Bill 3685

                    Current Status

Bill Number:               3685
Ratification Number:       520
Act Number:                469
Introducing Body:          House
Subject:                   Relating to required newspaper notices of
                           intention to apply for alcoholic liquor
                           licenses

(A469, R520, H3685)

AN ACT TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES; TO AMEND SECTION 61-5-50, RELATING TO THE GRANTING OF LICENSES TO SELL ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS; AND TO AMEND SECTION 61-9-320, AS AMENDED, RELATING TO BEER AND WINE PERMITS, SO AS TO PROVIDE THAT A NOTICE MUST ALSO BE POSTED ON A SIGN AT THE LOCATION OF THE PROPOSED BUSINESS WHICH CONTAINS CERTAIN INFORMATION PERTAINING TO THE LICENSE OR PERMIT APPLICATION.

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

Notice

SECTION 1. Section 61-3-490 of the 1976 Code is amended to read:

"Section 61-3-490. Every person intending to apply for any license provided for under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall publish at least once a week for three successive weeks in a newspaper published or having a general circulation in the county, city, or community wherein the person proposes to engage in business, a notice of his intention to apply. The notice must be in large type and cover a space one column wide and not less than two inches deep and must state the type of license to be applied for and the exact location at which the proposed business is to be operated.

Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of license sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one half inches high; and

(e) be posted and removed by an agent of the Commission."

License

SECTION 2. Section 61-5-50 of the 1976 Code is amended to read:

"Section 61-5-50. The Commission may grant a license upon finding that:

(a) The applicant is a bona fide nonprofit organization or that the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, both asdescribed in Section 61-5-10; and

(b) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community and its principals are of good moral character; and

(c) As to any business establishments or locations established after November 7, 1962, the provisions of Section 61-3-440 have been complied with; and

(d) 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 license; and

(e) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(1) state the type of license sought;

(2) tell an interested person where to protest the application;

(3) be in bold type;

(4) cover a space at least eleven inches wide and eight and one-half inches high; and

(5) be posted and removed by an agent of the Commission."

Notice by displaying a sign

SECTION 3. Section 61-9-320 of the 1976 Code, as last amended by an act of 1986 bearing ratification number 406, is further amended by adding a new item (8) at the end to read:

"(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of permit sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high; and

(e) be posted and removed by an agent of the Commission."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.