Bill 3843

                    Current Status

 
 Introducing Body:              House
 Bill Number:                   3843
 Primary Sponsor:               L. Martin
 Committee Number:              26
 Type of Legislation:           GB
 Subject:                       Alcoholic beverages,
          provisions
 Residing Body:                 House
 Current Committee:             Labor, Commerce and Industry
 Computer Document Number:      NO5/7455.BD
 Introduced Date:               Apr 11, 1991
 Last History Body:             House
 Last History Date:             May 27, 1992
 Last History Type:             Recommitted to Committee
 Scope of Legislation:          Statewide
 All Sponsors:                  L. Martin
                                Burriss
                                Hayes
                                Fair
                                Wells
                                Harvin
 Type of Legislation:           General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3843  House   May 27, 1992  Recommitted to Committee        26
 3843  House   May 19, 1992  Committee Report: Favorable     26
                             with amendment
 3843  House   Apr 11, 1991  Introduced, read first time,    26
                             referred to Committee

COMMITTEE REPORT

May 19, 1992

H. 3843

Introduced by REPS. L. Martin, Burriss, Hayes, Fair, Wells and Harvin

S. Printed 5/19/92--H.

Read the first time April 11, 1991.

To whom was referred a Bill (H. 3843), to amend Title 61, Code of Laws of South Carolina, 1976, relating to alcohol and alcoholic beverages, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Title 61 of the 1976 Code is amended by striking and inserting:

ALCOHOL AND REGULATED BEVERAGES

Section 61-1-10. There is created the South Carolina Alcoholic Beverage Control Commission which consists of three members appointed by the Governor for terms of six years in the same manner and under the same terms and conditions as the members of the South Carolina Tax Commission are appointed.

Section 61-1-20. The Governor shall designate one of the commissioners as chairman. In addition to other qualifications required of the chairman by this chapter, the Governor, in selecting the chairman, shall give consideration to skill in tax laws and administration.

Section 61-1-30. No member of the commission may:

(1) engage in an occupation or a business interfering or inconsistent with commission duties;

(2) serve on a committee of a political party; or

(3) contribute directly or indirectly money or anything of value in support of a candidate for office or to a political organization.

Section 61-1-40. No member or employee of the commission or his relative by blood or marriage within the second degree, directly or indirectly, individually, as a member of a partnership or an association, or as a member or stockholder of a corporation may:

(1) have an interest in the manufacture of or dealing in regulated beverages or in an enterprise or industry in which regulated beverages are required;

(2) receive a commission or profit on the purchase or sale of regulated beverages.

(3) have an interest in or mortgage or deed of trust on land or a building where regulated beverages are manufactured for sale, offered for sale, or sold or in personal property used on the land or in the building.

Section 61-1-50. Powers and duties once held by the Tax Commission concerning regulated beverages are now held by the Alcoholic Beverage Control Commission. The Tax Commission shall continue to administer and collect the taxes relating to regulated beverages.

Section 61-1-60. The commission may appoint an attorney, upon the approval of the Attorney General, who has the status of an Assistant Attorney General assigned to the commission.

Section 61-1-70. (A) The commission may employ necessary personnel including, but not limited to, inspectors, chemists, and clerical and stenographic staff for the proper administration and enforcement of this title and Chapter 33 of Title 12. Their salaries must be fixed by the commission.

(B) The Governor shall commission as state constables inspectors or agents certified to him by the commission in order that they have adequate authority as law enforcement officers. Each inspector, before entering upon the discharge of his duties, shall take the oath of office as required by Article III, Section 26 of the Constitution of South Carolina and also an additional oath required by law and shall give bond payable to the State, in a form approved by the Attorney General, in the penal sum of five thousand dollars with a surety or guaranty company authorized to do business in South Carolina and approved by the commission, as surety, conditioned upon the faithful discharge of his duties.

(C) The commission may require other employees to furnish bonds conditioned upon the performance of duties.

(D) The premiums on the bonds required in this section must be paid as an expense of the administration of this title, and the bonds must be filed with and preserved by the Secretary of State.

Section 61-1-80. The commission shall administer and enforce this title and may promulgate regulations in accordance with the Administrative Procedures Act to:

(1) carry out and enforce the purposes and provisions of this title;

(2) prevent the illegal manufacture, bottling, sale, distribution, and transportation of regulated beverages.

Section 61-1-90. The commission, by regulation, shall provide for the frequent analysis of regulated beverages sold within this State and provide procedures for obtaining samples.

Section 61-1-100. The commission may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at the hearings or before an officer or agent of the commission, and administer oaths and take testimony. In its discretion it may authorize its members, officers, or agents to hold and conduct hearings, issue subpoenas, administer oaths, and take testimony.

Section 61-1-110. The commission may enter the premises of a licensee, permittee, or registrant without a warrant and audit and examine its books, records, papers, memoranda, and commodities and secure other information directly or indirectly pertaining to the enforcement of this title. However, this information does not include tax returns, financial statements, and related financial records of manufacturers, producers, and wholesalers unless ordered by a court.

Section 61-1-120. The commission shall file with the Governor and the General Assembly its annual report before July first and report to the Governor on its affairs generally or on special matters connected with its affairs as often as the Governor requires.

Section 61-1-130. The commission is the exclusive authority empowered to regulate the operation of locations authorized to sell regulated beverages.

Section 61-1-140. Monies received by the commission under this title must be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-3-10. As used in this title:

(1) `Alcoholic liquor' means a spirituous malt, vinous, fermented, brewed, whether lager or rice beer, or other alcoholic liquors or a compound or mixture of them which contains alcohol and is used as a beverage. It does not include:

(a) wine or beer when manufactured or made for home consumption and which is not sold by the maker or another person;

(b) a beverage declared by statute to be nonalcoholic or nonintoxicating; or

(c) near beer.

(2) `Alcoholic liquor producer' means a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and includes an importer of alcoholic liquors engaged in importing them into the United States.

(3) `Alcoholic liquor producer representative' means a person who is a citizen of South Carolina who maintains his principal place of abode in this State and who is registered with the commission pursuant to this title as the South Carolina representative of a registered alcoholic liquor producer.

(4) `Beer' means beer, ale, porter, or other similar malt or fermented beverages containing not more than five percent of alcohol by weight.

(5) `Beer or wine producer' means a brewery or winery or a manufacturer, bottler, or importer of wine or beer, including ale, porter, and malt beverages into the United States.

(6) `Cargo area' means the area without and behind the cab of a truck which is designed by the manufacturer for the boarding of goods or materials or the area without and behind the cab of a truck which customarily is used for the boarding of goods or materials.

(7) `Commission' means South Carolina Alcoholic Beverage Control Commission.

(8) `Domestic wine' means wine manufactured wholly within South Carolina primarily from fruits and berries produced within the State.

(9) `Engaged primarily and substantially in the preparation and service of meals' refers to a business which has been issued a Class A restaurant license before issuance of a license under this title and provides facilities for seating not less than forty persons simultaneously at tables for the service of meals.

(10) `Furnishing lodging' refers to businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms.

(11) `Glove compartment' does not constitute a luggage compartment or a cargo area.

(12) `Hotel room' means a room of a hotel or motel that customarily is rented or leased and is used primarily for lodging purposes.

(13) `Kitchen' means a separate and distinct area of a licensed or permitted business establishment that is used solely for the preparation, serving, and disposal of solid foods that make up meals. This area must be equipped adequately for the cooking and serving of solid foods and their storage.

(14) `Licensed or permitted premises' means premises for which a license or permit under this title is in effect. It includes areas normally used by the licensee or permittee to conduct his business and includes, but is not limited to, selling, storage, food preparation, and parking areas.

(15) `Luggage compartment' means the trunk of a motor vehicle which possesses it. However, with respect to a motor vehicle which does not contain a trunk, `luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage customarily is carried. In regard to a station wagon, `luggage compartment' refers to the area behind the last seat.

(16) `Manufacturer' means a person operating a plant or place of business within this State for distilling, rectifying, brewing, fermenting, blending, or bottling regulated beverages.

(17) `Meal' means an assortment of various prepared foods available to guests on licensed or permitted premises during normal `mealtimes' which occur when the licensed or permitted business establishment is open to the public. Snacks prepared off the licensed or permitted premises but sold on it do not constitute a meal.

(18) `Near beer' means beer containing less than one-half of one percent of alcohol by volume.

(19) `Premises' means the physical place at which a licensee or permittee is or may be licensed or permitted to engage in the sale, serving, and storage of regulated beverages.

(20) `Primarily' as used in item (8) means that:

(a) The serving of meals by a licensed or permitted business establishment constitutes a regular and substantial source of business to the establishment.

(b) Meals must be served upon the demand of guests or patrons during normal `mealtimes' which occur when the establishment is open to the public.

(c) An adequate supply of food is present on the premises to meet the demand.

(21) `Primary American source of supply' means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, the bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer.

(22) `Private residence' means a domestic establishment, home, or dwelling place in which an individual resides, actually lives, lodges, or abides and includes places of temporary lodging or abode.

(23) `Registered alcoholic liquor producer' means an alcoholic liquor producer registered with the commission pursuant to this title.

(24) `Registered beer or wine producer' means a beer or wine producer registered with the commission pursuant to this title.

(25) `Regulated beverages' include alcoholic liquors, beer, ale, porter, and wine.

(26) `Retail alcoholic liquor dealer' means a holder of a license to sell alcoholic liquors in sealed containers of two hundred milliliters or more.

(27) `Sale and consumption licensee' means a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption.

(28) `Wholesale dealer' or `wholesaler' means a person who from without the State purchases, acquires, or imports or who purchases or acquires from a manufacturer within the State regulated beverages for resale.

(29) `Wine' means wine containing not more than twenty-one percent of alcohol by volume.

Section 61-3-20. Beer and wine are nonalcoholic and nonintoxicating beverages.

Section 61-3-30. It is lawful, subject to other requirements of this title, for a person who is twenty-one years of age or older to transport, possess, or consume lawfully acquired alcoholic liquors in accordance with the following:

(1) A person may transport alcoholic liquors to and from a place where alcoholic liquors may be possessed or consumed lawfully. However, if the cap or seal on the container has been opened or broken, it is unlawful to transport the alcoholic liquors in a motor vehicle, except in the luggage compartment or cargo area.

(2) A person may possess or consume alcoholic liquors:

(a) in a private residence or hotel room;

(b) on other property not engaged in a business or commercial activity or at private gatherings, receptions, or occasions of a single and isolated nature, not on a repetitive or continuous basis, with the express permission of the owner and other persons in possession of the property and to which the general public is not invited. However, this does not authorize the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to items (3) and (4);

(c) in separate and private areas of an establishment whether or not the establishment includes premises licensed pursuant to items (3) and (4), where specific individuals have leased the areas for a function not open to the general public.

(3) Nonprofit organizations with limited membership, not open to the general public, established for social, benevolent, patriotic, recreational, or fraternal purposes and meeting the other requirements of Section 33-31-10 may be licensed to sell alcoholic liquors in sealed containers of two ounces or less. Members or guests of members of the organizations may consume alcoholic liquors sold in the containers upon the premises between ten a.m. and two a.m. on the next day.

(4) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in sealed containers of two ounces or less in a business establishment between ten a.m. and two a.m. the next day if the establishment meets the following requirements:

(a) The business is engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging.

