Title 50, Chapter 8, Section 193
( 50-8-193)
(a) The Department of Community Affairs shall certify that a project
has received a certificate of compliance as a REAP to the Department
of Natural Resources; the Department of Industry, Trade, and
Tourism; the Department of Transportation; the Department of
Revenue; the Department of Labor; the Georgia Environmental
Facilities Authority; and any other state department, agency, or
instrumentality which requests such certification. All state
agencies, departments, and instrumentalities are encouraged to give
priority in their permitting and licensing and in the processing of
grants and loans to local governments for projects which have
received a certification. (b) Where authorized by local ordinance or resolution, a certified
project or facility located in a certified project shall be
authorized to make sales of malt beverages, wine, or distilled
spirits by the drink for consumption on the premises only, upon
obtaining a license from the appropriate local authority and the
state revenue commissioner. Where all of such sales at all times
authorized in any other jurisdiction are not authorized by local
ordinance or resolution, a certification of compliance as a REAP
shall authorize the state revenue commissioner to issue a state
license for the sale of malt beverages, wine, or distilled spirits
by the drink for consumption on the premises only which are not
authorized by local ordinance or resolution to the developer, owner,
or operator of a certified project or facility located in a
certified project, upon the payment of taxes and fees and, except as
provided in this article, compliance with the provisions of Title 3
and Department of Revenue regulations; provided, however, that
notwithstanding any contrary provision of Title 3, such a licensee
shall not be required to obtain a license from the local government
until such time as such sales are authorized by local ordinance or
resolution. Further, such a license for the sale of malt beverages,
wine, or distilled spirits by the drink for consumption on the
premises only may only be issued to such a developer, owner, or
operator of a certified project or facility located in a certified
project which is located wholly or partially in a municipal
corporation or county in which the sale of malt beverages, wine, or
distilled spirits by the drink for consumption on the premises only
for which such license is sought is not otherwise authorized by
local ordinance or resolution. Any license issued to a certified
project or facility located in a certified project shall include the
right to sell at all times otherwise authorized in any other
jurisdiction in this state malt beverages, wine, or distilled
spirits for consumption on the premises only. (c) The local government or governments encompassing the facility or
facilities for which a state license for the sale of malt beverages,
wine, or distilled spirits by the drink for consumption on the
premises only is issued pursuant to this Code section, with or
without the issuance of a local license, is authorized to levy and
collect any local taxes on such alcoholic beverages as are otherwise
authorized by law. |