Georgia Code
Article 1 - General Provisions
§ 3-3-7. Local Authorization and Regulation of Sales of Alcoholic Beverages on Sunday

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All persons desiring to vote for approval of Sunday sales shall vote ‘‘Yes,’’ and those persons desiring to vote for rejection of Sunday sales shall vote ‘‘No.’’ If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State.
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All persons desiring to vote for approval of Sunday sales shall vote ‘‘Yes,’’ and those persons desiring to vote for rejection of Sunday sales shall vote ‘‘No.’’ If more than one-half of the votes cast on the question are for approval of Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
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All persons desiring to vote for approval of such Sunday sales shall vote “Yes,” and those persons desiring to vote for rejection of such Sunday sales shall vote “No.” If more than one-half of the votes cast on the question are for approval of such Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate such Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
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All persons desiring to vote for approval of such Sunday sales shall vote “Yes,” and those persons desiring to vote for rejection of such Sunday sales shall vote “No.” If more than one-half of the votes cast on the question are for approval of such Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate such Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
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All persons desiring to vote for approval of such Sunday sales shall vote “Yes,” and those persons desiring to vote for rejection of such Sunday sales shall vote “No.” If more than one-half of the votes cast on the question are for approval of such Sunday sales, the governing authority may by appropriate resolution or ordinance permit and regulate such Sunday sales by licensees. Otherwise, such Sunday sales shall not be permitted. The expense of the election shall be borne by the county or municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his or her further duty to certify the result thereof to the Secretary of State.
(j.1) (1) Notwithstanding any other provisions of law, all counties or municipalities in which the governing authority prior to May 8, 2018, has been authorized pursuant to a referendum to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging may, by resolution or ordinance conditioned on approval in a referendum, authorize the sale of alcoholic beverages for consumption on the premises of any such establishments on Sundays for an additional hour and a half during the time period of 11:00 A.M. until 12:30 P.M.
(j.2) (1) Notwithstanding any other provisions of law, on and after August 3, 2020, in all counties or municipalities in which the governing authority has been authorized pursuant to a referendum held under this Code section to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight and has been authorized pursuant to a referendum held pursuant to subsection (p) of this Code section to permit package sales of malt beverages and wine, but not distilled spirits, on Sundays from 12:30 P.M. to 11:30 P.M., the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize on Sundays from 11:00 A.M. until 12:00 Midnight the sale of:
(j.3) (1) Notwithstanding any other provisions of law, on and after August 3, 2020, in all counties or municipalities in which the governing authority has been authorized pursuant to a referendum held under this Code section to permit the sale of alcoholic beverages for consumption on the premises on Sundays from 12:30 P.M. until 12:00 Midnight and has been authorized pursuant to a referendum held under subsection (q) of this Code section to permit package sales of malt beverages, wine, and distilled spirits on Sundays from 12:30 P.M. to 11:30 P.M., the governing authority of the county or municipality may, by resolution or ordinance conditioned on approval in a referendum, authorize on Sundays from 11:00 A.M. until 12:00 Midnight the sale of:
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All persons desiring to vote for approval of Sunday sales shall vote “Yes,” and those persons desiring to vote for rejection of Sunday sales shall vote “No.” If more than one-half of the votes cast on the question are for approval of Sunday sales, the resolution or ordinance approving such Sunday sales shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the municipality in which the election is held. It shall be the duty of the superintendent to hold and conduct the election. It shall be his further duty to certify the result thereof to the Secretary of State.
The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises.
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All persons desiring to vote for approval of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “Yes,” and all persons desiring to vote for rejection of package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “No.” If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages and wine shall become effective upon the date so specified in that resolution or ordinance. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State.
(p.1) Notwithstanding other laws, in all counties or municipalities in which package sales by retailers of malt beverages and wine, but not distilled spirits, have been authorized on Sunday from 12:30 P.M. to 11:30 P.M. pursuant to a referendum held under subsection (p) of this Code section and sales of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. to 12:00 Midnight, including for an additional hour and a half from 11:00 A.M. to 12:30 P.M., have been authorized pursuant to a referendum held under subsection (j) or (j.1) of this Code section, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance allow package sales by retailers of malt beverages and wine for consumption off the premises on Sundays from 11:00 A.M. until 12:00 Midnight. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers.