(b) The business has a license from the commission permitting the sale and consumption of alcoholic liquors which is displayed conspicuously on the main entrance to the premises and clearly visible from the outside.

Section 61-3-40. (A) It is unlawful for a person to possess or consume regulated beverages upon premises where the person has been forbidden to possess or consume regulated beverages by the owner, operator, or person in charge of the premises.

(B) No person, partnership, corporation, or organization for whose premises a license or permit is required knowingly may allow the possession or consumption of regulated beverages upon the premises unless a valid license or permit has been obtained and is displayed properly.

Section 61-3-50. The South Carolina Alcoholic Beverage Control Commission has the exclusive power to grant, issue, suspend, and revoke licenses and permits provided in this title. The commission may grant, subject to revocation:

(1)(a) alcoholic liquor manufacturers' licenses which authorize the licensees to manufacture alcoholic liquors and to sell and deliver or ship them in bottles or in like closed containers to an alcoholic liquor wholesaler licensed in this State and in barrels, bottles, or other closed containers to persons outside this State. However, no deliveries or shipments may be made into a state the laws of which prohibit the consignee from receiving or selling the alcoholic liquors;

(b) alcoholic liquor wholesalers' licenses which authorize the licensees to purchase, store, keep, possess, or import into this State or transport, sell, or deliver to persons having alcoholic liquor manufacturers' or retailers' licenses alcoholic liquors in bottles or like closed containers;

(c) alcoholic liquor retail dealers' licenses which authorize the licensees to purchase alcoholic liquors from alcoholic liquor wholesalers and to store, keep, possess, or sell alcoholic liquors at retail for off-premises consumption in compliance with this title and regulations of the commission;

(d) alcoholic liquor retail dealers' sale and consumption licenses which authorize the licensees to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption in compliance with this title and regulations of the commission;

(2)(a) beer or wine importers' permits which authorize the permittees to import beer, wine, or a beverage declared to be nonalcoholic and nonintoxicating;

(b) beer or wine manufacturers' permits which authorize the permittees to manufacture, sell, and deliver beer, wine, or a beverage declared to be nonalcoholic and nonintoxicating to a permitted beer or wine wholesaler;

(c) beer or wine wholesalers' permits which authorize the permittees to purchase, possess, sell, and deliver beer, wine, or a beverage declared to be nonalcoholic and nonintoxicating to permitted beer or wine manufacturers or retail dealers and wholesalers as authorized by Section 61-7-310.

(d) beer or wine retail dealers' permits which authorize the permittees to purchase beer, wine, or a beverage declared to be nonalcoholic and nonintoxicating from beer or wine wholesalers and to store, keep, possess, or sell the beverages at retail for consumption in compliance with this title and regulations of the commission;

Section 61-3-60. (A) Unless the commission orders otherwise, to be eligible for a license or permit under this title a person who will have actual control and management of the business proposed to be operated:

(1) must be twenty-one years of age or older;

(2) must be a resident of South Carolina;

(3) must be organized as a nonprofit organization or shall conduct a business engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging. This requirement applies only to licenses for alcoholic liquors in sealed containers of two ounces or less;

(4) must be of good moral character if the applicant is an individual or, if a corporation or association, must have a reputation for peace and good order in its community, and its principals must be of good moral character;

(5) must be a suitable person to be licensed;

(6) shall employ on the premises as agents, employees, or servants or in another fashion persons of good moral character;

(7) may not have a license or permit under the statutes of this State regulating the manufacture or sale of regulated beverages revoked within five years of filing the application;

(8) must not have been convicted of a felony within ten years of filing the application.

(B) The commission shall refuse to grant a license or permit if it is of the opinion that the place of business is not suitable. However, the commission may refuse to grant a retail alcoholic liquor license if a sufficient number of retail alcoholic liquor licenses have been issued in the State or area.

(C) The commission may not consider for a permanent permit or permanent license an applicant who has not been a bona fide actual resident of and maintained his principal place of abode in South Carolina for at least one year before the date of application.

(D) Applications for sale and consumption licenses must describe with particularity the specific areas within the licensed premises upon which the licensee shall store, sell, and serve alcoholic liquors in sealed containers of two ounces or less. This description must include, but is not limited to, the buildings affected, floors, rooms, patios, and recreation areas where authorization is requested to conduct the functions in this subsection.

(E) Upon the written request of a person who resides in the county where the license or permit is requested to be granted, the commission may not issue the license or permit until interested persons have been given an opportunity to be heard.

Section 61-3-70. (A) A holder of a retail alcoholic liquor license shall apply for and procure from the commission a license to sell alcoholic liquors in sealed containers of two ounces or less before a sale is made. The license must be issued by the commission at no charge.

(B) A licensed retail alcoholic liquor dealer who holds a license to sell alcoholic liquors in sealed containers of two ounces or less to establishments licensed to resell the containers shall invoice or bill sales on standard invoice forms approved by the commission. The invoice forms must reflect license numbers, quantity sold of each brand, and cost to the purchaser. The invoice forms must be in triplicate:

(1) white copy to the purchaser;

(2) yellow copy to the Tax Commission not later than the tenth of the month after the month of sale;

(3) green copy retained by the seller.

Section 61-3-80. (A) An initial or a renewal sale and consumption of alcoholic liquor license for a nonprofit organization may be issued only to a nonprofit organization organized and existing under the laws of South Carolina. It must be operated solely and exclusively for social, benevolent, patriotic, recreational, or fraternal purposes but not for pecuniary gain or profit. No part of its net earnings may directly benefit a member or shareholder. This license must not be granted to or held by an organization which is or has been organized and operated primarily to obtain or hold a license to sell alcoholic liquors but only to one with limited membership to which the sale of alcoholic liquors is incidental to its main purpose.

(B) The nonprofit organization must have a definite fixed method of electing persons on an individual basis to membership in the organization. This method must be described in the bylaws and must bear a reasonable relation to the organization's object and purpose. The organization must be maintained by its members through the payment of monthly, quarterly, or annual fees or dues.

(C) The affairs and management of the nonprofit organization must be conducted by a board of directors, an executive committee, or a similar governing body chosen by the members at a regular meeting held at periodic intervals but at least annually. However, organizations operated for the benefit of universities and similar public institutions pursuant to Internal Revenue Code Section 501(c)(3) may be governed by a board or committee if provided in the bylaws.

(D) Upon dissolution, liquidation, or final termination of the operations of the nonprofit organization, its residual assets may not benefit directly a member or shareholder but must be turned over to one or more nonprofit organizations organized and operated for charitable purposes or for other purposes authorized under this title.

(E) No member, officer, agent, or employee of the nonprofit organization may be paid or directly or indirectly receive as salary or other compensation profit from the sale or distribution of alcoholic liquors beyond the salary fixed and voted on at a regular meeting by the members or at a regular meeting by the governing body out of general revenue. Salaries and compensation must be reasonable for services actually performed.

(F) The nonprofit organization shall file with its application for this license a:

(1) certified copy of its charter;

(2) copy of its bylaws;

(3) list of its officers and directors showing names, ages, correct mailing addresses, and business employment.

(G) After receiving the license, each nonprofit organization shall file with the commission a:

(1) change in the board of directors, executive committee, or similar governing body within thirty days of the effective date of the change;

(2) change in the bylaws and membership effected during the preceding twelve months with an application for license renewal;

(3) financial statement and profit and loss statement for the latest calendar year or fiscal year, with an application for license renewal;

(4) sworn statement by an authorized officer that it is operated on a nonprofit and limited membership basis.

(H) Licensees under this section shall maintain the following records on their premises and make them available for inspection by an authorized representative of the commission:

(1) complete membership record showing the date of application of the proposed member, date of admission after election, date initiation fees and dues are paid, amounts paid, and member's correct mailing address;

(2) books and records relating to the financial transactions and activities of the licensee, including income record, expenditure record, and bank account maintained in a form established by regulation of the commission.

(I) Only members and guests of members of the nonprofit organizations may consume alcoholic liquors sold in sealed containers of two ounces or less upon the licensed premises. Guests are limited to those who accompany a member on the premises or for whom the member has made prior arrangements with the management of the organization.

Section 61-3-90. (A) No license or permit may be issued to a corporation or association as such, and if an application is made for a corporation or association, the license or permit, if granted, must be issued to an officer in the case of a license or to an officer or agent in the case of a permit. The officer or agent assumes all responsibility under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees or permittees.

(B) If a licensed or permitted officer or agent of a corporation is replaced, it is not necessary that a new license or permit be obtained if no violations are pending.

(C) Permits and licenses issued for use at a particular location must be issued in the name of one individual. This requirement applies to sole proprietorships and persons holding permits and licenses on behalf of partnerships, corporations, associations, and organizations.

(D) Veterans clubs, associations, corporations, and similar organizations are responsible for violations which occur on the licensed or permitted premises in addition to the individual who holds the license or permit for the use of the organizations.

Section 61-3-100. (A) The commission may not grant or issue an alcoholic liquor license under this title if the place of business is within three hundred feet of a church, school, or playground situated within a municipality or within five hundred feet of a church, school, or playground situated outside a municipality. The distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.

(B) The restrictions in this section do not apply to the renewal of licenses existing on July 10, 1960, or retail alcoholic liquor licenses to sell alcoholic liquors in sealed containers of two ounces or less existing on November 7, 1962, or to locations existing on those dates.

(C) As used in this section:

(1) `Church' means an establishment, other than a private dwelling, where religious services usually are conducted.

(2) `School' means an establishment, other than a private dwelling, where the processes of education usually are conducted.

(3) `Playground' means a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

Section 61-3-110. (A) Licenses and permits are the property of the commission, are not transferable, and, upon the request of the commission, upon the termination of a business, upon a change of its ownership, possession, or control, or upon a change in the character of the property, facilities, or nature of business for which a license or permit has been obtained, must be surrendered immediately to the commission. The transfer of twenty-five percent or more of corporate stock is considered a change of ownership.

(B) A license or permit must be issued for a designated location and must not be transferred to another location. A separate license and permit is required for each separate location of a business or for each separate area in which regulated beverages are sold. For the purposes of this subsection, a hotel consists of all contiguous lawns, patios, pools, dining areas, drinking facilities, and conference facilities.

(C) No retail alcoholic liquor license may be issued to more than one member of a household.

(D) No more than three retail alcoholic liquor licenses may be issued to a licensee, and he must be eligible for a license with respect to each establishment.

Section 61-3-120. The commission may not hear an application for a license or permit issued under this title:

(1) for two years after the applicant has had an application denied due to his criminal record or is determined to be an unsuitable or improper person to hold a license or permit unless the commission in its discretion decides the hearing is proper and grants it;

(2) after an application has been denied due to the location being declared by the commission to be unsuitable or improper unless the applicant affirmatively shows that a material change in the location has occurred or unless the commission in its discretion decides the hearing is proper and grants it.

Section 61-3-130. (A) A person intending to apply for a license or permit provided under the provisions of this chapter shall publish, at least once a week for three successive weeks on the same day of each week in a newspaper published or having a general circulation in the county, city, or community in which the person proposes to engage in business, a notice of his intention to apply. The first notice must be published at least thirty days before the license or permit is granted. The notice must be in large type and cover a space not less than one column wide and not less than two inches deep and must state the type of license or permit to be applied for and the exact location at which the proposed business is to be operated.

