Bill 3555

                    Current Status

Bill Number:               3555
Ratification Number:       418
Act Number:                386
Introducing Body:          House
Subject:                   Relating to restrictions on retail
                           dealers of alcoholic liquors

(A386, R418, H3555)

AN ACT TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL DEALERS OF ALCOHOLIC LIQUORS, SO AS TO CHANGE CERTAIN REFERENCES IN THE SECTION FROM A "MINOR" TO A "PERSON UNDER TWENTY-ONE YEARS OF AGE".

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

Restrictions on retail dealers

SECTION 1. Section 61-3-990 of the 1976 Code, as amended by Act 4 of 1977, is further amended to read:

"Section 61-3-990. No retail dealer shall:

(1) sell, offer for sale, barter, exchange, give, transfer or deliver or permit to be sold, bartered, exchanged, given, transferred or delivered any alcoholic liquors in less quantities than two hundred milliliters;

(2) own or keep in his possession any alcoholic liquors in separate containers containing less than two hundred milliliters;

(3) sell, barter, exchange, give, transfer or deliver, offer for sale, barter or exchange or permit the sale, barter, exchange, gift, transfer or delivery of alcoholic liquors (a) between the hours of 7:00 p.m. and 9:00 a.m., (b) for consumption on the premises, (c) to a person under twenty-one years of age, (d) to any intoxicated person or (e) to any insane person;

(4) permit the drinking of any alcoholic liquors in his store or place of business.

Provided, that during restricted hours the retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other such related functions which may be required that do not involve sale of any alcoholic beverages.

The provisions of this section relating to quantities of less than two hundred milliliters shall not apply to sealed containers of two ounces or less when sales in these quantities are authorized by law to be sold to persons licensed to sell these sealed containers for on-premise consumption.

It is unlawful for any person licensed to sell alcoholic beverages under the provisions of this section to refill a container of two ounces or less and any person who is convicted of doing so shall have his license revoked permanently.

Each retail dealer shall keep a record of all sales of alcoholic beverages sold in sealed containers of two ounces or less. The record shall include the name of the purchaser and the date and quantity of the sale. The reports of sales must be filed with the Alcoholic Beverage Control Commission within ten days of the end of each quarter. It is unlawful to sell sealed containers of two ounces or less except during legal hours of operation."

Time effective

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