Ga. Comp. R. & Regs. R. 560-2-3-.12 - Retailer of Distilled Spirits License
(1) Every applicant
for a State license as a Retailer of Distilled Spirits shall comply with the
requirements and qualifications set forth in Rule
560-2-2-.02 of these Regulations and
this Rule. The requirements and qualifications in this Rule are cumulative and
not in lieu of any requirements and qualifications of Rule
560-2-2-.02.
(2) In all cases where the owner of the
business is a resident individual, the application shall be made in that name.
(a) Where the owner is a partnership,
association, or non-resident of a county or municipality in which the sale of
Distilled Spirits is authorized, the application shall be made in the name of a
resident officer of a county in which the sale of Distilled Spirits is
authorized, partner or associate owning a substantial interest in the business,
or in the name of the principal resident managing officer, and the application
shall show that the license is for the use of the owner, and the owner shall be
named, and both shall be bonded;
(b) In the event the owner is a corporation
or fraternal organization, the application may be submitted as set forth in
Rule 560-2-2-.02 of
these Regulations.
(3) A
separate Retailer license shall be required for each Place of
Business.
(4) The requirement that
an applicant's license be for the same location may be waived by the Department
where the location previously occupied was lost as the result of the judgment
of a court of general jurisdiction involving no fault or default of the Person
under whom the applicant had occupied the Premises, the condemnation of the
property by an authority having the power of eminent domain, or the due
acquisition of the property of such authority under the threat of condemnation.
(a) The requirement that an applicant's
license be for the same location may be waived by the Department where the net
effect of the proposed change is to reduce the number of package stores
attributed to a Person or in which an applicant and his family holds an
interest.
(5) No Retailer
of Distilled Spirits shall be approved where the Licensee pays to any Person,
firm or corporation any rent, management fee, or other payment based on the
profits or sales of such licensed Premises.
(a) Every applicant for a retail license for
Distilled Spirits shall attach to the application a copy of the applicant's
lease if the applicant is leasing the Premises. The application will be denied
if the rental payments are anything other than fixed amounts reasonable for the
area and consistent with rent paid for similar accommodations by other retail
business establishments.
(6) All leases for a Retailer of Distilled
Spirits shall be in writing and for a term not less than the period of such
license. In the event the lease is terminated for any reason, the retail
license shall be terminated immediately.
(7) Application for a Retailer of Distilled
Spirits for a location that has not been licensed in the previous twelve (12)
months shall include a certificate or scale drawing of a registered surveyor
that the proposed location complies with the Act in regard to distances from
alcohol treatment centers, churches, schools, and licensed locations for retail
sale of Distilled Spirits.
(8)
Pursuant to O.C.G.A. §
3-4-21, no person shall be issued
more than two Retailer of Distilled Spirits licenses, nor shall any person be
permitted to have a beneficial interest in more than two Retailer of Distilled
Spirits licenses, regardless of the degree of such interest, except under
subparagraph (b) of this paragraph 8.
(a) For
purposes of this regulation, a person shall be deemed to have a beneficial
interest in a Retailer license when they:
1.
Holds a Retailer of Distilled Spirits license;
2. Has any ownership interest, whether legal,
equitable or other, in or control over a retail distilled spirits
business;
3. Holds a retail license
for or has any ownership interest in a beer or wine business which is conducted
in conjunction with or immediately adjacent to a retail distilled spirits
business; or
4. Holds the license
for or has any ownership interest in any retail Alcoholic Beverage business and
has any financial, contractual, or other business interest, including any lease
arrangement, in or with a retail distilled spirits business or
licensee.
(b) Under the
de minimis concept, a person who owns less than five percent
(5%) of the shares of a corporation which has more than thirty-five (35)
shareholders or whose stock is publicly traded shall not, on the fact of stock
ownership alone, be deemed to have a beneficial interest in the retail
distilled spirits business of such corporation.
(9) With regards to tasting events, should
any broken package containing Alcoholic Beverages be stored by a Retail Package
Liquor Store not licensed for retail sales for consumption on the premises
pursuant to O.C.G.A. §
3-15-2(9), such
package shall be considered an "open package" at all subsequent tasting events
for purposes of O.C.G.A. §
3-15-2(3) until
such package is entirely consumed or disposed of.
Notes
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