History. Ga. L. 1937-38, Ex. Sess., p. 103, § 4; Ga. L. 1972, p. 207, § 3; Code 1933, §§ 5A-2302, 5A-2303, 5A-2309, enacted by Ga. L. 1980, p. 1573, § 1; Ga. L. 1983, p. 806, § 1; Ga. L. 1985, p. 149, § 3; Ga. L. 2017, p. 820, § 2/HB 485; Ga. L. 2021, p. 450, § 1/SB 145.
The 2017 amendment, effective May 9, 2017, substituted the present provisions of the first sentence of subsection (a) for the former provisions, which read: “Upon a written petition containing the signatures of at least 35 percent of the registered and qualified voters of any municipality or county being filed with the election superintendent of the county or municipality, such superintendent, upon validation of the petition, shall be required to call and hold a referendum election for the purpose of submitting to the qualified voters of the municipality or county, as the case may be, the question of whether the manufacture, sale, and distribution of distilled spirits in the political subdivision shall be permitted or prohibited.”; in subsection (c), inserted “election” in the first and second sentences and inserted “referendum” near the end of the second sentence; and inserted “referendum” twice in subsection (d).
The 2021 amendment, effective May 4, 2021, inserted “ordinance, resolution, or” in second and third sentences of subsection (a), and in the middle of subsection (d); in subsection (a), in the first sentence, inserted “an ordinance or resolution from the governing authority of any municipality or county or upon a” and substituted “20 percent” for “35 percent” in the middle; inserted “petitions authorized under” in the last sentence of subsection (a) and near the beginning of subsection (b); in subsection (b), in the third sentence, inserted “or upon receipt of an ordinance or resolution” in the middle, substituted “on a date authorized under Code Section 21-2-540” for “for not less than 30 nor more than 60 days after the call” at the end, and deleted “if such other primary or election is to be held not more than 60 days after the call” following “municipality” at the end of the fourth sentence.
Structure Georgia Code
Article 3 - Local Authorization and Regulations for Manufacture, Distribution, and Package Sales
§ 3-4-40. Requirement as to Approval by Referendum Elections of Issuance of Licenses Generally
§ 3-4-41. Petition for Referendum; Notice of Call for Referendum
§ 3-4-42. Form of Ballots for Referendum Election
§ 3-4-43. Applicability of General Election Laws
§ 3-4-44. Certification of Results; Payment of Expenses
§ 3-4-45. Effect of Majority Vote in Favor of Package Sales
§ 3-4-46. Procedure for Conduct of Election for Purpose of Nullifying Previous Election Result
§ 3-4-48. Maximum Annual License Fees for Municipal or County Licenses