Georgia

This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed.

Governing Liquor Authority:

State of Georgia

Georgia Department of Revenue

Alcohol and Tobacco Division

1800 Century Center Blvd, N.E., Room 4235

Atlanta, Georgia 30345-3205

Phone: 404-417-4900

Fax: 404-417-4901

Website: http://www.etax.dor.ga.gov/BusTax_Alcohol.aspx

Legal Age to Serve Alcohol:

18 years of age

Legal Age to Pour Alcohol:

18 years of age

Legal Age to Consume Alcohol:

21 years of age

Legal Age to Sell Packaged Alcohol

18 years of age

Entry for Minors into a Liquor Establishment:

Policies are set by local ordinances.

Legal Age for Employment:

18 years of age

Additional Notes Regarding Age:

Consent Laws (Parents Serving Minors):

No – Possible exceptions may be made for:

· Medicinal purposes: must have a valid prescription issued by a physician licensed to practice medicine in the state of Georgia.

· Religious ceremonies: consumption by a minor may be allowed as part of a religious ceremony or service.

· A parent or legal guardian may provide alcohol for his or her own children in their own home while they are present.

Alcohol Service Hours:

Policies are set by local ordinances.

Acceptable ID’s:

· Drivers License

· State ID Card

· Passport

BAC for Operation of a Motor Vehicle:

.08

Dram Shop Laws:

Yes

Confiscating False ID’s:

Confiscating an ID that is believed to be false is allowed. Once an ID is confiscated, local law enforcement must be notified. Georgia’s state statutes should be consulted for any additional requirements.

Alcohol Service Restrictions on Time and Quantity:

Policies are set by local ordinances.

Penalty for Serving and/or Selling Alcohol to a Minor:

For the first offense: It is a misdemeanor that is punishable by a fine up to $1,000.00 and/or up to 12 months in jail. An alternate punishment is up to 12 months in a state probation or diversion center.

For any additional offense: It is classified as a misdemeanor of a high and aggravated nature that is punishable by a fine up to $5,000.00 and/or up to 12 months in jail.

Program State Approval Status:

Pending

State Certification Fees:

Required Training:

Training of employees is voluntary.

Re-certification Requirement:

Mitigation Benefit:

N/A

Georgia’s Governing Liquor Authority

Georgia’s Governing Liquor Authority:

The State of Georgia’s governing liquor authority is the Alcohol and Tobacco Division.
The phone number for the Alcohol and Tobacco Division is: 404-417-4900.
The website for the Alcohol and Tobacco Division is: http://www.etax.dor.ga.gov/BusTax_Alcohol.aspx
Georgia’s Legislature is the body responsible for enacting the state’s alcohol laws.
The state of Georgia doesn’t have any state requirements regarding responsible alcohol service training. Licensees are not required to keep any documentation on employee training or submit any forms. Alcohol regulations and requirements may be established at the local level of government and licensees should check with their local jurisdictions.

Liquor License and Alcohol Beverage Laws for the State of Georgia

Georgia’s Alcohol and Tobacco Division requires:

Licensees to uphold all the liquor laws for the state of Georgia.

Licensees to also be knowledgeable of and abide by any local ordinances as well.
Licensees to post a sign in a visible location stating the dangers of consuming alcohol by pregnant women. Such signs are available from the state for a small fee. Licensees who violate this requirement will be fined. The sign must specifically state that:

o Warning: Drinking alcoholic beverages during pregnancy can cause birth defects.

Under Georgia’s Alcohol Laws:

Happy hour and drink specials are regulated at the local level of government.
Hours of operation for the service and sale of alcoholic beverages are regulated at the local level of government.
There are no distinctions made between non-alcoholic beer or wine and any other alcoholic beverages. Under state laws they are treated the same.

Identification

Acceptable forms of identification in Georgia are:

Drivers License
State ID Card
Passport

Georgia’s Laws Regarding Age

Under Georgia law:

A person must be at least 21 years old to purchase and consume alcohol.
It is illegal to sell or serve alcohol to a minor.

Entry by minors into a licensed establishment is regulated at the local level of government.

Dram Shop Laws for the State of Georgia

Dram Shop Liability:

Georgia recognizes consumption of alcohol to be the proximate cause of injury or damages due to the actions of intoxicated customers rather than the service of alcohol.
Liability only results when the person “willfully, knowingly, and unlawfully” sells or provides alcohol to a minor or to a noticeably intoxicated person who then causes injury or damage to themselves or others.

ADDENDUM: GEORGIA’S DRAM SHOP LAW

51-1-40.

(a) The General Assembly finds and declares that the consumption of alcoholic beverages, rather than the sale or furnishing or serving of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person, except as otherwise provided in subsection (b) of this Code section.

(b) A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person, including injury or death to other persons; provided, however, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage. Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.

(c) In determining whether the sale, furnishing, or serving of alcoholic beverages to a person not of legal drinking age is done willfully, knowingly, and unlawfully as provided in subsection (b) of this Code section, evidence that the person selling, furnishing, or serving alcoholic beverages had been furnished with and acted in reliance on identification as defined in subsection (d) of Code Section 3-3-23 showing that the person to whom the alcoholic beverages were sold, furnished, or served was 21 years of age or older shall constitute rebuttable proof that the alcoholic beverages were not sold, furnished, or served willfully, knowingly, and unlawfully.

(d) No person who owns, leases, or otherwise lawfully occupies a premises, except a premises licensed for the sale of alcoholic beverages, shall be liable to any person who consumes alcoholic beverages on the premises in the absence of and without the consent of the owner, lessee, or lawful occupant or to any other person, or to the estate or survivors of either, for any injury or death suffered on or off the premises, including damage to property, caused by the intoxication of the person who consumed the alcoholic beverages.