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

(1) state the type of license or permit 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;

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

(C) This section does not apply to licenses issued under Section 61-3-70 to licensed retail alcoholic liquor stores, to temporary permits or licenses issued under Section 61-3-190, or to cooking licenses issued under Section 61-3-210.

Section 61-3-140. The requirement of publication of notice before applying for a license or permit does not apply to a person renewing a license or permit under this title.

Section 61-3-150. A person desiring a license or permit under this chapter, after publishing the required notice of intention to apply, shall file with the commission an application in writing on forms provided by the commission containing a statement under oath setting forth:

(1) the name, address, age, race, and nationality of the person applying for the license or permit;

(2) the name, address, age, race, and nationality of the person who will have actual control and management of the business proposed to be operated;

(3) the exact location and a description of the place where the business is proposed to be operated;

(4) whether the applicant or the person who will have actual control and management of the business proposed to be operated has had a license or permit under the provisions of this title or a previous statute regulating the manufacture or sale of regulated beverages;

(5) other information required by regulation of the commission.

Section 61-3-160. The commission may not issue a license or permit until the license or permit tax required by Title 12 has been paid by the applicant.

Section 61-3-170. (A) The commission may require an applicant for a retail or wholesale beer or wine permit to post a cash bond or surety bond with a bonding company approved by the Insurance Commission of South Carolina as an additional condition for a permit or license. The bond must be in an amount determined by the commission and is subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine.

(B) A person upon whose application for an alcoholic liquor retail license the commission has acted favorably, within ten days from the date he receives notice of the action, shall:

(1) if a manufacturer's, retail dealer's, or sale and consumption license, file with the commission a bond payable to the State, in a form approved by the commission, in the penal sum of two thousand dollars, with a surety or guaranty company authorized to do business in this State and approved by the Insurance Commission as surety, conditioned upon the lawful operation of the business and the prompt payment of license taxes;

(2) if a wholesaler's license, file with the commission a bond of not more than five hundred thousand dollars payable to the State in a form approved by the commission, in the penal sum which in the opinion of the commission is sufficient to protect the interests of the State, with a surety or guaranty company authorized to do business in this State and approved by the Insurance Commission as surety, conditioned upon the lawful operation of the business and the prompt payment of taxes; or

(3) deposit with the State Treasurer cash in the amount of the bond provided in item (1) or (2) or deposit securities sufficient in the opinion of the State Treasurer to secure adequately the amount of the bond. The deposit must be made upon the same condition as that required in the bond and must be held by the State Treasurer without interest.

Section 61-3-180. An establishment that holds a beer and wine permit and a license to sell alcoholic liquors in sealed containers of two ounces or less may sell wine which is not more than twenty-one percent of alcohol by volume to be consumed on the premises.

Section 61-3-190. The commission may issue the following temporary licenses or permits:

(1) A license not to exceed seventy-two hours to allow the possession and consumption of alcoholic liquors must be issued upon request to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. The license is for the benefit of a person leasing or otherwise lawfully using the building.

(2) A temporary license for not more than twenty-four hours may be issued to organizations not organized for profit which permits them to purchase and sell at a single social occasion alcoholic liquors in sealed containers of two ounces or less. The issuance of the permit to the organization authorizes it to purchase alcoholic liquors in sealed containers of two ounces or less from licensed alcoholic liquor dealers. The commission shall charge a nonrefundable filing fee of thirty-five dollars for processing each application. The license application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of licenses authorized under this section is within the sole discretion of the commission.

(3) A temporary license to allow the possession, sale, and consumption of alcoholic liquors may be issued for not more than twenty-four hours. It may be issued only to a nonprofit organization, as defined in this title, that has been in existence and operating for at least twelve months before the date of application, to nonprofit educational foundations, and to political parties and their affiliates certified by the Secretary of State. The commission shall charge a nonrefundable filing fee of thirty-five dollars for processing each application. The commission in its sole discretion shall specify the terms and conditions of the license.

(4) A temporary license may be issued to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This license is valid for not more than twenty-four hours and may be issued only to nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The commission shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily license fee of fifty dollars for each day for which a license is approved. An application must be filed for each license requested. The license fees must be credited to the general fund of the State. The commission in its sole discretion shall specify the terms and conditions of the license.

(5) A temporary permit authorizing the sale of beer and wine not to exceed fifteen days for a fee of ten dollars a day may be issued only for locations at fairs and special functions.

Section 61-3-200. (A) Licenses authorized by Section 61-3-190(4) may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the licenses. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent of but not more than twenty-five hundred qualified electors of the county or municipality in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality at least seven days before the referendum. The state election laws apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the commission.

(B) The question on the ballot must read substantially as follows:

`Must the South Carolina Alcoholic Beverage Control Commission be authorized to issue temporary licenses in this (county)(municipality) for not more than twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(C) A referendum for this purpose must not be held more often than once in forty-eight months. The expenses of the referendum must be paid by the county or municipality conducting it.

Section 61-3-210. (A) An establishment which offers meals to the public may secure a license from the commission to purchase and possess alcoholic liquors used solely in the cooking and preparing of foods to be served by the establishment. As used in this section, `food' means nutritive material taken into the body by eating and does not include liquids or drinks to which liqueurs or similar alcoholic liquors are added and served for consumption as beverages. `Similar alcoholic liquors' includes liqueurs, brandies, cordials, and other related alcoholic liquors commonly used in the cooking and preparation of foods.

(B) Application for the license must be in a form and under conditions prescribed by the commission. The application must be accompanied by an annual license fee of twenty-five dollars.

(C) The license in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. Establishments so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided in this section if only sealed containers of two ounces or less are used in the food preparation. However, no application for a license under this section may be accepted unless the applicant also has a license for the sale and consumption of alcoholic liquors in sealed containers of two ounces or less.

(D) The license required by this section must be displayed conspicuously in the area in which the alcoholic liquors are used in the cooking and preparation of foods.

(E) Alcoholic liquors in sealed containers of more than two ounces possessed on the premises of an establishment pursuant to a license under this section must be locked in a cabinet, locker, or similar compartment located in the cooking area at all times except when physically being used in the preparation and cooking of foods.

(F) A licensee may not possess on his premises alcoholic liquors in containers of more than two ounces to be used in the preparation of foods in excess of the amount necessary to meet normal usage requirements for a fifteen-day period.

(G) Alcoholic liquors stored on the premises of a licensed establishment for cooking purposes must be used exclusively in the preparation of food for service to the public and must not be sold or consumed as a beverage.

(H) An applicant for a license under this section shall file a surety bond of one thousand dollars with each application. The surety bond must be issued by a company authorized to do business in this State.

(I) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and all licenses and permits he holds from the commission are revoked.

Section 61-3-220. All licenses and permits issued under the provisions of this title expire annually according to the county where the licensed or permitted location is situated. The expiration dates are:

(1) the last day of February for Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) the last day of May for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, Horry, Lancaster, Marion, Marlboro, Union, and York counties;

(3) the last day of August for Calhoun, Kershaw, Lee, Orangeburg, Sumter, and Richland counties;

(4) the last day of November for Abbeville, Aiken, Anderson, Edgefield, Greenville, Greenwood, Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

Section 61-3-230. Except where a license or permit is granted to more than one person, if a licensee or permittee dies, the executor or administrator, with the consent of the court of probate and upon permission of the commission, may continue the operation of the business covered by the license or permit. If the executor or administrator elects to discontinue the business or if the commission does not issue a license or permit for its continuance, the unearned portion of the license or permit tax, computed on the basis of the cost of the license or permit for each month for the period for which it was issued, must be refunded to the executor or administrator, and alcoholic liquors of the deceased which come into the hands of the executor or administrator may be sold by him in the manner provided by Section 61-3-340.

Section 61-3-240. (A) A retail beer or wine permittee shall pay the commission an annual fee of two hundred dollars.

(B) A wholesale beer or wine permittee shall pay the commission an annual fee of one thousand dollars.

(C) A sale and consumption licensee for a nonprofit organization, or for a business establishment, as defined in this title, shall pay the commission an annual fee of seven hundred fifty dollars.

(D) A retail alcoholic liquor licensee shall pay the commission an annual fee of six hundred dollars.

(E) A wholesale alcoholic liquor licensee shall pay the commission an annual fee of ten thousand dollars.

(F) A manufacturer's alcoholic liquor licensee shall pay the commission an annual fee of twenty-five thousand dollars.

(G) A person who initially applies for a license or permit after the first day of a license or permit year shall pay license and permit fees in accordance with the following schedule:

(1) during the first quarter: the entire fee;

(2) during the second quarter: three-fourths of the fee;

(3) during the third quarter: one-half of the fee;

(4) during the final quarter: one-fourth of the fee.

(H) Except as provided in Section 61-3-210, each initial application for a permit must be accompanied by a nonrefundable filing fee of two hundred dollars, and each initial application for a license must be accompanied by a nonrefundable filing fee of one hundred dollars. The fee must accompany the initial application for each location and is not refundable.

Section 61-3-250. The commission may not issue licenses or permits for on- or off-premises consumption which authorize regulated beverages to be sold on a drive-through or curb service basis. A licensee or permittee or his employee or agent may not sell or deliver regulated beverages to a person who remains in a motor vehicle during the transaction and may not sell or deliver regulated beverages at a drive-in or drive-through establishment or on a curb service basis.

Section 61-3-260. A person or organization licensed or permitted by the commission may hold and advertise special events such as bingo, raffles, or other similar activities intended to raise money for charitable purposes. This section does not affect the requirements for obtaining a bingo license from the South Carolina Tax Commission.

Section 61-3-270. (A) A restaurant with a Class A or B license issued by the South Carolina Department of Health and Environmental Control may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by the department and is placed on individual plates or in individual serving dishes inside the restaurant and if uncovered containers in which the beverages are served are filled only to satisfy the order of a customer.

(B) This section does not allow a Class B restaurant to sell, dispense, barter, or trade in alcoholic liquors in sealed containers of two ounces or less.

(C) The existing law controlling Class B restaurants in reference to the sale or dispensing of regulated beverages is not affected.

(D) The licensed premises of a business establishment which is engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in sealed containers of two ounces or less does not extend to a portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in the area.

(E) A nonprofit organization does not qualify for a sale and consumption license unless the premises to be licensed are located in a place separate and distinct from the premises of a business operation including establishments licensed to sell alcoholic liquors in sealed containers of two ounces or less. Premises which are separate and distinct from business operations must bear a different address, have a separate entrance, and not be connected by common doors or passageways with the business premises.

Section 61-3-280. Licenses, permits, and certificates issued under this title must be displayed conspicuously on the premises.

Section 61-3-290. When a sale and consumption licensee sells alcoholic liquor in a sealed container of two ounces or less, the purchaser shall break the seal unless the seller breaks the seal in the presence of the purchaser and delivers the container.

Section 61-3-300. A business establishment that holds a sale and consumption license and is not engaged in the furnishing of lodging:

(1) must be equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals;

(2) must have readily available to guests and patrons either `menus' with listings of the various meals offered for service or listings of available meals and foods posted in a conspicuous place readily discernible by the guests and patrons;

(3) shall prepare for service to guests and patrons hot meals at least once each day when it is open;

(4) if it advertises, shall devote a substantial portion of advertising to its food services.

