Bill 2080

                    Current Status

Bill Number:               2080
Ratification Number:       483
Act Number:                414
Introducing Body:          House
Subject:                   Relating to the unlawful sale of beer and
                           wine to persons under the age of
                           eighteen

(A414, R483, H2080)

AN ACT TO AMEND SECTION 61-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER AND WINE TO PERSONS UNDER THE AGE OF EIGHTEEN AND TO AMEND SECTION 20-7-370, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER AND WINE BY PERSONS UNDER THE AGE OF EIGHTEEN, SO AS TO RAISE THE LAWFUL AGE FOR SUCH SALES AND PURCHASES FROM EIGHTEEN TO NINETEEN ON A CERTAIN DATE AND FROM NINETEEN TO TWENTY ON A CERTAIN DATE, TO AMEND CHAPTER 9, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-9-455 SO AS TO REQUIRE CERTAIN SIGNS TO BE POSTED IN EVERY RETAIL LOCATION WHEREIN BEER, ALE, PORTER, OR WINE IS SOLD, TO AMEND SECTION 61-9-70, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE BEER AND WINE LAWS, SO AS TO REVISE THESE PENALTIES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-75 SO AS TO REQUIRE THAT THE TEXT OF PROVISIONS OF LAW WHICH MAKE IT UNLAWFUL TO GIVE FALSE INFORMATION AS TO A PERSON'S AGE FOR THE PURPOSE OF UNLAWFULLY PURCHASING BEER OR WINE MUST BE CONSPICUOUSLY DISPLAYED IN ALL ESTABLISHMENTS WHICH HOLD A PERMIT TO SELL BEER OR WINE.

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful to sell beer and wine to certain persons

SECTION 1. Section 61-9-40 of the 1976 Code is amended to read:

"Section 61-9-40. It shall be unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under the age of nineteen effective January 1, 1984, and under the age of twenty effective January 1, 1985. Any person making such unlawful sale shall be subject to a fine of from one hundred to two hundred dollars or to imprisonment of from thirty to sixty days, or both, in the discretion of the court."

Further

SECTION 2. Section 20-7-370 of the 1976 Code, as amended by Act 71 of 1981, is further amended to read:

"Section 20-7-370. It shall be unlawful for any person under the age of nineteen effective January 1, 1984, and under the age of twenty effective January 1, 1985, to purchase, or knowingly have in his possession, any beer, ale, porter, wine, or any other similar malt or fermented beverage. Any such possession shall be prima facie evidence that it was knowingly possessed. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars.

This section shall not apply to any employee lawfully engaged in the sale or delivery of any such beverage in an unopened container."

Permit must be obtained

SECTION 3. Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Section 61-9-455. Every person engaged in the business of selling at retail beer, ale, porter, or wine shall post in every location for which he has obtained a permit pursuant to Section 61-9-310 a sign with the following words printed thereon: 'Any purchase of beer, ale, porter, or wine in this establishment by anyone under nineteen years of age is a violation of the laws of this State and may be punished accordingly.' The Alcoholic Beverage Control Commission shall by regulation prescribe the size of the lettering and the location of the sign on the seller's premises.

Any retail seller of beer, ale, porter, or wine who fails to display the sign required by the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

Penalty

SECTION 4. Section 61-9-70 of the 1976 Code is amended to read:

"Section 61-9-70. Any person violating the provisions of Sections 61-9-50 and 61-9-60 shall, upon conviction, be fined not less than fifty nor more than one hundred dollars or be imprisoned for not more than thirty days."

Provisions of law to be conspiciously displayed

SECTION 5. The 1976 Code is amended by adding:

"Section 61-9-75. The provisions of Section 61-9-50 shall be conspicuously displayed in all establishments which hold a permit to sell beer or wine."

Time effective

SECTION 6. This act shall take effect upon approval by the Governor.