What Is Georgia Law On Moonshine? - [New Answer] 2023: Información de la cerveza

Georgia Moonshine Laws Georgia has a long history of moonshine dating back to the Civil War when moonshine was legal, but limited due to a lack of regulations. After the Civil War laws were passed making moonshine illegal and setting tax rates for legal liquor.

The war-worn people of Georgia saw it as a way out of poverty since Georgia’s resources were severely depleted by the war. Making moonshine under the cover of night and then selling it without paying taxes undoubtedly contributed to the people’s income but high risks associated with illegal business prevented it from spreading vastly until the prohibition era, when moonshine operations grew 1,000 gallon stills were being used in some hiding places.

It is said that every other resident of Georgia was somehow involved in the moonshine business as a manufacturer, seller, consumer or even as sugar supplier. Now that moonshine has been legalized and Nowadays, with the legalization of moonshine, much of the illegal moonshine business is dead and law enforcement agencies keep on cracking down on stills.

Even famous Southerners like NASCAR legend Junior Johnson is in the business with his Junior Johnson’s Midnight Moon based on an old family recipe.
Junior learned to race hauling moonshine in the hills of North Carolina.
But that doesn’t mean an occasional still gets busted in Georgia, even here in Burke County.

It is unlawful in Georgia to manufacture, transport, receive, possess, sell or distribute alcoholic beverages. State law also has penalties for failure to file proper reports or bonds or pay fees; and failure to declare apparatus used in unlawful manufacture of alcoholic beverages as contraband.O.C.G.A.3-3-27 (2010) 3-3-27.

Distill, manufacture, or make any distilled spirits, except as permitted by this title;

Manufacture, make, brew, or ferment any malt beverages or wine, except as permitted by this title; Transport, ship, receive, possess, sell, offer to sell, distribute, or in any manner use any alcoholic beverages or alcohol, except as permitted by this title; Fail to file any report required by this title; File any report required by this title that is either intentionally false or fraudulent, or both; Fail to pay any tax or license fee imposed or authorized by this title unless specifically exempted from such payment; Fail to have a sufficient bond filed with the commissioner as required by this title; or Evade or violate, or conspire to evade or violate, any provision of this title.

Any apparatus, article, or other tangible personal property used in the unlawful distillation, manufacture, or making of any alcoholic beverages is declared contraband and shall be destroyed by the officers or agents seizing the property or otherwise disposed of as the commissioner directs. Any person who violates the provisions of: (Paragraph (1) of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; Paragraphs (2) through (8) of subsection (a) of this Code section shall be guilty of a misdemeanor.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. : Georgia Moonshine Laws

Contents

- 0.0.1 Can you own a moonshine still in Georgia?
0.1 Is it legal to distill alcohol at home in Georgia?

1 What is the penalty for making moonshine in Georgia?
- 1.1 How does a Moonshine Still Work? Explained by Andrew from North Georgia Still Company.
  - 1.1.1 Is liquor illegal in Georgia?
2 Is moonshine legal in Alabama?
3 Is moonshine illegal in Tennessee?
4 How much is a pour license in Georgia?
- 4.1 How much is a liquor Licence in Georgia?
5 Do you need an alcohol permit in Georgia?
6 Can you drink alcohol on street in Georgia?
- - 6.0.1 Is it legal to distill alcohol in Alabama?

Can you own a moonshine still in Georgia?

1/1/2015 last updated

In the state of Georgia it is legal to own a still as long as the still is not used to distill spirits or to manufacture moonshine. A still can be owned and operated to distill water, essential oils, vinegar, etc. As long as the end product is not ethanol.

(a) (1) Malt beverages may be produced by a person in his or her private residence subject to the limitations provided in this Code section.
(2) The total quantity of malt beverages that may be produced in any private residence shall be as follows:
(A) Not more than 100 gallons per calendar year if there is only one person of legal drinking age living in such residence; or
(B) Not more than 200 gallons per calendar year if there are two or more persons of legal drinking age living in such residence;
provided, however, that no more than 50 gallons shall be produced in a 90 day period.

