§ 6-217. Limitation on the number of licenses.  


Latest version.
  • (a)

    Distilled spirits—Consumption on the premises. No person, person in partnership with an applicant or licensee, or officer of a corporation, as owner or operator of the licensed premises, may hold a license for the sale by the drink of alcoholic beverages who also owns any interest whatsoever in any wholesale business or manufacturer of alcoholic beverages.

    (b)

    Distilled spirits—Manufacture, distribution, and sale by the package. No person, person in partnership with an applicant or licensee, or officer of a corporation, as owner or operator of the licensed premises, may hold a license for the sale by retail of distilled spirits who also owns any interest whatsoever in any wholesale business or manufacture of distilled spirits as set out in O.C.G.A. § 3-4-21, as amended, which reads as follows:

    (a)

    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)

    (1)

    "Person" shall include all members of a retail dealer licensee's family and "family" shall include any person related to the holder of the license within the first degree of consanguinity and affinity as computed according to O.C.G.A. § 19-3-3.

    (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 section shall prohibit the re-issuance of a valid 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.

    (c)

    Sale by the drink or by package of wine and malt beverages. No person or person in partnership with said applicant or licensee or officer of a corporation, as owner or operator of the licensed premises, may hold a retail wine or malt beverage license and a wholesale wine or malt beverage license.

(Ord. No. 05-1249, 11-2-05)