Bill 1192

                    Current Status

Bill Number:               1192
Ratification Number:       406
Act Number:                374
Introducing Body:          Senate
Subject:                   Relating to qualifications of and
                           requirements for the issuance of a beer or
                           wine permit

(A374, R406, S1192)

AN ACT TO AMEND SECTION 61-9-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF AND REQUIREMENTS FOR THE ISSUANCE OF A BEER OR WINE PERMIT, SO AS TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY CONSIDER AS INDICATIONS OF UNSUITABLE LOCATION THE PROXIMITY TO RESIDENCES, SCHOOLS, PLAYGROUNDS, AND CHURCHES, AND PROVIDE THAT THESE CONSIDERATIONS ARE NOT APPLICABLE TO BUSINESSES LICENSED PRIOR TO THE EFFECTIVE DATE OF THIS ACT.

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

Permit

SECTION 1. Section 61-9-320 of the 1976 Code, as amended by Act 306 of 1984, is further amended to read:

"Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless:

(1) The applicant, and any agent or employee or servant of the applicant to be employed on the licensed premises, is of good moral character;

(2) The retail applicant is a citizen of this State for at least one year prior to the date of application and has maintained therein his principal place of abode for at least one year prior to the date of application;

(3) The wholesale applicant is a citizen of this State for at least one year prior to the date of application and has maintained therein his principal place of abode for at least one year prior to the date of application, or has been previously licensed under the laws of this State;

(4) The applicant has not, within two years prior to the date of application, had revoked any beer and wine permit issued to him;

(5) The applicant is twenty-one years of age or over;

(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that the Commission may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches, but this proviso shall not apply to locations licensed prior to the effective date of this proviso;

(7) Notice of application has appeared in a newspaper of general circulation in the area where the business of the applicant is to be located at least thirty days prior to the granting of the permit."

Time effective

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