South Carolina General Assembly
106th Session, 1985-1986

Bill 2261


                    Current Status

Bill Number:               2261
Ratification Number:       171
Act Number:                117
Introducing Body:          House
Subject:                        Sale of beer and wine to minors,
                           permit to be posted, penalties
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A117, R171, H2261)

AN ACT TO AMEND SECTIONS 61-9-40, AS AMENDED, 61-9-455, AND 20-7-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER AND WINE, SO AS TO PROVIDE THAT THE SALE OF BEER AND WINE TO PERSONS UNDER THE AGE OF TWENTY-ONE AND THE PURCHASE OR POSSESSION OF THE BEVERAGES BY A PERSON UNDER THE AGE OF TWENTY-ONE IS UNLAWFUL; AND TO PROVIDE THAT SIGNS IN RETAIL LOCATIONS MUST BE POSTED STATING THAT PURCHASE OF BEER AND WINE BY PERSONS UNDER TWENTY-ONE YEARS OF AGE IS UNLAWFUL.

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

Penalty

SECTION 1. Section 61-9-40 of the 1976 Code, as last amended by Act 414 of 1984, is amended to read:

"Section 61-9-40. It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under the age of twenty-one. Any person making such unlawful sale must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court."

Permit to be posted

SECTION 2. Section 61-9-455 of the 1976 Code, added by Act 414 of 1984, is amended to read:

"Section 61-9-455. Every person engaged in the business of selling at retail beer, ale, porter, or wine shall post in every location for which he has obtained a permit pursuant to Section 61-9-310 a sign with the following words printed thereon: 'Any purchase of beer, ale, porter, or wine in this establishment by anyone under twenty-one years of age is a violation of the laws of this State and may be punished accordingly.' The Alcoholic Beverage Control Commission shall by regulation prescribe the size of the lettering and the location of the sign on the seller's premises.

Any retail seller of beer, ale, porter, or wine who fails to display the sign required by the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

Penalty

SECTION 3. Section 20-7-370 of the 1976 Code, as last amended by Act 506 of 1984, is further amended to read:

"Section 20-7-370. It is unlawful for any person under the age of twenty-one, to purchase, or knowingly have in his possession, any beer, ale, porter, wine, or any other similar malt or fermented beverage. Any such possession is prima facie evidence that it was knowingly possessed. Any person violating the provisions of this section is guilty of a misdemeanor and upon conviction must be fined not less than twenty-five dollars nor more than one hundred dollars.

This section does not apply to any employee lawfully engaged in the sale or delivery of any such beverage in an unopened container.

Persons, eighteen years of age and over, lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell such beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this paragraph shall in no way affect the requirement that a bartender must be at least twenty-one years of age."

Effect of code sections is declared unconstitutional

SECTION 4. 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 Sections 61-9-40, 61-9-455, and 20-7-370 of the 1976 Code shall be effective under the terms and conditions as existed prior to the amendments contained in Sections 1, 2, and 3.

Time effective

SECTION 5. This act shall take effect September 14, 1986.