Rule 560-2-3-.14 - Consumption on Premises - Retail, Contiguous Operation(1) A Person holding a Retail Consumption Dealer license and a valid Retailer of Distilled Spirits license at locations where the Premises of each Place of Business is contiguous to the other and where each business is treated as completely separate for all purposes, including such things as inventory, purchasing and record maintenance, may have a door between the retail Place of Business and the consumption on premises Place of Business subject to the following conditions: (a) Each Place of Business must hold a proper license;(b) Each Place of Business must operate in compliance with all laws and regulations applicable to such business;(c) The door between the Places of Business must be closed and locked during days and hours when the operation of either Place of Business is prohibited;(d) Each Place of Business must have a separate entrance for the public and no common entrance shall be permitted;(e) Each Place of Business shall have a separate and distinct trade name;(f) Any storage room for the retail Place of Business shall be in compliance with all rules and regulations pertaining to that retail Place of Business;(g) Distilled Spirits may only be sold and delivered in the retail Place of Business;(h) Only the Licensee of each Place of Business or his employees shall be permitted ingress and egress through the passageway or door separating the two Places of Business, and all such Persons must have a proper personnel statement on file with the Department at all times;(i) A separate cash register shall be maintained in each Place of Business and all business transactions of the two Places of Business shall be kept separate;(j) The passageway or door between the two Places of Business shall be located behind the bar or service counter of each Place of Business or otherwise so situated or maintained as to be accessible only to the Licensee and his employees and such passageway or door shall not be used by customers, patrons, or any other Persons not permitted by this Regulation. 1. Any connecting door or passageway which is not located behind the bar or service counter of each Place of Business must be specially approved by the Commissioner. There shall be permanently affixed on or beside that door or passageway a sign in letters at least two inches in height stating "Employees Only May Use This Door--Revenue Regulation 560-2-3-.14."(2) It is the express intent of this Regulation that if a Retailer of Distilled Spirits location is operated adjacent to an establishment which sells Alcoholic Beverages for consumption on the premises as provided in paragraph (1) of this Regulation with an inside connecting service door, such Retailer of Distilled Spirits location shall remain a distinct and separate business entity, and the Retailer of Distilled Spirits location is hereby declared to be a separate Premises from the establishment which sells Alcoholic Beverages for consumption on the premises.(3) It shall be a violation of this Regulation for any Licensee to sell, offer to sell, or keep for the purpose of sale any item not commonly associated with that establishment. Prohibited items shall include, but are not limited to, guns, ammunition, knives, weapons of any character, gambling paraphernalia, including playing cards or dice, non-immediately consumable items including groceries or any other items not commonly associated with the consumption of Alcoholic Beverages or establishments licensed for the sale of Alcoholic Beverages for consumption on the premises.Ga. Comp. R. & Regs. R. 560-2-3-.14
O.C.G.A. §§ 3-2-2, 48-2-12.
Original Rule entitled "Arrival; Date of Receipt; Tax Stamp Inspection" adopted. F. and eff. June 30, 1965.Repealed: New Rule entitled "Arrival; Date of Receipt; Tax Stamp Inspection" adopted. F. Oct. 23, 1969; eff. Nov. 1, 1969, as specified by the Agency.Repealed: New Rule entitled "Notification of Intention to Engage as a Producer" adopted. F. May 5, 1982; eff. May 25, 1982.Repealed: F. Sept. 6, 2006; eff. Sept. 26, 2006.Amended: New Rule entitled "Consumption on Premises - Retail, Contiguous Operation" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010.Amended: F. May 31, 2023; eff. June 20, 2023.