Manufacturing wine for personal household use: Code §3-6-3 (a) A head of a household may produce 200 gallons of wine in any one calendar year to be consumed within his own household without any requirement to be licensed for such purpose. Wine so produced shall not be subject to any excise tax imposed by this chapter.

To manufacture ethanol fuel you are required to submit copies of your Federal permits to the state authorities as well as obtain non-beverage alcohol manufacturer’s license and a motor fuel distributor’s fuel license regardless of if you plan to resell the fuel.
Georgia requires a license to produce and or to resell ethanol spirits.

The fee is $1,100 for the license and investigation fee. Luckly Georgia has much of the information on their website about applying for licenses and the requirements. The process and licenses can be viewed here, The requirements listed are:

ATT-104/ COLA & Labels
ATT-17 Personnel Statement
State Financial Affidavit
Liquor Manufacturer/Distillery Bond
Copy of Federal Basic Permit
Copy of Local License (In state)
Property Lease or Deed
Power of Attorney (If Applicable)
O.C.G.A 50-3-1 (e)(2) – Citizenship Affidavit
Secure and Verifiable Documents

Georgia has information on obtaining a license to commercially produce spirits for resale here, Georgia alcohol licensing website There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well.

You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits.
You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,2006 Georgia Code – 3-3-27 Any person who violates the provisions of: (1) Paragraph (1) of subsection (a) (Distill, manufacture, or make any distilled spirits) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years; Along with a unlisted fine and jail time the still, spirits and distilling equipment will be seized.

You might be interested: What Happens If A Kid Drinks Alcohol?

Is it legal to distill alcohol at home in Georgia?

Home Distilling While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)).

Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

5601(a)(1) – Possession of an unregistered still.
5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C.5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
5601(a)(8) – Unlawful production of distilled spirits.
5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.

Under 26 U.S.C.5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C.5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C.5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

Under 26 U.S.C.5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States. In addition, 26 U.S.C.5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited. Under 26 U.S.C.5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person’s interest in the tract of land on which the still is located, shall be forfeited to the United States.

Under 26 U.S.C.5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C.5688.

Under 26 U.S.C.7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution. Under 26 U.S.C.7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States.

In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C.7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property.

What is the penalty for making moonshine in Georgia?

The war-worn people of Georgia saw it as a way out of poverty since Georgia’s resources were severely depleted by the war. Making moonshine under the cover of night and then selling it without paying taxes undoubtedly contributed to the people’s income but high risks associated with illegal business prevented it from spreading vastly until the prohibition era, when moonshine operations grew 1,000 gallon stills were being used in some hiding places.

Even famous Southerners like NASCAR legend Junior Johnson is in the business with his Junior Johnson’s Midnight Moon based on an old family recipe. Junior learned to race hauling moonshine in the hills of North Carolina. But that doesn’t mean an occasional still gets busted in Georgia, even here in Burke County.

How does a Moonshine Still Work? Explained by Andrew from North Georgia Still Company.

Distill, manufacture, or make any distilled spirits, except as permitted by this title;

You might be interested: How Tall Is A Bottle Of Beer?

Is liquor illegal in Georgia?

FAQs on Georgia Beer, Wine & Spirits Sales – What are the alcohol laws in Georgia? There are lots of alcohol laws in the state of Georgia. Here are a few of the laws that you need to know. Spirits are sold in liquor stores aka package stores. What we mean by spirits is all types of spirits including but not limited to whiskey, scotch, bourbon, tequila, rum, vodka, and more. Both convenience stores and grocery stores sell beer and wine during the hours permitted. As for the timeframe in which alcohol can be purchased, consumers are able to purchase alcoholic beverages at retailers between the hours of 7 AM and 11:45 PM. This is for off-premise only. With regard to on-premise consumption, both bars and restaurants are able to sell alcohol between the hours of 11 AM and 11:45 PM. Any individual under the age of 21 is prohibited from purchasing and consuming alcohol. However, there is one exception, if you are a parent or guardian purchasing the alcohol and the alcohol is being consumed at home with the parent or guardian present. A $1,000 fine and possible jail time of up to one year may be imposed for any individual providing alcohol to a consumer under the age of 21. Do gas stations in Georgia sell beer, wine, and liquor? Gas stations in Georgia sell beer and wine. They do not sell liquor since spirits can only be sold at package stores. What is the alcohol excise tax in Georgia? The excise tax rate varies depending on the type of alcohol. Wine ≤ 14%: $0.40 per liter > 14%: $0.67 per liter” Beer/Malt $0.32 per gallon Liquor $3.79 per gallon $0.83 per gallon local tax What are the policies when it comes to selling alcohol on Sundays in Georgia? Georgia allows the sale of alcohol on Sunday between the hours of 12:30 PM and 11:30 PM provided the local government does not disapprove. There are some counties in the state of Georgia that do not allow the sale of alcoholic beverages on Sundays at any time.

