Rule 560-2-3-.15. Package Sales by Retail Consumption Dealers; Prohibitions

1. (1) A Retail Consumption Dealer shall not sell Distilled Spirits in Packages for carryout purposes at any time.

2. (2) Retail Consumption Dealers shall not sell beer or Wine by the Package for carryout purposes:

   1. (a) On any day or at any time when the sale of Package beer or Wine for carryout purposes is otherwise prohibited by law; or
   2. (b) At any location which is within distances to grounds or buildings where the sale of Alcoholic Beverages for carryout purposes is otherwise prohibited by law.
3. (3) Any Retail Consumption Dealer violating the provisions of this Rule shall be subject to the suspension or revocation of licenses to sell Alcoholic Beverages.

4. (4) Pursuant to O.C.G.A. § 3-6-4, a restaurant that is a Retail Consumption Dealer may allow a patron to remove a partially consumed bottle of Wine which was:

   1. (a) Purchased from the Licensee;
   2. (b) Partially consumed in conjunction with a meal purchased from the Licensee;
   3. (c) Securely resealed with tamper-resistant tape by the Licensee; and
   4. (d) Placed in a bag or container that is secured in such a manner that it would be visibly apparent if the container has been subsequently opened or tampered with, along with an affixed, dated receipt indicating the terms of the purchase.

Authority: O.C.G.A. §§ 3-2-2, 3-3-7, 3-3-20, 3-3-21, 3-6-4, 48-2-12.

History. Original Rule entitled "Common Carrier's Report" adopted. F. and eff. June 30, 1965.

Repealed: New Rule entitled "Common Carriers: Bill of Lading" adopted. F. May 13, 1975; eff. June 2, 1975.

Repealed: New Rule entitled "License Application" adopted. F. May 5, 1982; eff. May 25, 1982.

Repealed: F. Sept. 6, 2006; eff. Sept. 26, 2006.

Amended: New Rule entitled "Package Sales by Retail Consumption Dealers; Prohibitions" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.

Amended: F. May 31, 2023; eff. June 20, 2023.