Section 61-3-310. (A) This title does not apply to alcohol intended for use in the manufacture and sale of the following when they are unfit for beverage purposes:

(1) denatured alcohol produced and used pursuant to acts of Congress and related regulations;

(2) patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet preparations;

(3) flavoring extracts, syrups, and food products;

(4) scientific, chemical, mechanical, and industrial products.

(B) A person who knowingly sells the products enumerated in subsection (A) for beverage purposes is subject to the penalties in Section 61-3-830(B).

(C) This title does not apply to ethyl alcohol intended for use by hospitals, colleges, governmental agencies, and other permittees entitled to obtain the alcohol tax free, as provided by acts of Congress and related regulations.

Section 61-3-315. The commission may establish conditions or restrictions it considers necessary before issuing or renewing a license or permit.

Section 61-3-320. A misstatement or concealment of fact in an application for a license or permit is sufficient ground for its revocation.

Section 61-3-330. (A) When a license or permit is suspended or revoked, no partner or person with a financial interest in the business or premises nor a person within the third degree of kinship to the person to whom a license or permit has been issued may be issued a license or permit for the premises concerned.

(B) A person whose license or permit has been suspended or revoked is not eligible for a license or permit at another location while the suspension or revocation is in effect, and the commission may suspend or revoke other licenses or permits held by the person if the suspended or revoked premises is within close proximity.

Section 61-3-340. Regulated beverages owned by or in possession of a licensee or permittee for sale when his license or permit is suspended, revoked, or terminated in another manner, upon a permit issued by the commission and within the time and upon conditions the commission specifies, may be sold by the licensee or permittee to persons in this State licensed or permitted under this title. Upon a permit issued by the commission and within the time fixed in it, the regulated beverages may be sold to persons outside of South Carolina for resale outside the State. However, no deliveries or shipments may be made into a state the laws of which prohibit the consignee from receiving or selling the regulated beverages. The time fixed by the commission in the permit must not be less than sixty days.

Section 61-3-350. (A) No holder of a license or permit authorizing the sale of regulated beverages or a servant, agent, or employee of the licensee or permittee knowingly may do one or more of the following acts upon the licensed or permitted premises:

(1) sell regulated beverages to a person under twenty-one years of age;

(2) sell regulated beverages to a person while he is in an intoxicated condition;

(3) permit gambling or games of chance;

(4) permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;

(5) permit an act which creates a public nuisance or which constitutes a crime under the laws of this State;

(6) sell, offer for sale, or possess regulated beverages the sale or possession of which is prohibited on the licensed or permitted premises under the laws of this State;

(7) sell, offer for sale, deliver, or permit the removal of beer or wine between twelve Saturday night and seven a.m. Monday. However, an establishment licensed or permitted pursuant to this title for on-premises sale and consumption may sell the products during those hours in which the sale of alcoholic liquors in sealed containers of two ounces or less is lawful. Delivery or removal of beer or wine between these hours is prima facie evidence that a sale was made.

(B) A violation of subsection (A) is a ground for the revocation or suspension of the holder's license or permit, or both.

Section 61-3-360. The commission has jurisdiction of proceedings brought for the revocation or suspension of licenses or permits authorizing the sale of regulated beverages. On its own initiative or on complaint signed and sworn to by two or more residents for the preceding six months in the community in which the licensed or permitted premises are located or by a local law enforcement officer, all of whom are charged with reporting immediately to the commission a violation of this title, the commission may institute proceedings to revoke or suspend a license or permit after a hearing at which the licensee or permittee is given an opportunity to be heard.

Section 61-3-370. In considering an application for a permit for the sale of beer or wine at a location within five miles of a political subdivision of a foreign state in which the sale of beer or wine is prohibited, the commission, in addition to the factors now required to be considered, shall take into account the proximity of the location to the prohibited area, the likelihood large crowds will gather with attendant breaches of the peace, the requirement of increased law enforcement officers, and other factors which in its judgment rightfully must be considered before issuing the permit. However, these special considerations do not apply where the application is made with respect to a location within the corporate limits of a municipality.

Section 61-3-380. The commission may investigate violations of this title and furnish to the prosecuting attorney of a court having jurisdiction information with respect to violations. The commission may enforce compliance with the provisions of an injunction granted by the court under the terms of this title. If the court finds that there has been a violation of the provisions of an injunction granted by it, the commission may revoke or suspend a license, permit, or certificate.

Section 61-3-390. (A) Wholesale and retail alcoholic liquor licensees and permittees may not sell alcoholic liquors on credit.

(B) A holder of a license or permit to sell regulated beverages at retail must not be indebted to a wholesaler.

(C) A holder of a license or permit to sell regulated beverages at retail may not purchase regulated beverages from a wholesaler on credit by dishonored check, unpaid note, invoice, or other manner.

(D) Regulated beverages sold by wholesalers to the holders of retail licenses or permits may be sold only for cash paid before or at the time of delivery. Cash means money or a check or money order. A holder of a retail license or permit who issues a check in payment for regulated beverages with insufficient funds at the bank to cover it violates this section.

(E) The requirement for cash payment applies to cash deposits on empties when beer is delivered in returnable containers. This deposit must not be less than the charge from the brewery to the wholesaler and not less than sixty cents for each case of twenty-four twelve-ounce bottles or twelve one-quart bottles.

(F) A violation of this section is a ground for the immediate revocation or suspension of the wholesaler's or retailer's license or permit.

Section 61-3-400. Bank or other credit cards may be used for the purchase of alcoholic liquors from retailers if the issuing bank or other organization guarantees payment of the instrument representing a purchase through the credit card plan immediately upon presentation by the retailer. A card plan which has recourse upon the retailer must not be accepted for payment.

Section 61-3-410. It is unlawful for a person licensed to sell alcoholic liquors to refill a container of two ounces or less. A person who violates this section, upon conviction, must have his license revoked permanently.

Section 61-3-510. (A) A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere under Sections 61-3-640 through 61-3-1030, except Section 61-3-750, automatically suspends an alcoholic liquor license and beer and wine permit issued to the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere. However, as an alternative to the suspension of the license or permit, the commission may impose a monetary penalty.

(B) For a first offense, the license or permit must be suspended for one year, or the commission may impose a penalty of two hundred fifty dollars. For a subsequent offense, the offender's license or permit must be suspended for two years, or the commission may impose a penalty of five hundred dollars.

(C) If the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere does not possess a license or permit, for his first offense, he is not eligible for the issuance of a license or permit for one year. For a subsequent offense, he is not eligible for the issuance of a license or permit for two years.

Section 61-3-520. (A) For violations of this title, Chapter 21 or 33 of Title 12, or related regulations, the commission may impose a monetary penalty upon the holder of an alcoholic liquor license or beer and wine permit instead of suspension or revocation.

(B) In these cases the amount of penalty imposed, if any, must be determined within the following limits by the commission:

(1) For violations, retail beer and wine permittees are subject to a penalty of not less than twenty-five nor more than one thousand dollars.

(2) Wholesale beer and wine permittees and retail alcoholic liquor licensees are subject to a penalty of not less than one hundred nor more than one thousand five hundred dollars.

(3) Wholesale alcoholic liquor licensees are subject to a penalty of not less than five hundred nor more than five thousand dollars.

Section 61-3-530. The penalties provided in Sections 61-3-510 and 61-3-520 must be paid into the State Treasury for credit to the general fund of the State for public school use. These penalties are in addition to fines and penalties imposed upon the licensees or permittees by a court of competent jurisdiction.

Section 61-3-535. (A) The commission may suspend, revoke, or deny renewal of a license or permit if it is of the opinion that either the:

(1) licensee or permittee is not a suitable person to hold the license or permit;

(2) place of business occupied by the licensee or permittee is not a suitable place.

(B) The commission may suspend, revoke, or refuse to renew a license, permit, or certificate of registration upon finding that the applicant, licensee, permittee, or registrant:

(1) no longer meets the requirements of this title;

(2) since the issuance of the license, permit, or certificate has violated a regulation promulgated by the commission;

(3) since the issuance of the license, permit, or certificate has violated a provision of this title; or

(4) permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering.

Section 61-3-540. (A) The commission may impose a monetary penalty as an alternative to revocation or suspension where the commission may suspend or revoke a license or permit. The commission also may suspend payment of the monetary penalty.

(B) If the commission imposes a monetary penalty and it is not paid within ten days of demand by the commission, the license or permit may be suspended or revoked by the commission.

Section 61-3-550. A decision of the commission denying an application for, denying renewal of, or revoking or suspending a license or permit or imposing a monetary penalty instead of revocation or suspension may be appealed to the court of common pleas for the county where the licensed or permitted premises is located or for Richland County. A monetary penalty may be paid under protest. No appeal acts as a supersedeas. An appeal must be conducted in accordance with the Administrative Procedures Act.

Section 61-3-560. When a fine is imposed by the commission on a licensee or permittee for a violation and he fails to pay the fine and stops doing business on the premises where the violation occurred, the commission may not require a subsequent tenant of the premises to pay the fine as a condition to being issued a license or permit. This prohibition does not apply to a person who is related, by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee or permittee. The burden is on the new tenant to prove that this relationship does not exist between him and the licensee or permittee.

Section 61-3-570. The unlawful sale, barter, exchange, storage, and keeping in possession in this State of spirituous, malt, vinous, fermented, brewed, whether lager or rice beer, or other beverages or a compound or mixture of them which contains alcohol and is used as a beverage is declared a common nuisance.

Section 61-3-580. A person may go before a magistrate in the county and swear out an arrest warrant on personal knowledge or on information and belief charging a violation of Section 61-3-570 giving the names of witnesses against the keeper or manager of the place and his assistants, if any. The magistrate shall direct the arrest warrant either to the sheriff of the county or to a special constable commanding the defendant to be arrested and brought before him to be dealt with according to law. He also shall issue a search warrant in which the premises must be described particularly, commanding the sheriff or constable to search the premises thoroughly and to seize regulated beverages found, to seize vessels, bar fixtures, screens, bottles, glasses, and appurtenances apparently used or suitable for use in retailing regulated beverages, and to make a complete inventory and deposit it with the sheriff.

If no action to recover the regulated beverages seized is begun within thirty days after seizure or if an action is begun and the judgment of the court is adverse to the plaintiff, the regulated beverages must be destroyed publicly by the sheriff of the county.

Section 61-3-590. Under the arrest warrant provided in Section 61-3-580, the defendant must be arrested and brought before the magistrate and the case must be disposed of like other crimes. However, when the magistrate binds over the parties for trial to the next term of court of general sessions for the county, he shall issue the papers in the case in duplicate and file one with the clerk of court for the county and immediately transmit the other to the solicitor of the circuit.

Section 61-3-600. Upon receipt of the papers the solicitor immediately shall apply to a circuit judge at chambers within that circuit or to the nearest circuit judge if there is none in that circuit for an order or injunction restraining the defendants or their assistants or agents from keeping, receiving, bartering, selling, or giving away alcoholic liquors until the further order of the court. The circuit judge shall grant the restraining order or injunction without requiring a bond or undertaking upon the hearing or receipt by him of the papers from the magistrate by the solicitor. A violation of the restraining order or injunction is punishable as contempt of court.