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All persons desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “Yes,” and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “No.” If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., the resolution or ordinance approving such Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall become effective upon the date so specified in that resolution or ordinance. If more than one-half of the votes cast on the question are for disapproval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., such rejection shall not nullify the prior election results for approval of Sunday package sales by retailers of malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M. pursuant to subsection (p) of this Code section. The expense of the election shall be borne by the county or municipality in which the election is held. The election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State.
(q.1) Notwithstanding other laws, in all counties or municipalities in which package sales by retailers of malt beverages, wine, and distilled spirits have been authorized on Sundays beginning from 12:30 P.M. to 11:30 P.M. pursuant to a referendum held under subsection (q) of this Code section and sales of alcoholic beverages for consumption on the premises on Sundays from 11:00 A.M. to 12:00 Midnight have been authorized pursuant to a referendum held under subsection (j) or (j.1) of this Code section, the governing authority of the county or municipality, as appropriate, may by adoption of a resolution or ordinance allow package sales by retailers of malt beverages, wine, and distilled spirits for consumption off the premises on Sundays from 11:00 A.M. until 12:00 Midnight. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title relative to the sale of alcoholic beverages by retailers.
“[] YES Shall the governing authority of (name of county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?” [] NO
“[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?” [ ] NO
“[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink?” [ ] NO
(2) Any governing authority desiring to permit and regulate Sunday sales pursuant to this subsection shall so provide by proper resolution or ordinance conditioned on approval in a referendum election. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
“[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of distilled spirits or alcoholic beverages for beverage purposes by the drink from 11:00 A.M. to 12:30 P.M.?” [ ] NO
(3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to April 6, 1984, pursuant to the authorizations granted by subsections (a) through (i) of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality.
(2) Any governing authority desiring to permit and regulate such Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of such Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
“[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of malt beverages and wine by the drink from 11:00 A.M. to 12:00 Midnight and Sunday sales of malt beverages and wine by the package from 11:00 A.M. to 12:00 Midnight?” [ ] NO
(3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to August 3, 2020, pursuant to the authorizations granted by any other provision of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality.
(A) Alcoholic beverages for consumption on the premises in any licensed establishment which derives at least 50 percent of its total annual gross sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging; and
(B) Packages sales of malt beverages, wine, and distilled spirits.
(2) Any governing authority desiring to permit and regulate such Sunday sales pursuant to this subsection, but only after a referendum election, shall so provide by proper resolution or ordinance conditioned on a referendum. Not less than ten nor more than 60 days after the date of approval of such resolution or ordinance, it shall be the duty of the election superintendent of the county or municipality to issue the call for an election for the purpose of submitting the question of such Sunday sales to the electors of the county or municipality for approval or rejection. The superintendent shall set the date of the election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published in the official organ of the county once a week for two weeks immediately preceding the date thereof. The ballot shall have written or printed thereon the words:
“[ ] YES Shall the governing authority of (name of municipality or county) be authorized to permit and regulate Sunday sales of malt beverages, wine, and distilled spirits by the drink from 11:00 A.M. to 12:00 Midnight and by the package from 11:00 A.M. to 12:00 Midnight?” [ ] NO
(3) Notwithstanding this subsection or any other provision of law, all county or municipal resolutions or ordinances enacted prior to August 3, 2020, pursuant to the authorizations granted by any other provision of this Code section are declared to be valid and shall remain in full force and effect unless affirmatively repealed by the governing authority of the county or municipality.
(A) The sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays and three hours immediately following such time; and
(B) The sale and service by the drink of alcoholic beverages on Sundays from 12:30 P.M. until 12:00 Midnight in any licensed establishment which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50 percent of its total annual gross income from the rental of rooms for overnight lodging.
