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1059Ratification Number: 510Act Number: 459Introducing Body: SenateSubject: Relating to prohibited acts on the premises of establishments licensed to sell beer or wine so as to provide that no beer or wine may be sold on these premises to a person under the age of twenty and effective September 14, 1986, under twenty-one
(A459, R510, S1059)
AN ACT TO AMEND SECTION 61-9-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS ON THE PREMISES OF ESTABLISHMENTS LICENSED TO SELL BEER OR WINE SO AS TO PROVIDE THAT NO BEER OR WINE MAY BE SOLD ON THESE PREMISES TO A PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER TWENTY-ONE, AND TO PROVIDE THAT IF THE PROVISIONS OF PUBLIC LAW 98-363 ARE ENJOINED BY A COURT OF COMPETENT JURISDICTION OR DECLARED TO BE UNCONSTITUTIONAL, THE ABOVE PROVISIONS SHALL NOT TAKE EFFECT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-9-410 of the 1976 Code is amended to read:
"Section 61-9-410. No holder of a permit authorizing the sale of beer or wine or any servant, agent, or employee of the permittee shall knowingly do any of the following acts upon the licensed premises covered by the holder's permit:
(1) sell beer or wine to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age;
(2) sell beer or wine to any person while the person is in an intoxicated condition;
(3) permit gambling or games of chance;
(4) permit any lewd, immoral or improper entertainment, conduct, or practices;
(5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; or
(6) sell, offer for sale, or possess any beverage or alcoholic liquor the sale or possession of which is prohibited on the licensed premises under the law of this State.
A violation of any of the foregoing provisions is a ground for the revocation or suspension of the holder's permit."
Effectiveness of provision
SECTION 2. If Public Law 98-363 is enjoined by a court of competent jurisdiction or declared by a court to be contrary to the United States Constitution, the provisions of Section 61-9-410 of the 1976 Code shall be effective under the terms and conditions as existed prior to the amendments thereto contained in Section 1 of this act.
SECTION 3. This act shall take effect upon approval by the Governor.