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Guidance & Model Ordinances: Breweries and Distilleries (SB 85)

August 9, 2017
Governor Nathan Deal signed Senate Bill 85 into law on May 8, 2017. SB 85 allows manufacturers of distilled spirits and malt beverages to sell a limited amount of the products they produce directly to the public for consumption both on and off a manufacturer’s premises. These manufacturers may only sell distilled spirits and beer that have been manufactured on-site, and they may only sell to consumers who visit the distiller’s or brewer’s manufacturing location.

The bill enumerates the quantity of distilled spirits and beer distilleries and breweries may sell on both a “per year” basis and “per consumer per day” basis. It also specifies that distillers and brewers may sell their products on all days and at all times that sales by retailers of these products would otherwise be allowed, including Sundays.

SB 85 requires distilleries and breweries to remit local sales and excise taxes for all distilled spirits and beer sales made directly to consumers. 

Additionally, SB 85 amended the "brewpub" exception to the three-tier alcohol distribution system by allowing the holder of a brewpub license to sell wine and beer by the package, subject to local approval.

The effective date for SB 85 is September 1, 2017. Therefore, none of the model provisions found within the related documents should have an effective date before September 1, 2017.
The sample ordinances, agreements, job descriptions and other documents listed here are provided as examples only and should not be utilized until a thorough analysis of the respective document has been undertaken by the city.

Job descriptions should be written with the assistance of an attorney, industrial psychologist, or consultant skilled in content validity procedures and aware of the potential legal ramifications of job descriptions as imposed by the Fair Labor Standards Act and the Americans with Disabilities Act.

Model and sample ordinances, agreements and other documents are provided for educational purposes only and are not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.