Mirroring SB 66, this is the compromise Small Cell (5G) legislation.  By way of background, over the past two years, ACCG has opposed legislation which would have greatly preempted local government of the public's rights of way for the placement of small cell (5G) poles, antennas and equipment.  At the urging of the General Assembly, ACCG, GMA, Verizon and AT&T negotiated this reasonable compromise over the 2018 interim that has incorporated many safeguards which ACCG had called for in previous legislation.  

Key points of this ACCG compromise include: incentives for collocation in order to limit new poles; protections for historic districts and residential areas; the requirement that telcoms share build-out plans prior to deploying new facilities; a safe-harbor in case the current FCC order preempting state and local regulation of 5G deployment is overturned; the prohibition of speculative permit requests by third parties; and safeguards for local aesthetic and decorative pole conditions, among many others.  For a summary of the bill's key provisions, please click here. 

For a detailed, section-by-section summary of the bill, please click here.  

This bill would expand the definition of "dealers" who are required to collect sales taxes to include "marketplace facilitators", such as online platforms that allow vendors to sell goods or services through those platforms. Annual sales via such a platform of $100,000 or more into Georgia would require the facilitator to collect and remit all state and local sales taxes on all such sales. Franchising operations that have at least $500 million in annual Georgia sales (such as large hotel chains) can decide to have their franchisees collect sales taxes rather than having the franchisor be considered a marketplace facilitator.

This legislation was amended in Senate Rules Committee to include HB 67, which requires the Department of Revenue (DOR), on or before January 1, 2021, to develop and implement a state-wide, centralized online platform for retailers to apply for initial applications and renewals for local and state issued alcohol beverage licenses. DOR is charged with adopting the rules and regulations necessary to implement and administer the licenses.  

***ACCG's Policy Council voted to oppose this legislation only due to two very narrow, specific elements contained in the above section.  First, ACCG asked to extend the effective date from January 1, 2021 to July 1, 2021 in order to provide DOR and local governments more time to adequately develop the online licensing platform.  Secondly, ACCG asked that local alcohol licenses be issued prior to the state issuing its license using this platform.  Both requests were denied.

The legislation also authorizes the sell and delivery of packaged alcohol (beer, wine and liquor), under specific terms and conditions, to persons who establish accounts with the retailer.  Delivery drivers must undergo training, background checks and meet certain conditions and delivery addresses must be located within the local alcohol licensing jurisdiction of the retailer.  Local governments could prohibit, via ordinance, this delivery within their jurisdiction.         

Additionally, this bill alters the hours and process of approving Sunday package and on-premise (restaurant) alcohol sales (aka, the "brunch bill") of beer, wine and distilled spirits.  Cities and counties who have authorized these sales, via a referendum, may now allow sales starting at 11:00 a.m. via passage of an ordinance or resolution (current sales start at 12:30 noon, and local voters currently would have to pass a referendum in order to alter the times).  Cities and counties could also require a referendum to change this time if they would like.  Going forward, any county that newly-adopts Sunday sales - be they on-premise or package for beer, wine or liquor - must still have a referendum adopted, but the hours of said sales would be from 11:00 a.m. to midnight.   

Lastly, current law prohibits the sale of distilled spirits within 200 yards of schools and college campuses.  Under this bill, local governments may authorize the sale of packaged alcohol (for consumption off premise) within 200 yards of college campuses via the adoption of a less-restrictive ordinance; however, local governments cannot adopt more restrictive distances. The term "college" includes, but is not limited to, all buildings, campuses and grounds of a college.