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. Cite as Ga. Comp. R. & Regs. R. 560-2-3-.12 Authority: O.C.G.A. §§ 3-2-2 ; 3-4-21 , 3-15-2 , 3-15-3 , 48-2-12 . History. Original Rule entitled "Bill of Lading in Advance of Shipment" adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled "Producers Monthly Report: Invoices" adopted. F. May 13, 1975; eff. June 2, 1975. Repealed: New Rule entitled "Application a Permanent Record; Specification of Premises: Licenses Valid After December 31" adopted. F. May 5, 1982; eff. May 25, 1985. Repealed: New Rule entitled "Specification of Premises" adopted. F. Dec. 15, 2006; eff. Jan. 4, 2007. Repealed: New Rule entitled "Retailer License" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010. Amended: New title, "Retailer of Distilled Spirits License." F. May 31, 2023; eff. June 20, 2023. Note: Correction of non-substantive typographical errors in paragraph (9), ". pursuant to O.G.C.A. 3-15-2(9)," and ". purposes of O.G.C.A. § 3-15-2(3) , " corrected to ". pursuant to O.C.G.A. 3-15-2(9) , " and ". purposes of O.C.G.A. § 3-15-2(3) , " respectively (i.e., "O.G.C.A." corrected to "O.C.G.A."), as requested by the Agency. Effective September 5, 2023.