In case you missed it, a conversation surrounding a potential brewery in Decatur next year quickly turned to a conversation about the possible sale and legality of “growlers” in the State of Georgia.  Scott pointed out a recent post on Atlanta Beer Master that noted a potential loophole in the State’s law that make growlers legal if permitted by local governments.

After perusing the city’s code for a bit, I asked City Manager Peggy Merriss what I thought was a relatively easy question: are growlers currently illegal in the City of Decatur.   Of course, there’s nothing simple about liquor laws.

The short answer is maybe. We define package as a “bottle, can, keg, barrel or other original consumer container as labeled and provided by the manufacturer for single unit sale.” So to the extent the “growler” is not capped and closed before retail sale, then it would not be able to be sold in the City of Decatur.

However, we also have a provision that states, “No retailer shall purchase any alcoholic beverage from any person other than a wholesaler licensed under this chapter.”

So if a retailer for consumption off premises wanted to sell “growlers”, they might be able to do so as long as they purchase those through a wholesaler and not directly from a manufacturer and they are labeled as a unit for individual sale.

It is definitely something we would have to go over with the City Attorney should such a situation present itself.

This sounds like potentially good news and perhaps bad news.

Let’s recap FM Fats original comment that got this ball rolling:  “I was just thinking how nice it would be if Ale Yeah! could sell growlers of Twain’s beers and Wild Heaven beers. Whole Foods is now selling growlers. Maybe soon.”

Assuming the Whole Foods growlers referenced above are sold through a wholesaler, it sounds like these growlers may already be allowed for sale in Decatur, though the city commission would have to verify this with the city attorney   However, based on the City Manager’s explanation, selling Twain’s beer at Ale Yeah! would not be legal, unless it was sold to Ale Yeah! by a wholesaler.

But before we go asking the commission to do anything, I just want to confirm that there’s actual interest out there from both retailers and customers for wholesale growlers.