§ 6-137. On-premises consumption unlawful; sale of growlers.

(a)

It shall be unlawful for any person to consume any alcoholic beverages on premises licensed for the sale of alcoholic beverages by the package. It shall be unlawful for any package licensee to open or break the package of any alcoholic beverages for a purchaser or to permit the consumption of alcoholic beverages on the licensed premises.

(b)

Notwithstanding the foregoing, the sale of growlers, as defined in subsection 6-1(b), is authorized for and by those licensees holding a package malt beverage license, with or without a package wine license, but not authorized under any circumstances for licensees holding a package distilled spirits license, and who do not sell, or offer for sell [sale], vehicular fuel. The filling of growlers with malt beverage drawn from a tap on a barrel, cask, tank, or keg on the premises shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or other provisions of this chapter, provided that no filled growlers may be consumed on the premises. Only professionally sanitized and sealed growlers may be filled and made available for retail sale. Each growler must be securely sealed and removed from the premises in its original sealed condition. In order to be securely sealed, the growler must be sealed with a tamper-proof cap or seal. With the exception of brewpubs pursuant to subsection (c), growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler.

(c)

Notwithstanding any other provision of this chapter to the contrary, in the case of a brewpub holding a license to sell malt beverages by the package, growlers may be filled from barrels, casks, tanks, or kegs of malt beverages manufactured on the licensed premises, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36.

(Ord. No. 2007-09-54, § 3(7.5.9), 9-18-2007; Ord. No. 2012-06-14, 6-5-2012; Ord. No. 2016-04-07 , § IV, 4-5-2016)

Editor's note

Ord. No. 2012-06-14, adopted June 5, 2012, changed the title of § 6-137 from "On-premises consumption unlawful" to "On-premises consumption unlawful; sale of growlers". This historical notation has been preserved for reference purposes.