Section 61-3-610. A person violating the terms of a restraining order provided in Section 61-3-600 is guilty of contempt and, upon conviction, must be fined not less than two hundred nor more than one thousand dollars and imprisoned not less than ninety days nor more than one year. In contempt proceedings the court summarily may try and punish the guilty party as required by law. The affidavits upon which the attachment for contempt issues make a prima facie case for the State. At the hearing upon the charge for contempt, evidence may be oral or in the form of affidavits, or both. The defendant must not be discharged necessarily upon his denial of the fact stated in the moving papers. The clerk of court, upon the application of either party, shall issue subpoenas for witnesses and, except as above set forth, the practice in the contempt proceedings must conform as nearly as possible to the practice in the court of common pleas.

Section 61-3-620. Regulated beverages seized and their containers must not be taken from the custody of the officers in possession of them by any form of civil process, except as provided in Section 61-3-580. No suit may lie for damages alleged to arise by seizure and detention of regulated beverages under this title.

Section 61-3-630. When a solicitor neglects or refuses to perform a duty or to take steps required of him by this article, the Attorney General, on his own motion or by request of the Governor, in person or by an assistant, shall proceed to the locality, perform the neglected duty, and take steps necessary in the place of the solicitor. At his discretion he may cause a prosecution to be instituted not only in the neglected matter but also against the solicitor for malfeasance or misfeasance in office, for official misconduct, or for other charges justified by facts and may pursue the prosecution to the extent of a conviction and dismissal from the office of the solicitor. Upon dismissal, the Attorney General may appoint one or more assistants to be paid from the litigation fund of the Attorney General. A duty in this section imposed upon a solicitor may be performed with equal force and effect by the Attorney General or other person authorized by him to perform the duty.

Section 61-3-640. It is unlawful for a person to manufacture, store, keep, accept, receive, possess, transport, ship, buy, sell, barter, exchange, or deliver regulated beverages, except those acquired and used in accordance with law.

Section 61-3-650. It is unlawful for a person to keep, store, possess, carry, ship, or transport in a vehicle, vessel, aircraft, or other chattel regulated beverages unlawfully acquired or manufactured or on which federal and South Carolina taxes have not been paid.

Section 61-3-660. It is unlawful for a person to transport alcoholic liquors, even though properly manufactured and taxed, in a motor vehicle used as a taxi or used in the transportation of passengers for hire. However, this prohibition does not apply to legal alcoholic liquors belonging to a passenger being transported when they are in the passenger's baggage or on his person. If alcoholic liquors are found in the vehicle, the vehicle must be seized and forfeited, as provided in this title and the alcoholic liquors must be seized as contraband and sold as provided in Section 61-3-1140.

Section 61-3-670. A person acting as an advance, a rear guard, or a pilot to a person transporting regulated beverages in violation of law is guilty of the offense of knowingly transporting regulated beverages for unlawful purposes and is punishable as provided for the offense. The motor vehicle, aircraft, railroad car, bicycle, motorcycle, or other vehicle or boat, launch, or other vessel used by the person in rendering aid may be confiscated in the same manner provided for the confiscation of a vehicle actually used in the carrying of regulated beverages.

Section 61-3-680. It is unlawful for a person to purchase or otherwise procure regulated beverages other than that purchased from licensed or permitted dealers within the State.

Section 61-3-690. It is unlawful for a person to store or possess alcoholic liquors in his place of business other than a licensed location. A place of business includes:

(1) where goods, wares, or merchandise is sold, offered for sale, or distributed or a place of amusement;

(2) residences and transportation vehicles when merchandise is sold from them;

(3) buildings including, but not limited to, warehouses and garages when adjacent to or used in connection with a place of business where goods, wares, or merchandise is sold, offered for sale, or distributed.

Section 61-3-700. (A) It is unlawful for a person to transfer or give regulated beverages to a person under twenty-one years of age for consumption within the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(B) This section does not apply to a spouse over twenty-one years of age giving regulated beverages to his spouse under that age in their home, to a parent or guardian over twenty-one years of age giving regulated beverages to his children or wards under that age in their home, or to a person giving regulated beverages to another person under twenty-one years of age in conjunction with a religious ceremony or purpose if the regulated beverage was purchased lawfully.

Section 61-3-710. (A) A person who knowingly sells regulated beverages to a person under twenty-one years of age is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned not less than thirty nor more than sixty days, or both, in the discretion of the court.

(B) Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.

Section 61-3-720. If a permittee or licensee or his servant, agent, or employee pleads guilty or nolo contendere to, is convicted of, or forfeits bond for a criminal offense which occurred on the licensed or permitted premises, the plea, conviction, or forfeiture is proof that the offense occurred, and the record is admissible in an administrative proceeding before the commission.

Section 61-3-730. It is unlawful for a person under twenty-one years of age to work as an employee or otherwise in a retail, wholesale, or manufacturing alcoholic liquor business or business establishment or for a person knowingly to employ a person under twenty-one years of age in the business or business establishment. This section does not apply to a location licensed for on-premises consumption.

Section 61-3-740. It is unlawful for a person to drink regulated beverages on the premises of a retail, wholesale, or manufacturing alcoholic liquor business or business establishment. This section does not apply to a location licensed for on-premises consumption.

Section 61-3-750. A person who drinks alcoholic liquors in a public conveyance in this State 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. This section does not apply to a railroad dining or club car or to an aircraft of a commercial airline transporting passengers for hire.

Section 61-3-760. It is unlawful for a person to sell alcoholic liquors from a vehicle, vessel, or aircraft.

Section 61-3-770. It is unlawful to sell alcoholic liquors on Sunday, on statewide election days, or during periods proclaimed by the Governor in the interest of law and order, public morals, or decorum. The Governor may proclaim these periods.

Section 61-3-780. It is unlawful for a person to advertise alcoholic liquors by billboards along public highways and streets. These advertisements must be destroyed by law enforcement officers immediately upon discovery.

Section 61-3-790. If a person unlawfully manufactures, transports, or sells alcoholic liquors or assists in the act and at that time carries on or about his person or has on or in a vehicle which he uses or possesses, actually or constructively, a firearm or similar weapon, he is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred nor more than fifteen hundred dollars or imprisoned for not less than one year nor more than three years.

Section 61-3-800. A person who, upon demand of a law enforcement officer or agent of the commission, refuses to allow full inspection of the premises or a part of it which is licensed or permitted to sell regulated beverages or refuses to allow full inspection of the stocks and invoices of the licensee or permittee or who 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 not more than sixty days, or both.

Section 61-3-810. Interference by a person with, obstruction or resistance of, or abusive language to a law enforcement officer or person in the discharge of his duties enjoined under this title or the use of abusive language by the law enforcement officer or person to another person is a misdemeanor. A person committing the offense, upon conviction, must be fined not less than one hundred nor more than five hundred dollars or imprisoned for not less than three nor more than twelve months.

Section 61-3-820. A person who dispossesses or rescues or attempts to dispossess or rescue from a law enforcement officer regulated beverages taken or detained pursuant to the enforcement of this title, upon conviction, must be fined not less than five hundred nor more than fifteen hundred dollars or imprisoned for not less than three nor more than twelve months, or both.

Section 61-3-830. (A) A person who violates Section 61-3-680, 61-3-730, or 61-3-740 is guilty of a misdemeanor and, upon conviction, must be punished for a:

(1) first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(2) second offense, by a fine of two hundred dollars or imprisonment for sixty days;

(3) third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days;

(B) A person who violates Section 61-3-690, 61-3-770, or 61-3-780 is guilty of a misdemeanor and, upon conviction, must be punished for a:

(1) first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(2) second offense, by a fine of one thousand dollars or imprisonment for twelve months;

(3) subsequent offense, by a fine of two thousand dollars or imprisonment for two years.

(C) A person who violates Sections 61-3-640 to 61-3-670, 61-3-840 to 61-3-870, or 61-3-760 is guilty of a misdemeanor and, upon conviction, must be punished for a:

(1) first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(2) second offense, by a fine of one thousand five hundred dollars or imprisonment for one year;

(3) subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-3-840. (A) It is unlawful for a person in this State to manufacture, sell, give away, or have in his possession a distillery, commonly called a still, an integral part of it, or an apparatus, an appliance, a device, or a substitute for it to be used to manufacture alcoholic liquors, in violation of the laws of this State.

(B) The unexplained possession of a part of a still or an apparatus, an appliance, a device, or a substitute for it, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of a violation of this section.

Section 61-3-850. It is unlawful for a person knowingly to permit or allow a person to have, possess, or locate on his premises an apparatus for the distilling or manufacturing of alcoholic liquors.

Section 61-3-860. It is unlawful for a person knowingly to make, manufacture, transport, possess, or permit upon his premises mash, wort, wash, buck, or other similar material or compound suitable for or commonly used in the manufacture of alcoholic liquors with the intent that the material or compound is to be used in the manufacture of alcoholic liquors. The making, manufacture, transportation, possession, or permitting upon premises the material or compound is declared to be a part of the process of the manufacture of alcoholic liquors. A person found in possession of the material or compound or found at a place where the material or compound is stored, kept, made, manufactured, or found is prima facie guilty of a violation of this section.

Section 61-3-870. A person found at a distillery or other place where alcoholic liquors are being manufactured in violation of the laws of this State is prima facie guilty of manufacturing alcoholic liquors or aiding and abetting in their manufacture and, upon conviction, must be punished as if personally manufacturing them.

Section 61-3-880. A conviction, a plea of guilty, a plea of nolo contendere, or forfeiture of bond for a violation after March 27, 1956, of the laws of this State or the United States relating to regulated beverages is a prior offense for the purpose of a prosecution or an imposition of sentence for a subsequent violation of this title, except Section 61-3-750.

Section 61-3-890. (A) Clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to keeping records of convictions, the entry of pleas of guilty or nolo contendere, or the forfeitures of bail posted for violations of this article, except Section 61-3-750, shall report the records to the commission within ten days after the conviction, entry, or forfeiture or after the receipt of the record. Reports must be made upon forms to be provided by the commission and arranged in duplicate. The commission shall acknowledge the filing of the report by signing the duplicate and returning it to the officer making the report. The duplicate must be kept by the officer as evidence of his compliance with these requirements.

(B) A person violating this section, upon conviction, must be fined twenty-five dollars for each failure. This fine must be collected by the Attorney General or the solicitors of the State, under his direction, and paid into the general funds of the State.

(C) The reports provided for in this section or certified copies of them must be received as evidence under the provisions of this title, except Section 61-3-750.

Section 61-3-900. The clerk of court of each county in the State, at the conclusion of the term of the court of general sessions, shall forward to the commission a certificate on forms prescribed and furnished by the commission showing the name of each person who is convicted, pleads guilty, enters a plea of nolo contendere, or forfeits bond for a violation of this article, except Section 61-3-750. The commission shall maintain a file of the violations and a copy of related records. This file is admissible in court as prima facie evidence of the facts recited in it. The commission, upon receipt of a record of conviction, plea of guilty, plea of nolo contendere, or forfeiture of bond for a violation of this article shall forward a certified copy of the record to the South Carolina Department of Highways and Public Transportation.