“[ ] YES Shall Sunday sales of alcoholic beverages by the drink be authorized in (name of municipality)?” [ ] NO
“( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of both malt beverages and wine on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?” ( ) NO
“( ) YES Shall the governing authority of (name of county or municipality) be authorized to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?” ( ) NO
History. Code 1933, § 5A-507, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1981, p. 540, §§ 1, 2; Ga. L. 1982, p. 521, §§ 1, 2; Ga. L. 1982, p. 1463, §§ 2, 9; Ga. L. 1982, p. 1768, § 2; Ga. L. 1982, p. 1855, §§ 1, 3; Ga. L. 1983, p. 3, § 4; Ga. L. 1983, p. 806, § 5; Ga. L. 1984, p. 22, § 3; Ga. L. 1984, p. 1683, § 1; Ga. L. 1984, p. 1685, § 1; Ga. L. 1984, p. 1691, § 1; Ga. L. 1985, p. 149, § 3; Ga. L. 1985, p. 1000, § 1; Ga. L. 1987, p. 381, § 1; Ga. L. 1988, p. 232, § 1; Ga. L. 1989, p. 1487, §§ 1, 2; Ga. L. 1990, p. 8, § 3; Ga. L. 1992, p. 1214, § 1; Ga. L. 1992, p. 2929, § 1; Ga. L. 1994, p. 237, § 2; Ga. L. 1994, p. 395, § 1; Ga. L. 1996, p. 830, § 1; Ga. L. 1998, p. 839, § 1; Ga. L. 1999, p. 1225, § 1; Ga. L. 2002, p. 1473, § 1; Ga. L. 2011, p. 49, § 1/SB 10; Ga. L. 2013, p. 767, § 1/HB 124; Ga. L. 2014, p. 13, § 1/SB 318; Ga. L. 2015, p. 20, § 1/SB 103; Ga. L. 2018, p. 896, § 1/SB 17; Ga. L. 2020, p. 615, § 2/HB 879; Ga. L. 2021, p. 922, § 3/HB 497.
The 2018 amendment, effective May 8, 2018, in paragraph (j)(1), inserted “on and after the effective date of this Act,” near the beginning and substituted “11:00 A.M.” for “12:30 P.M.” in the middle; inserted “or her” in the last sentence of the ending undesignated paragraph in paragraph (j)(2); and added subsection (j.1).
The 2020 amendment, effective August 3, 2020, added subsections (j.2), (j.3), (p.1), and (q.1).
The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “in which the governing authority” for “in which governing authority” near the middle of paragraphs (j.2)(1) and (j.3)(1).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1999, capitalization was revised in paragraph (o)(2).
Pursuant to Code Section 28-9-5, in 2018, “May 8, 2018” was substituted for “the effective date of this Act” near the beginning of paragraphs (j)(1) and (j.1)(1).
Pursuant to Code Section 28-9-5, in 2020, “August 3, 2020,” was substituted for “the effective date of this Code section” in paragraphs (j.2)(1), (j.2)(3), (j.3)(1) and (j.3)(3), and “under subsection (q)” was substituted for “under (q)” in the first sentence of subsection (q.1).
Editor’s notes.
Ga. L. 1982, p. 1768, § 3 added a new “subsection (i)” relating to weekend sales of alcoholic beverages for on-premises consumption in counties in the 295,000 to 300,000, inclusive, population range. Section 4 of Ga. L. 1982, p. 1768, not codified by the General Assembly, provided that this provision of § 3 would become effective only for those counties in which an election was called prior to November 1, 1983, and at which election more than one-half of the votes cast approved the provisions of Ga. L. 1982, p. 1768, § 3. Such an election was held, and such approval was given, in Cobb County on November 2, 1982. Ga. L. 1983, p. 3, § 4, part of an Act to correct errors and omissions in the Code, redesignated the “subsection (i)” enacted by Ga. L. 1982, p. 1768, § 3 as current “subsection (j).” The “subsection (i)” appearing is that enacted by Ga. L. 1982, p. 1855, § 3, as amended by Ga. L. 1983, p. 3, § 4.
Ga. L. 1982, p. 1855, § 6, not codified by the General Assembly, provided: “Notwithstanding any other provision of law to the contrary, the United States decennial census of 1980 shall become effective for purposes of this Act on the effective date of this Act.” The effective date of the Ga. L. 1982, p. 1855 amendment to this Code section was November 1, 1982.
Law reviews.
For article, “Lawyers Who Represent Local Governments,” see 23 Ga. St. B. J. 58 (1987).
For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U. L. Rev. 255 (2011).
For article, “Regulation of Alcoholic Beverages Generally,” see 28 Ga. St. U. L. Rev. 255 (2011).
For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 1 (2018).
For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).