Is moonshine legal in Alabama?

1/1/2015 last updated

Because Alabama has dry and wet counties the laws regarding stills are specific to each county. You will need to look up your specific county to find out if it is a dry or wet county. In Alabama it is legal to own a still for non-spirit making usages such as essential oils or distilling water in wet counties.

In dry counties ownership of a still for any reason is illegal as is legal production and sale of spirits. Because of this Alabama is listed here based off dry county laws. Section 28-4-24 reads as follows Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary for not less than one year nor longer than five years, such imprisonment to be fixed within these limits by the court.

Section 28-1-1 reads as follows In all counties of the state it shall be unlawful for any person, firm or corporation to have in his or its possession any still or apparatus to be used for the manufacture of any alcoholic beverage of any kind or any alcoholic beverage of any kind illegally manufactured or transported within the state or imported into the state from any other place without authority of the alcoholic control board of the state, and any person, firm or corporation violating this provision or who transports any illegally manufactured alcoholic beverages or who manufactures illegally any alcoholic beverages shall, upon conviction, be punished as provided by law.

Alabama Alcoholic Beverage Control Board Because of the restrictions in dry counties it is illegal to produce fuel even with a federal license.
Wet counties that allow stills for non-spirit production should allow production of fuel with a federal license.
A county issued license is available and required.

Read the REGULATORY REQUIREMENTS for more information. You may also want to read about the TTB alcohol fuel laws, The state of Alabama requires a License Type 200 – Manufacturer’s License with a license fee of $500. There are several licenses you need to request to legally manufacture spirits.

Below are the federal licenses only.
Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits.
You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

Dry Counties: It is illegal to manufacture moonshine or to possess a still regardless of usage in these counties. It seems like even legal distilleries are not even allowed. Wet Counties: It is illegal to manufacture moonshine or to possess a still for the production of spirits.

But because there are no laws specific to owning a still for non-spirit production it is legal to own a still or to use it for other purposes (essential oils, water, etc.). There are currently no laws that allow for non-commercial production of spirits in Alabama therefore citizens are unable to produce spirits for personal use.

It is illegal to be in possession of moonshine. Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is moonshine illegal in Tennessee?

Moonshine Day: Tennessee’s history with the once forbidden spirit Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee State Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee State Library and Archives

by: Posted: Jun 5, 2021 / 05:00 AM CDT Updated: Jun 4, 2021 / 03:33 PM CDT

NASHVILLE, Tenn. (WKRN) — Moonshine, just in the last decade, has become a legal alcoholic drink to manufacture, but unlike beer and wine, it’s still illegal to make without a proper license. Manure, paint thinner, anti-freeze, and embalming fluid are just a few hazardous ingredients that were used to make illegal moonshine during the prohibition era, according to the Tennessee State Library and Archives.

Two men posing in front of a moonshine still, Claiborne County, Tennessee, 1903. Looking Back at Tennessee Collection, Tennessee State Library and Archives. Moonshine still, Clay County, Tennessee, 1918. Looking Back at Tennessee Collection, Tennessee State Library and Archives Daniel Duesst (pronounced “due east”) with his gun, his dog, and his jug of moonshine Sequatchie County, Tennessee, ca.1900. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff Mike Boatright and others with confiscated stills, Elizabethton, Tennessee, ca.1940s. Looking Back at Tennessee Collection, Tennessee State Library and Archives Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff and deputies surrounding broken stills beside the Presbyterian Church, Jonesborough, Tennessee, 1920. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff Mike Bootright and deputies with a confiscated moonshine still, Elizabethton, Tennessee, ca.1940s. Looking Back at Tennessee Collection, Tennessee State Library and Archives Bob Holland, Sheriff J.L. “Fate” Smith, and deputies after a raid on a still, Humphreys County, Tennessee, ca.1920s. Looking Back at Tennessee Collection, Tennessee State Library and Archives A moonshine still being “busted,” Grundy County, Tennessee, ca.1900. Looking Back at Tennessee Collection, Tennessee State Library and Archives

You might be interested: What Malt Is Best For Moonshine?

