Rule 560-2-7-.03. Regulatory Agencies; Business Relations Prohibited; Conflicts of Interest

1. (1) No person licensed to sell Malt Beverages in Georgia shall enter into any agreement, or participate in any scheme or device with the governing authority or regulatory agency of any municipality or county, which results in such municipality or county receiving less than the total sum of Malt Beverage taxes due it as required by law.

2. (2) No Licensee shall permit any municipality, county or other regulatory agency to hold any pecuniary interest in such Licensee's business, nor shall any Licensee pay any governing authority rent or remuneration for its business premises above the fair market value of such premises.

   1. (a) No Licensee shall pay any governing authority a percentage of sales or profits as a license fee or charge, or as rent for its business premises, for the purposes of evading the provisions of the Uniform Local Malt Beverage Tax.
3. (3) No Licensee shall employ or compensate any agent or employee of any municipality, county, or other governing authority in any manner whereby such compensation or payment of employment is based upon or related to the volume of Malt Beverages sold.
4. (4) No Licensee shall accept from any municipality, county, or other governing authority any rebate of any excise taxes imposed on Malt Beverages by such governing authority.

5. (5) No person licensed to sell Malt Beverages by the package for carryout purposes shall sell the Alcoholic Beverages at a price less than such Licensee paid for such Malt Beverages.

   1. (a) A retail Licensee shall not pay less than the Wholesaler's price as published on its price list plus the local excise tax imposed.
6. (6) Violation of this Rule by any Licensee shall be grounds for suspension or revocation of the license.

Authority: O.C.G.A. §§ 3-2-2, 3-2-3, 3-2-4, 48-2-12.

History. Original Rule entitled "Wholesaler Obliged to Sell at Posted Price; Not Allowed to Refuse Sale at Posted Price" adopted. F. and eff. June 30, 1965.

Repealed: New Rule entitled "Wholesalers Obligated to Sell at Posted Price; Not Allowed to Refuse Sale at Posted Price" adopted. F. Oct. 23, 1969; eff. Nov. 1, 1969, as specified by the Agency.

Repealed: New Rule entitled "Supplement - Initial Liquor Application. Form ATT-4 Supplement" adopted. F. May 5, 1982; eff. May 25, 1982.

Repealed: New Rule entitled "Beverage Alcohol Wholesale Dealer, Importer, Broker or Manufacturer License Application. Form CRF-009-A" adopted. F. July 7, 1994; eff. July 27, 1994.

Repealed: New Rule entitled "Beverage Alcohol Wholesale Dealer, Importer, Broker or Manufacturer License Application. Form ATT-6" adopted. F. Nov. 8, 2006; eff. Nov. 28, 2006.

Repealed: New Rule entitled "Regulatory Agencies; Business Relations Prohibited; Conflicts of Interest" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.

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