South Carolina General Assembly
105th Session, 1983-1984

Bill 92

                    Current Status

Bill Number:               92
Ratification Number:       104
Act Number                 60
Introducing Body:          Senate
Subject:                   Unlawfully selling beer or wine to a
                           minor
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A60, R104, S92)

AN ACT TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, ALE, PORTER AND WINE BY ADDING SECTION 61-9-85 SO AS TO PROVIDE THAT IF A PERSON IS CHARGED WITH UNLAWFULLY SELLING BEER OR WINE TO A MINOR, THE MINOR SHALL ALSO BE CHARGED WITH THE UNLAWFUL PURCHASE OR POSSESSION OF BEER OR WINE, TO PROVIDE THAT IF THE MINOR ALSO GAVE FALSE INFORMATION AS TO HIS AGE OR IF AN ADULT UNLAWFULLY PURCHASED THE BEER OR WINE FOR THE MINOR, THEY SHALL ALSO BE CHARGED WITH THEIR RESPECTIVE VIOLATIONS, AND TO PROVIDE THAT NO PERSON CHARGED WITH UNLAWFULLY SELLING BEER OR WINE TO A MINOR SHALL BE CONVICTED OF SUCH OFFENSE UNLESS THE ABOVE PROVISIONS ARE FOLLOWED.

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

Unlawful purchase or possession of beer or wine

SECTION 1. Chapter 9 of Title 61 of the 1976 Code is amended by adding:

"Section 61-9-85. If a person is charged with a violation of Section 61-9-40 (the unlawful sale of beer or wine to minors), the minor shall also be charged with a violation of Section 20-7-370 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-9-50 (false information as to age) or if an adult violated Section 61-9-60 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons shall also be charged with their violations.

Unless the provisions of this section are followed, no person charged with a violation of Section 61-9-40 shall be convicted of such offense.

Nothing herein contained shall require that charges, once made pursuant to this section, be prosecuted to conclusion, but rather this determination shall be made in the manner provided by law."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.