Current Status Bill Number:View additional legislative information at the LPITS web site.
1062Ratification Number: 503Act Number: 453Introducing Body: SenateSubject: Relating to certain licenses or permits issued by the Alcoholic Beverage Control Commission
(A453, R503, S1062)
AN ACT TO AMEND SECTIONS 61-3-710, AND 61-5-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN LICENSES OR PERMITS ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION SO AS TO PROVIDE THAT THESE LICENSES OR PERMITS EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR AND TO PROVIDE THAT THESE PERMITS AND LICENSES ISSUED FOR THE 1986-87 LICENSE YEAR SHALL EXPIRE ON SEPTEMBER 30, 1987; TO AMEND SECTION 61-5-80, AS AMENDED, RELATING TO LICENSE FEES TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS SO AS TO REVISE THE MANNER IN WHICH FEES FOR PARTIAL LICENSE YEARS ARE COMPUTED; AND TO AMEND SECTION 61-9-310 RELATING TO PERMITS TO SELL BEER OR WINE SO AS TO PROVIDE THAT THESE PERMITS SHALL EXPIRE ON SEPTEMBER THIRTIETH OF EACH YEAR, TO PROVIDE THAT PERMITS ISSUED FOR LICENSE YEAR 1986-87 EXPIRE ON SEPTEMBER 30, 1987, AND TO ELIMINATE THE PERMIT FOR THE SALE OF BEER FOR CONSUMPTION OFF OF THE PREMISES.
Be it enacted by the General Assembly of the State of South Carolina:
Expiration of licenses
SECTION 1. Section 61-3-710 of the 1976 Code is amended to read:
"Section 61-3-710. All licenses granted and issued under the provisions of this chapter, Chapter 7 and Article 3 of Chapter 13 shall expire on September thirtieth of each year. Licenses issued during license year 1986-87 shall expire on September 30, 1987."
Validity of licenses
SECTION 2. Section 61-5-70 of the 1976 Code is amended to read:
"Section 61-5-70. All licenses issued under this article are valid until September thirtieth of each year, unless sooner suspended or revoked, and thereafter all licenses are valid for one year, renewable on October first, and annually thereafter, unless sooner suspended or revoked.
Any person shall promptly surrender any license issued hereunder upon request of the Commission.
All licenses are the property of the Commission, are not transferable and, upon the termination of any business or upon a change of ownership, possession, or control, or upon a substantial change in the character of the property or facilities for which a license has been obtained, all licenses issued hereunder must be immediately surrendered to the Commission.
All licenses must be issued for a designated location and may not be transferred to any other location. A separate license is required for each separate location of any business.
When a license is suspended or revoked, no partner or person with a financial interest of any kind in the premises, nor any person within the third degree of kinship to the person to whom a license had been issued, may be granted a license for the premises concerned.
Any person whose license has been suspended or revoked for a particular premises is not eligible for a license at any other location during the period the suspension or revocation is in effect.
Licenses issued during license year 1986-87 shall expire on September 30, 1987."
Application for licenses
SECTION 3. Section 61-5-80 of the 1976 Code, as last amended by Section 13, Part II of Act 201 of 1985, is further amended to read:
"Section 61-5-80. Applications for licenses must be accompanied by appropriate fees, payable to the Alcoholic Beverage Control Commission and must be deposited with the State Treasurer, or are refundable in case a license is refused. The schedule of fees for the license is as follows:
(1) Seven hundred fifty dollars a year for a nonprofit organization, as defined in subsection (3) of Section 61-5-20;
(2) Seven hundred fifty dollars a year for a business establishment, as defined in subsection (4) of Section 61-5-20.
Any person who initially applies for a license after October first in any year shall pay license fees in accordance with the following schedule:
(1) Between October first and December thirty-first, the entire fee;
(2) Between January first and March thirty-first, three-fourths of the prescribed fee;
(3) Between April first and June thirtieth, one-half of the prescribed fee;
(4) Between July first and September thirtieth, one-fourth of the prescribed fee.
Each applicant shall pay a filing fee of one hundred dollars which shall accompany the initial application for each location and which is not refundable."
SECTION 4. Section 61-9-310 of the 1976 Code, as last amended by Section 37, Part II of Act 201 of 1985, is amended to read:
"Section 61-9-310. Every person engaging in the business of selling beer, ale, porter, wine, or any beverage which has been declared to be nonalcoholic and nonintoxicating under the provisions of Section 61-9-10 shall apply to the South Carolina Alcoholic Beverage Control Commission for a permit to sell these beverages. Each applicant shall pay a filing fee of one hundred dollars which is not refundable. Retail dealers shall pay to the Commission one hundred twenty-five dollars per annum for retail permits, and wholesale dealers shall pay to the Commission one thousand dollars per annum for wholesale permits. Permits shall expire on September thirtieth of each year. Separate permits are required for each separate place of business. Permits issued during license year 1986-87 shall expire on September 30, 1987."
SECTION 5. This act shall take effect upon approval by the Governor.