Section 61-3-910. When municipal officers are solely responsible for discovering a violation of this article or producing related witnesses or evidence, the fines collected must be divided equally between the county and the municipality. The municipality's portion must be paid upon a voucher issued by the governing body of the county after approval of a filed claim setting forth the case and the witnesses produced.

Section 61-3-920. The proceeds of fines, penalties, forfeitures, and sales arising out of the enforcement of Section 61-3-1430 or this article must be disposed of as follows, except as otherwise provided in this article:

(1) Where municipal officers solely are responsible for discovering the violation or producing the witnesses or the evidence, the fines and bond forfeitures must be retained by the municipality for municipal purposes if collected by municipal courts or law enforcement officers. In cases sent to higher courts from municipal courts and arising out of the activities of municipal officers, the county treasurer shall pay to the municipal treasurer one-half of the fines and bond forfeitures collected as the result of the proceedings in the higher court, upon vouchers issued by the governing body of the county, after approval of a claim filed by the municipality setting forth the facts of the case.

(2) Proceeds of the sale of a chattel for a violation, when the chattel originally was seized by a municipal authority, must be paid to the municipal authority after deducting the cost and expense of the sale.

Section 61-3-930. It is unlawful for a person to sell or offer for sale a beverage generally used as a soft drink rather than as a medicine or for cooking purposes having an alcoholic content when the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. The beverage is declared contraband and must be seized by an agent of the commission or by a law enforcement officer and must be disposed of as provided in Section 61-3-1140. A person who violates this section is guilty of a misdemeanor and, upon conviction, is punishable in the discretion of the court.

Section 61-3-940. A note or other evidence of indebtedness contracted in the sale or transportation of illicit regulated beverages is void. An action or suit for the recovery of the indebtedness is prohibited.

Section 61-3-950. A person detected violating this title may be arrested without warrant if a warrant is procured within a reasonable time.

Section 61-3-960. One official summons must be used by all commission agents when making arrests for offenses punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days. The form of the summons must be prescribed by the commission, and it is responsible for printing the forms.

Section 61-3-970. When a person is charged by an agent of the commission with a criminal offense punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, the person charged, upon being served with the official summons issued by the agent, shall appear before the proper judicial officer at the time and place stated in the summons. The service of the summons vests the court with jurisdiction to hear and dispose of the charge for which the summons was issued.

Section 61-3-980. Upon affidavit, which may be on information and belief, to the effect that contraband regulated beverages are concealed, kept, or stored unlawfully in a place, a search warrant may be issued by a magistrate of the county empowering a law enforcement officer or person who may be deputized to enter the place by day or night and search the premises to seize the regulated beverages. They must be disposed of as provided in Section 61-3-1140.

Section 61-3-990. When a search warrant issues pursuant to this title upon an affidavit based on information and belief, the affidavit must contain a statement setting forth the sources of information and the facts and grounds of belief upon which the affiant bases his belief.

Section 61-3-1000. No person who holds a permanent license or permanent permit to sell regulated beverages for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Regulated beverages may be sold at a price less than the price regularly charged only from four p.m. until eight p.m. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a permanent license or permit has been issued, or to a customer attending a function sponsored by the person who holds a permanent license or permit. However, not more than two functions may be sponsored each year, which must be authorized by the commission. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 61-3-1190.

Section 61-3-1010. A constable, deputy constable, or magistrate who neglects or refuses to perform the duties required by this title is subject to suspension by the Governor.

Section 61-3-1020. (A) A person engaged in the business of selling regulated beverages at retail shall post in every location for which he has obtained a license or permit a sign with the following words printed on it: `The possession of beer, wine, or alcoholic liquor, by a person under twenty-one years of age, is a criminal offense under the laws of this State, and it is unlawful also for a person knowingly to give false information concerning his age for the purpose of purchasing beer, wine, or alcoholic liquor.' The lettering on the sign may be no smaller than one-half inch. The sign must be posted in a conspicuous place behind the bar if the license or permit is for on-premises consumption or at the check-out area if the license or permit is for off-premises consumption.

(B) Failure to post in a proper manner the sign required by this section is a violation against the license or permit.

(C) A retail seller of regulated beverages who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-3-1030. (A) It is unlawful for a person under twenty-one years of age to purchase or knowingly have in his possession a regulated beverage. Possession is prima facie evidence that it was possessed knowingly. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not more than thirty days.

(B) This section does not apply to an employee lawfully engaged in the sale or delivery of beer or wine in an unopened container.

(C) A person eighteen years of age and over lawfully employed to serve or remove regulated beverages in establishments licensed and permitted to sell the beverages is not considered to be in unlawful possession of the beverages during the course and scope of his duties as an employee.

(D) No person may serve or deliver to a purchaser alcoholic liquors in sealed containers in a business where the sales are authorized unless the person is at least eighteen years of age.

(E) Bartenders must be at least twenty-one years of age.

Section 61-3-1040. A violation of this title or Chapter 33 of Title 12 by a licensee or his agents or servants, constitutes a breach of the condition of the bond filed or the deposit made by him under this title. Forfeiture of the bond or deposit is in addition to other penalties or punishment provided.

Section 61-3-1050. If the commission finds that the condition of a bond filed or deposit made by a licensee under this title has been broken, the commission shall bring an action in its name in the county in which the business of the licensee is or was located and operated to recover the amount of the bond. The action is against the licensee and his surety if the licensee filed a bond and is against the licensee only if he deposited cash or securities.

Section 61-3-1060. Cash deposited by a licensee must be applied by the State Treasurer in payment of a judgment recovered against him. If securities were deposited by a licensee, the State Treasurer, after fifteen days' advertisement, shall sell them at public auction and apply the proceeds to the payment of the judgment paying over to the licensee the remaining amount.

Section 61-3-1070. The amounts received by the commission or by the State Treasurer from the collection and payment of judgments recovered under Section 61-3-1060 must be turned in to the State Treasury to be disposed of in the manner provided in Chapter 33 of Title 12 for the disposition of taxes collected under that chapter.

Section 61-3-1080. Regulated beverages found in the possession, custody, or control of a person, corporation, or organization which are handled, stored, kept, possessed, transported, used, or distributed in violation of this title or with the design of avoiding payment of taxes in Chapter 33 of Title 12 are contraband and must be seized by an agent of the commission or by a law enforcement officer and must be disposed of as provided in Section 61-3-1140.

Section 61-3-1090. (A) A person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this title is guilty of a misdemeanor. Where no specific punishment is provided by statute, the person, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.

(B) A person licensed to sell at retail alcoholic liquors in sealed containers of two ounces or less who has in his possession on his licensed premises alcoholic liquors in sealed containers of a different size, who displays sealed containers when the seals are broken, or who violates another provision of this chapter for a:

(1) first offense must be fined not less than two hundred nor more than five hundred dollars or have his license suspended for more than thirty days, or both;

(2) second offense within three years of the first offense must be fined not less than two hundred nor more than five hundred dollars or have his license suspended not more than one hundred eighty days, or both;

(3) third offense within three years of the first offense must be fined not less than five hundred dollars and have his license revoked permanently;

(4) violation involving the avoidance of taxes, must be fined not less than one thousand dollars and have his license revoked permanently.

Section 61-3-1100. A person convicted of violating this title, when punishment is not provided for and not addressed in Section 61-3-1090 or another statute, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.

Section 61-3-1110. A person, corporation, or organization who has possession, custody or control of alcoholic liquors handled, stored, kept, possessed, transported, used, or distributed in violation of this title or to avoid payment of taxes shall pay a penalty of twenty dollars for each container to be assessed by the South Carolina Tax Commission as other taxes are collected. The Tax Commission, upon good cause shown, may remit the penalties provided in this section, in whole or in part.

Section 61-3-1120. The South Carolina Department of Highways and Public Transportation, upon notice that a person has been convicted, pleaded guilty, forfeited bond, or entered a plea of nolo contendere for a violation of this article prohibiting the transportation of alcoholic liquors, shall suspend his driver's license for six months for a first offense, one year for the second offense, and two years for a subsequent offense. During the suspension, the person may not have a vehicle registered in his name under the laws of this State.

Section 61-3-1130. If alcoholic liquors are sold from a vehicle, vessel, aircraft, or other chattel or if they are possessed, carried, shipped, stored in, kept in, or transported in the vehicle, vessel, or aircraft in violation of law, the alcoholic liquors are contraband and must be seized and disposed of as provided in Section 61-3-1140. The vehicle, vessel, aircraft, or other chattel must be seized by a law enforcement officer and delivered to the sheriff of the county where the seizure is made, if seizure is not made by the sheriff, who shall forfeit and sell the chattel as provided in Sections 61-3-1180 to 61-3-1300.

Section 61-3-1140. (A) Regulated beverages seized by the commission or its agents must be sold by the commission at public auction to the highest bidder after advertisement. The proceeds of the sale must be turned over to the State Treasurer after paying the cost of confiscation and sale.

(B) Regulated beverages seized by a law enforcement officer, except the commission or its agents, must be delivered to the sheriff of the county in which the seizure is made. The proceeds of the sale, after payment of the cost of confiscation and sale, must be turned over immediately to the treasurer of the county in which the seizure was made.

(C) When municipal officers make the seizure, the chief of police shall take possession of the regulated beverages and the proceeds of the sale, after paying the cost of confiscation and sale, must be turned over to the treasurer of the municipality in which the seizure was made.

(D) No sale of regulated beverages seized and sold in accordance with this section may be made to a person other than a licensed or permitted manufacturer, wholesaler, or retail dealer.

Section 61-3-1150. No regulated beverages except those manufactured by a licensed or permitted manufacturer, within or without the State, or regulated beverages of unquestioned purity and content may be sold at public auction. Other regulated beverages which may be confiscated must be destroyed by the proper officers.

Section 61-3-1160. No regulated beverages sold pursuant to Section 61-3-1140 or 61-3-1150 may be delivered within five days after their sale, during which time the commission may reject a bid and order the regulated beverages resold until there is a satisfactory bid. However, if confiscated regulated beverages are offered for sale, after advertisement on two different dates, and no bids are made on them, they must be destroyed by the appropriate officers.

Section 61-3-1170. A vehicle, vessel, aircraft, or other chattel found at a site where alcoholic liquors are being or recently have been manufactured in violation of the law and which contains sugar, meal, yeast, or other materials used in the manufacture of alcoholic liquors or containers used to haul alcoholic liquors must be confiscated and sold as provided by this chapter.

Section 61-3-1180. The sheriffs of this State shall store and keep safely chattels delivered to them under this chapter but may not incur unnecessary expenses in connection with the storage of chattels seized and delivered to them.

Section 61-3-1190. (A) If a chattel seized under this chapter is a vehicle registered with the South Carolina Department of Highways and Public Transportation, the sheriff shall ascertain from the department the name and address of the registered owner of the vehicle and shall notify him by registered mail of the seizure.

(B) If the chattel is a vehicle registered in another state, the sheriff shall request the department to ascertain the name and address of the registered owner of the vehicle and notify him as provided in this section.

Section 61-3-1200. Upon notice from the South Carolina Department of Highways and Public Transportation pursuant to Section 61-3-1190 that the name of the registered owner cannot be ascertained, the sheriff shall give notice of the seizure by advertisement at least once a week for three weeks in a newspaper of general circulation in the county. The advertisement shall allege the seizure, describe the chattel, and set forth in general terms the grounds of forfeiture of the seized property and the date upon which sale of it is to be made. The date must be not less than sixty days after seizure.

