242 Ga. 807 | Ga. | 1979
The issue on appeal is the legality of a municipal resolution prohibiting the sale of malt beverages or beer within the incorporated limits of the City of Dudley, and stating that no license shall be issued by the city for the sale of malt beverages or beer. The appellant sought mandamus against the city and mayor and council to compel them to issue him a license for the retail sale of beer. The trial court denied the writ, and we affirm.
The public policy of the State of Georgia differs with respect to the retail sale of alcoholic beverages and liquor, naturally fermented wine, and malt beverages or beer. Prior to the sale of alcoholic beverages and liquor, a prescribed special election must first be held in the city or county and the question submitted to the voters. If the vote is affirmative, the sale shall be permitted subject to
Since the appellee has prohibited the sale of malt beverages or beer within its incorporated area and denied licenses to all applicants, the trial court did not err in denying the writ of mandamus.
Judgment affirmed.