The following questions will be answered in this article:

• Is it legal to own a non-alcohol producing still (for water purification, etc.)?
• Is it legal to distill alcohol without possession of a commercial distiller’s permit or a fuel alcohol permit?
• What is the penalty for possessing / and or selling illegally produced spirits without a permit?
• Is a commercial distillery permit available?
• Is a fuel alcohol permit available?

Georgia Moonshine Laws

Is it legal to own a non-alcohol producing still (for water purification, etc.)?

•  Yes.  2010 Georgia Statutes Section 3-3-27(b) provides that “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”.  Therefore this statute requires that the equipment be used for illegal alcohol production to be illegal.

If not legal:

• What is charge (felony, misdemeanor, etc.)  N/A
• What is maximum fine?  N/A
• What is maximum jail time?  N/A
• Can still be seized?  N/A
• Can additional property be seized?  N/A

Is it legal to distill alcohol without possession of a commercial distiller’s permit or a fuel alcohol permit? 

• No.  2010 Georgia Statutes Section 3-3-27(a)(1) provides that “a) No person knowingly and intentionally shall: (1) Distill, manufacture, or make any distilled spirits, except as permitted by this title…”

If not legal:

• What is charge (felony, misdemeanor, etc.)  Felony.  2010 Georgia Statutes Section 3-3-27(c)(1).
• What is maximum fine?  The statute does not give mention a fine.
• What is maximum jail time?  1-5 years imprisonment.
• Can still be seized?  Yes.   2010 Georgia Statutes Section 3-3-27(b) provides that “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”.
• What is maximum jail time?  12 months. 2010 Georgia Statue Section 17-10-3(a)(2).
• Can property be seized?  Yes.  2010 Georgia Statutes Section 3-3-27(b) provides that “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”.
• Can additional property be seized?  The statute would seem to be limited to everything used to manufacture alcohol.

What is the penalty for possessing / and or selling illegally produced spirits without a permit?

• What is charge (felony, misdemeanor, etc.)  Misdemeanor. 2010 Georgia Statutes Section 3-3-27(c)(2).
• What is maximum fine?  $1,000.  2010 Georgia Statue Section 17-10-3(a)(1)

Is a commercial distillery permit available?

• Cost of commercial distillery permit?  $1,000, plus 4100 investigation fee
• Location of commercial distillery permit application online?  Instructions for filing are found at: https://etax.dor.ga.gov/alcohol/ATD_State_Alcohol_License_Application_Wholesaler_Manufacturer_Shipper_ATT6_Instructions.pdf

Application form ATT-6 is found at: https://etax.dor.ga.gov/alcohol/ATD_State_Alcohol_License_Application_Wholesaler_Manufacturer_Shipper_ATT6.pdf

Is a fuel alcohol permit available? No.  Ethanol and alternative fuel production is allowed and encouraged, but no specific License or Permit is required.  Permits that may be required, depending on the location, size and circumstances, include water discharge, waste water and air quality.    There are, however, various proposals being discussed in the alternative fuel area that could result in some type of specific production License of Permit being required at any time.

• Cost of fuel alcohol permit? N/A
• Location of fuel alcohol permit application online? N/A

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