Section 61-3-1210. If no person claiming an interest in a seized chattel appears before the date set for the sale of the chattel and gives notice to the sheriff as required in Section 61-3-1230, the chattel must be sold at public auction to the highest bidder.

Section 61-3-1220. When a chattel has been seized by municipal officers, the proceeds of a sale under Section 61-3-1210, less the necessary expenses of advertising and storage, must be paid to the municipality for its use. Otherwise, the proceeds must be paid to the county treasurer of the county where the chattel was seized.

Section 61-3-1230. Before the sale of a chattel under Section 61-3-1210, the owner of, a person indebted or liable for the purchase price of, or a person having a lien on the chattel may bring an action to recover possession of the chattel or to recover the value of his interest from the proceeds of the sale. The sheriff must be made a party defendant in the action. The solicitor of the circuit in which the seizure occurred shall defend the action.

Section 61-3-1240. Upon service of the sheriff of a proceeding under Section 61-3-1230, he shall stay the sale, retain the chattel, and await the order of the court. He must have the chattel appraised as appraisals are provided in attachment cases under Section 15-19-270 and shall transmit the appraisal to the court, keeping a copy in his office.

Section 61-3-1250. If the owner or other person claiming an interest in a seized chattel shall desire to obtain immediate possession, the court may order delivery to the claimant upon execution by him of a bond payable to the sheriff having possession of the seized property in an amount equal to its appraised value with security to be approved by the clerk of court. The bond must be conditioned to return the chattel at the proceeding or when the court may order and to pay the difference between the appraised value of the chattel when released on bond and the appraised value when returned. It must be conditioned further to provide that, if the chattel is not returned as ordered, the bond stands in lieu of and is forfeited in the same manner as the chattel. The court may refuse to order delivery of possession.

Section 61-3-1260. In a proceeding brought to recover possession of a seized chattel or to recover the value of an interest in it, no claim is allowed unless the claimant proves:

(1) that he has an interest in the chattel as owner or otherwise which he acquired in good faith;

(2) that he did not have knowledge or reason to believe that it was being or would be used in violation of the laws of this State relating to regulated beverages;

(3) if it appears that the interest asserted by the claimant was acquired after March 28, 1956, and arises out of or is subject to a contract or an agreement under which a person having a record or reputation for violating laws of the United States or of this State relating to regulated beverages has a right with respect to the chattel, that, before the claimant acquired his interest or the other person acquired his right under the contract or agreement, whichever occurred later, the claimant, his officer, or agent was informed, in answer to his inquiry at the headquarters of the sheriff and police chief of the locality in which the other person acquired his right under the contract or agreement and of the locality in which the other person then resided, that the other person had no record or reputation as provided in this section.

Section 61-3-1270. If the claimant is the owner of the chattel in a proceeding under Section 61-3-1230 and he prevails, the court shall relieve the chattel from forfeiture and restore it to the owner.

Section 61-3-1280. (A) If the claimant in a proceeding under Section 61-3-1230 is a lienor whose claim is allowed and whose interest is first in order of priority among claims and is of an amount equal to or in excess of the appraised value of the chattel, the court shall relieve the chattel from forfeiture and order its return to him. If the claim is less than the appraised value of the chattel, the claimant may have the chattel delivered to him upon payment of the difference.

(B) If the claims of two or more lienors are allowed whose interests are not subject to prior or intervening interests claimed and allowed in the proceedings and are of a total amount equal to or in excess of the appraised value of the chattel, at the request of the claimants, the court shall order its return to the joint requesting claimants designated in the request. If the total amount of the claim is less than the appraised value of the chattel, the claimants may have the chattel delivered to those designated in the request, upon payment of the difference.

Section 61-3-1290. (A) If delivery is not demanded by the claimant in a proceeding under Section 61-3-1230, the court shall order the sale of the chattel by the sheriff. The proceeds of the sale must be paid in the following order of priority:

(1) claims allowed in order of their priority as determined by the court;

(2) costs;

(3) residue to the municipality or to the county treasurer as set forth in Section 61-3-1220.

(B) If no claim is proven and established as provided in this chapter, the court shall order the sale of the chattel by the sheriff, and the proceeds after payment of costs must be paid as set forth in this chapter.

Section 61-3-1300. A person purchasing a chattel at a sale made by the sheriff under the provisions of this chapter acquires complete title to the chattel free and clear of prior claims, liens, or encumbrances.

Section 61-3-1310. For the purpose of confiscating regulated beverages referred to in this title, Sections 12-21-2900 to 12-21-2950 must be followed as nearly as practicable.

Section 61-3-1320. (A) Upon seizure by or delivery to a sheriff of a chattel seized under the provisions of this chapter, he shall report the seizure to the commission setting forth a description of the chattel, the name of the owner, if known, the grounds upon which the chattel is seized, by whom it is seized, and its appraised value if an appraisal has been made.

(B) After the chattel has been sold or disposed of in accordance with the provisions of this chapter, the sheriff shall make a report to the commission setting forth the amount of the sale, the purchaser, the disposition of the proceeds, or whatever disposition has been made of the chattel by the sheriff pursuant to an order of court.

(C) The commission shall establish a system for the filing and recording of the reports.

Section 61-3-1330. The importation into or offering for sale or sale in this State of a product as `wine' to which a substance has been added, except as permitted by federal law and regulations and except pure fruit or vegetable products derived from the same kind of fruit or vegetable from the juice of which the wine was fermented, is prohibited and declared to be a misdemeanor.

Section 61-3-1340. The offering for sale or sale in this State of undesirable wine packages is prohibited and declared to be a misdemeanor.

Section 61-3-1350. It is unlawful for a person to sell beer or wine on which the tax levied is not paid. A person having charge of the sale of beer or wine who sells or permits it to be sold in violation of this section is guilty of a misdemeanor and, upon conviction, must be fined for each offense not less than twenty-five nor more than one hundred dollars or imprisoned for not less than ten nor more than thirty days in the discretion of the court.

Section 61-3-1360. (A) It is unlawful for a person to sell beer or wine to a person under twenty-one years of age. A person making an unlawful sale, upon conviction, must be fined not less than one hundred nor more than two hundred dollars or imprisoned for not less than thirty nor more than sixty days, or both, in the discretion of the court.

(B) Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.

Section 61-3-1370. It is unlawful for a person to whom beer or wine cannot be sold lawfully knowingly to give false information concerning his age to purchase beer or wine.

Section 61-3-1380. It is unlawful for a person to purchase beer or wine while on permitted premises and to give beer or wine to a person to whom beer or wine lawfully cannot be sold for consumption on the premises.

Section 61-3-1390. A person violating Section 61-3-1370 or 61-3-1380, upon conviction, must be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days.

Section 61-3-1400. (A) If a person is charged with a violation of Section 61-3-1360, the unlawful sale of beer or wine to a person under twenty-one years of age, the underage person also must be charged with a violation of Section 61-3-1040, the unlawful purchase or possession of beer or wine. If the underage person violated Section 61-3-1370, false information as to age, or if an adult violated Section 61-3-1380, unlawful purchase of beer or wine for a person who cannot buy lawfully, these persons also must be charged with the violations.

(B) Unless the provisions of this section are followed, no person charged with a violation of Section 61-3-1360 may be convicted of the offense.

(C) Nothing contained in this section requires that charges, once made pursuant to this section, must be prosecuted to conclusion. This determination must be made in the manner provided by law.

Section 61-3-1410. It is unlawful for a person to have in his possession beer or wine in an open container in a moving vehicle, licensed to travel in this State or another state, that may travel upon the public highways of this State, except in the trunk or luggage compartment. This section does not prohibit transporting beer or wine in a closed container. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-3-1420. It is unlawful for a person to sell, offer for sale, or deliver beer or wine in this State between twelve Saturday night and seven a.m. Monday. However, an establishment licensed pursuant to this title for on-premises sale and consumption of alcoholic liquors may sell beer and wine during those hours in which the sale of alcoholic liquors in sealed containers of two ounces or less is lawful. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days. The right of a person to sell beer or wine under a permit issued by the commission must be forfeited and the permit revoked upon his conviction of violating this section. Municipal ordinances in conflict with this section are unenforceable.

Section 61-3-1430. If beer or wine is sold, offered for sale, or delivered to a person from a place of business between twelve Saturday night and seven a.m. Monday, beer and wine found within the place is declared contraband and must be seized by a commission agent or by a law enforcement officer and disposed of as provided in Section 61-3-1140. However, the person owning or claiming the beer or wine may retain possession of it by delivering to the law enforcement officer a cash bond in an amount equal to the cost price of the beer or wine. The cost price must not be less than the average price charged for a like quantity of beer or wine by a permitted wholesaler. The law enforcement officer receiving the bond shall deliver a written receipt to the person posting the bond. If the law enforcement officer is a representative of the commission, the cash bond must be deposited in the State Treasury. If the law enforcement officer is a representative of a municipality, the cash bond must be deposited in the treasury of the municipality. In all other cases, the cash bond must be deposited in the treasury of the county in which the beer or wine was located when declared contraband. If the commission or court determines that the person charged with the violation which required the posting of a bond was not guilty of the offense charged, the bond must be returned to the person posting the bond. If the person charged is found guilty, the bond is forfeited to the State, county, or municipality.

Section 61-3-1440. A person who drinks or possesses beer or wine in an open container between twelve Saturday night and seven a.m. Monday at a place permitted to sell beer or wine, other than an establishment licensed under this title for on-premises sale and consumption of alcoholic liquors pursuant to Section 61-3-1420, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-3-1450. It is unlawful to sell or offer for sale beer or wine in Edgefield County between eleven p.m. Saturday and seven a.m. Monday. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-3-1460. Upon the revocation, cancellation, or suspension of a license or permit to sell regulated beverages at wholesale or retail, the licensee or permittee immediately shall surrender the license or permit to the commission.

Section 61-3-1470. It is unlawful for the holder of a license or permit to sell, offer to sell, or deliver regulated beverages after the license or permit is revoked or canceled or during suspension of the license or permit.

Section 61-3-1480. It is unlawful for a person to sell, offer to sell, or deliver regulated beverages unless he has a current license or permit for the premises at which the sale, offer, or delivery is made.

Section 61-3-1490. (A) A person violating Sections 61-3-1460 through 61-3-1480 is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both, in the discretion of the court.

(B) Each day that Section 61-3-1470 or 61-3-1480 is violated constitutes a separate offense.

Section 61-3-1500. Regulated beverages found on the premises of a person violating Section 61-3-1470 or 61-3-1480 are declared contraband and must be seized by an agent of the commission or by a law enforcement officer and must be disposed of as provided in Section 61-3-1140.

Section 61-3-1510. A person who violates Section 61-3-1330, 61-3-1340, 61-7-520, 61-7-1120, 61-7-1130, or 61-7-1140, or related regulations, upon conviction, must be fined not less than one hundred nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. His permit to sell wine also is forfeited, and he may not engage in a business taxable under the provisions of this chapter for two years.

Section 61-3-1520. A person operating a brewery or winery without having secured a permit from the commission or after his permit has been canceled by the commission is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five thousand dollars or imprisoned for not more than one year, or both.

