer Business Hours; Exception; Restrictions on Other Mercantile Establishments; Manner of Operation" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010. Amended: F. Feb. 28, 2012; eff. Mar. 19, 2012. Amended: F. May 31, 2023; eff. June 20, 2023. Amended: F. Jan. 19, 2024; eff. Feb. 8, 2024.