South Carolina General Assembly
106th Session, 1985-1986

Bill 223

                    Current Status

Bill Number:               223
Ratification Number:       137
Act Number:                92
Introducing Body:          Senate
Subject:                        Searches for illegal liquor by law
                           enforcement officers
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A92, R137, S223)

AN ACT TO AMEND SECTION 61-13-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEARCHES FOR ILLEGAL LIQUOR BY LAW ENFORCEMENT OFFICERS, SO AS TO DELETE LANGUAGE MAKING IT A MISDEMEANOR FOR ANY PERSON TO REFUSE TO ALLOW INSPECTION AND SEARCH OF A PREMISES FOR WHICH A SEARCH WARRANT HAS BEEN PRESENTED OR TO HINDER AN OFFICER OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION FROM INSPECTING THE PREMISES; DELETE THE PROHIBITION AGAINST SEARCHES BETWEEN SUNDOWN AND SUNRISE; DELETE THE AUTHORITY OF A PEACE OFFICER TO DEMAND FULL INSPECTION OF A PREMISES WHICH IS LICENSED TO SELL ALCOHOLIC LIQUORS OR BEER OR WINE AND TO AMEND SECTION 61-13-840 RELATING TO THE ISSUANCES AND EXECUTION OF SEARCH WARRANTS SO AS TO DELETE THE PROHIBITION AGAINST SEARCHES OF A DWELLING HOUSE AT NIGHT.

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

Searches for illegal liquor

SECTION 1. Section 61-13-410 of the 1976 Code is amended to read:

"Section 61-13-410. Any person who, upon demand of any officer or agent of the Alcoholic Beverage Control Commission refuses to allow full inspection of the premises or any part of it which is licensed to sell alcoholic liquors or beer or wine, or refuses to allow full inspection of the stocks and invoices of the licensee or who hinders or in any way hinders or prevents the inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for a period not exceeding sixty days, or both."

Searches for contraband liquor

SECTION 2. Section 61-13-840 of the 1976 Code is amended to read:

"Section 61-13-840. Upon affidavit, which may be on information and belief, to the effect that contraband liquor is being unlawfully concealed, kept or stored in any place a search warrant may be issued by any magistrate of the county empowering any officer or person who may be deputized to enter the place by day or night and to search the premises for the purpose of seizing contraband liquors concealed, in the place, kept or stored. The liquor, when seized, must be disposed of as provided for the disposition of unlawful liquors."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.