And though, prohibition lasted in Tennessee from 1920 to 1937, its history with the distilled spirit dates back hundreds of years. Scott-Irish settlers brought their whiskey making skills to the Appalachian mountains in the late 1700s. Traditionally, the European liquor is made with malted barley.

But, Smokies settlers used corn.
When a Whiskey Tax was enacted in 1802, it drove many makers to produce their product in secret.
The corn-based liquor was crafted under the cover of night.
Hence, the name “moonshine.” Moonshine is also synonymous with untaxed liquor.
It’s still illegal to manufacture liquor in Tennessee without a proper license.

Ole Smoky Distillery in Gatlinburg became the first licensed moonshine distillery in Tennessee. It opened in 2010. Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. : Moonshine Day: Tennessee’s history with the once forbidden spirit

How much is a pour license in Georgia?

You will receive your City Alcohol License. Alcohol cannot be sold or served unless a license has been approved by the state. Acceptable forms of payment are money order and cashier’s check. The fee for the alcohol license for the full year is $5,000.

How much is a liquor Licence in Georgia?

A liquor license in Georgia can cost from $1000 – $5000. See the full fees associated with different types of liquor licenses in Georgia here. How much does a liquor license cost in Georgia?

License Name	Cost	Link
Liquor License	$1000 – $5000	Department of Revenue

Do you need an alcohol permit in Georgia?

What Does the Licensing Process Involve? – To sell alcohol legally in Georgia, you must have a local alcohol license, a Georgia alcohol license, and a Federal Basic permit. Once your local license application is approved, the Georgia Department of Revenue (DOR) will issue a state alcohol license without further investigation.

DOR issues alcohol licenses to manufacturers, wholesale distributors, retailers, and special events sponsors.
The local license comes first.
It is also the most expensive of the licenses you may need—it can cost a few thousand dollars compared to the $400 you’ll pay for your state license.
When you request an application packet from the municipal government, you’ll find that it includes the form to apply for a state license from DOR.

Although the requirements for obtaining a liquor license in Georgia vary by jurisdiction, they still require you to complete a few key steps: – Prove residence in the specific county or municipality – Prove U.S. citizenship or permanent residency – Complete fingerprinting and a background check – Submit completed forms and required documentation – Pay a fee – In some cases, purchase an alcohol surety bond

Can you drink alcohol on street in Georgia?

The State of Georgia is one of only seven states that do not have a law prohibiting the possession of an open container in a public place. However, local jurisdictions have passed ordinances prohibiting open containers of alcohol in public. A notable exception is the historic district of downtown Savannah.

Is it legal to distill alcohol in Alabama?

1/1/2015 last updated

In dry counties ownership of a still for any reason is illegal as is legal production and sale of spirits. Because of this Alabama is listed here based off dry county laws. Section 28-4-24 reads as follows Any person, firm or corporation who shall, within this state, distill, make or manufacture any alcoholic, spirituous, malted or mixed liquors or beverages, any part of which is alcohol, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment at hard labor in the penitentiary for not less than one year nor longer than five years, such imprisonment to be fixed within these limits by the court.

Alabama Alcoholic Beverage Control Board Because of the restrictions in dry counties it is illegal to produce fuel even with a federal license.
Wet counties that allow stills for non-spirit production should allow production of fuel with a federal license.
A county issued license is available and required.

Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

But because there are no laws specific to owning a still for non-spirit production it is legal to own a still or to use it for other purposes (essential oils, water, etc.).
There are currently no laws that allow for non-commercial production of spirits in Alabama therefore citizens are unable to produce spirits for personal use.

It is illegal to be in possession of moonshine. Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Gaspar Aparicio