Section 61-3-1530. Regulated beverages shipped or moved into this State in violation of this title are declared contraband and must be seized and disposed of as provided in Section 61-3-1140.

Section 61-5-10. No more than three retail alcoholic liquor store licenses each may be issued for the use of a corporation, association, partnership, or limited partnership. A corporation having the use of a retail alcoholic liquor license that is owned by another corporation holds the retail alcoholic liquor license for the use of the owning corporation.

Section 61-5-20. No person or his relative by blood or marriage within the second degree, directly or indirectly, individually, as a member of a partnership or an association, or as a member or stockholder of a corporation may have an interest in a retail alcoholic liquor store licensed under this chapter except the three stores covered by his retail dealer's licenses provided in Section 61-5-10. This section does not apply to these interests in retail alcoholic liquor stores which existed July 1, 1978.

Section 61-5-30. A sale and consumption licensee must not be licensed as a retail alcoholic liquor dealer on the same premises.

Section 61-5-40. The South Carolina Alcoholic Beverage Control Commission, after investigation, may license retail alcoholic liquor dealers in unincorporated towns and county communities when it is in the interest of the town or community to have a licensed retailer in it. The commission may not license a retail dealer in a locality unless the commission is assured that the locality is under proper law enforcement protection.

Section 61-5-50. The commission may limit the further issuance of retail alcoholic liquor licenses in a political subdivision if the citizens desiring to purchase alcoholic liquors are served adequately by the number of retail alcoholic liquor dealers in the subdivision or for other reasons.

Section 61-5-60. (A) No retail alcoholic liquor dealer may:

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

(2) own or keep in his possession alcoholic liquors in quantities less than two hundred milliliters;

(3) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors or wine:

(a) between seven p.m. and nine a.m.;

(b) for consumption on the premises;

(c) to a person under twenty-one years of age;

(d) to an intoxicated person; or

(e) to an insane person;

(4) permit the drinking of regulated beverages at the licensed location;

(5) permit at the licensed location regulated beverages with seals broken.

(B) No retail alcoholic liquor dealer may install a light in or on his licensed place of business that revolves, flashes, is of more than one color, or would give the impression of motion or animation. He also may not install a light specifically advertising a display or merchandise in the business.

(C) No retail alcoholic liquor dealer may advertise or allow the advertising of merchandise, a product, or a campaign on the licensed premises not directly related to the marketing of alcoholic liquors.

(D) During restricted hours a retail alcoholic liquor dealer may receive, stock, and inventory merchandise, provide for maintenance and repairs, and perform related functions which may be required that do not involve the sale of regulated beverages.

(E) The provisions of subsection (A) limiting the size of alcoholic liquor containers does not apply to sales to persons licensed to sell alcoholic liquor for on-premises consumption. It is unlawful to sell sealed containers of two ounces or less except during legal hours of operation.

(F) No other goods, wares, or merchandise may be kept, stored, or sold in a retail alcoholic liquor store except as provided in subsection (G) or in Section 61-5-70.

(G) Retail alcoholic liquor dealers may keep, store, and sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the alcoholic liquor wholesaler or producer in packaging provided by the producer. Retail dealers also may keep, store, and sell nonalcoholic beverages, other than beer, packaged and sealed together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are packaged and sealed together by the alcoholic liquor producer.

(H) No place of amusement may be maintained in or in connection with a retail alcoholic liquor store.

Section 61-5-70. (A) Retail alcoholic liquor dealers licensed under the provisions of this chapter may sell wines in the stores or places of business covered by their respective licenses, whether declared alcoholic, nonalcoholic, or nonintoxicating by the laws of this State.

(B) Wines containing more than fourteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in sealed containers of two ounces or less.

(C) This section does not amend, alter, or modify the taxes imposed on wines or the collection and enforcement of them.

Section 61-5-80. A retail alcoholic liquor dealer shall keep a record of sales of alcoholic liquors sold in sealed containers of two ounces or less. The record must include the name of the purchaser and the date and quantity of the sale. The reports of sales must be filed with the commission within ten days of the end of each quarter.

Section 61-5-90. (A) A retail alcoholic liquor dealer shall maintain a separate store or place of business with only one means of public ingress or egress from the front. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit. The additional door must remain closed and secured at all times except when used for those purposes. The place of business may have storage areas with openings no smaller than thirty-six inches adjoining the selling area and may have two toilet facilities for the use of authorized persons only.

(B) Red dots not exceeding thirty-six inches in diameter may be placed on the front, the rear, and each side of the building. A metal sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The near edge of the sign may not exceed thirty-six inches from the store front. The words `ABC Package Store' and the licensee's name and license number must appear on the sign. Letters must be white with a red background and no more than six inches high and no more than four inches wide.

Section 61-5-100. (A) A retail alcoholic liquor dealer shall display all retail prices on the shelf under each brand and bottle size.

(B) No bottles of alcoholic liquors or packages containing alcoholic liquors may be displayed in the front or windows of a retail alcoholic liquor store.

(C) Shelving attached or next to a wall facing the interior of a retail alcoholic liquor store may not extend closer than one foot to a window. Other displays of merchandise or material must be at least three feet from a window.

(D) The lettering on prices displayed in a retail alcoholic liquor store may not exceed one inch in height.

Section 61-5-110. The restrictive provisions of this chapter relating to retail alcoholic liquor dealers do not apply to sales of alcoholic liquors by railroad or airline companies to passengers on interstate trains or aircraft for consumption on them.

Section 61-5-120. (A) A retail alcoholic liquor dealer must have posted in his place of business a sign with the following words printed on it: `A person may transport alcoholic liquors to and from a place where alcoholic liquors may be possessed or consumed lawfully. However, if the cap or seal on the container has been opened or broken, it is unlawful to transport the alcoholic liquors in a motor vehicle, except in the luggage compartment or cargo area.' The lettering on the sign may be no smaller than one-half inch. The sign must be posted in a conspicuous place at the check-out area.

(B) Failure to post in a proper manner the sign required by this section constitutes a violation against the license.

(C) A retail alcoholic liquor dealer who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-5-130. Alcoholic liquors must not be transferred from one retail alcoholic liquor location to another without special permission of the commission. However, if a person holds more than one retail alcoholic liquor license, alcoholic liquors may be transferred from one of his licensed locations to another without prior permission subject to the following conditions:

(1) The transfer is made by common carrier, a licensed wholesaler's truck, or a truck or station wagon owned and operated by the licensee;

(2) The transfer is documented properly in the form of an invoice in triplicate showing the:

(a) number of the store license from and to which transfer is to be made;

(b) brand, size, and quantity to be transferred;

(c) date the transfer is to be made.

(3) When the vehicle in which the transfer is to be made is owned and operated by the licensee, the following additional requirements apply:

(a) The vehicle must have been registered and acknowledged with the commission by license number, make, model, color, and serial number. The invoice must show in addition to the requirements in this subsection the exact route to be covered by the vehicle in making the transfer. The most direct route must be selected.

(b) A copy of the invoice, before transfer, must be mailed to the commission. A copy of the invoice must be in the possession of the driver until delivery is complete and retained by the store to which transfer is made. A third copy of the invoice must be retained by the store from which the transfer is made.

Section 61-5-140. Alcoholic liquors in sealed containers of two ounces or less as authorized to be sold in this title may be purchased only by a licensed person in case lots and only from licensed alcoholic liquor retailers. As used in this section a person licensed under this title includes his designated agent as a purchaser. No person, partnership, association, or corporation may act as a designated agent for the purchase of alcoholic liquors in sealed containers of two ounces or less from licensed alcoholic liquor retailers for more than one person, business, or nonprofit organization holding sale and consumption licenses.

Section 61-5-150. A retailer who sells alcoholic liquors in sealed containers of two ounces or less to other than a person licensed under this title is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and is subject to suspension or revocation of his retail alcoholic liquor license at the discretion of the commission.

Section 61-5-310. The commission shall revoke the license of an alcoholic liquor wholesaler whenever proof is obtained that he has an interest, directly or indirectly, in a retail alcoholic liquor store.

Section 61-5-320. No alcoholic liquor wholesaler may:

(1) sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail alcoholic liquor dealer's license granted under this title;

(2) permit the drinking of alcoholic liquors on his premises;

(3) condition the sale of alcoholic liquors to a retail alcoholic liquor dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer; or

(4) sell alcoholic liquors between seven p.m. and seven a.m.

Section 61-5-330. No alcoholic liquor wholesaler or his relative by blood or marriage within the third degree, directly or indirectly, individually, as a member of a partnership or an association, or as a member or stockholder of a corporation may have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his alcoholic liquor wholesaler's license.

Section 61-5-340. For the purpose of conducting his business under his license, an alcoholic liquor wholesaler shall maintain a separate store or warehouse. No other goods, wares, or merchandise except nonalcoholic beverages may be kept or stored in it. No place of amusement may be maintained in or in connection with the store or warehouse.

Section 61-5-350. (A) An alcoholic liquor wholesaler, upon receipt of a shipment of alcoholic liquors for sale within this State, within twenty-four hours of the receipt of the shipment and before it is offered for sale, shall furnish to the commission true invoices of the alcoholic liquors received.

(B) An alcoholic liquor wholesaler shall furnish to the commission duplicate copies of invoices for the sale of alcoholic liquors within twenty-four hours after they have been removed from his place of business.

Section 61-5-360. An alcoholic liquor wholesaler shall file with the commission monthly, before the second day of each month, a statement showing the stock of alcoholic liquors received by him during the preceding thirty days and additional reports the commission may require.

Section 61-5-370. It is unlawful for an alcoholic liquor wholesaler to order, purchase, or receive alcoholic liquors from a producer who is not the primary American source of supply for the brand ordered, purchased, or received.

Section 61-5-510. No alcoholic liquor manufacturer may:

(1) own or operate more than one plant, establishment, or place of business for the manufacture of alcoholic liquors in a county of this State;

(2) permit the drinking of alcoholic liquors on his premises.

Section 61-5-710. (A) No person other than a registered alcoholic liquor producer may ship or move, or cause to be shipped or moved, alcoholic liquors from a point outside this State to a point within this State. An alcoholic liquor producer may act only in accordance with this title.

(B) No brand of alcoholic liquor may be registered by a producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand.

Section 61-5-720. No alcoholic liquors may be shipped or moved into this State until each brand is registered with the commission in accordance with this title and related regulations.

Section 61-5-730. (A) An alcoholic liquor producer shall apply to the commission on forms the commission prescribes for a certificate of registration. The certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within this State.

(B) At the same time application is made for a certificate of registration, a producer shall remit to the commission a fee of one hundred dollars. Where a certificate is applied for after the last day of February, the fee is fifty dollars.

(C) A certificate of registration is valid from the date of issue until August thirty-first of each year.

Section 61-5-740. (A) A registered alcoholic liquor producer, before the shipment of alcoholic liquors to a point within this State, shall obtain from the commission a certificate of registration for each brand of alcoholic liquors intended to be shipped. The commission shall provide appropriate forms for application for a certificate of registration of brands of alcoholic liquors.

(B) At the same time an application for a certificate of registration of brands of alcoholic liquors is submitted, a fee of ten dollars must be paid to the commission for each brand except the first five brands of a registered producer.

(C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to August thirty-first of each year.

Section 61-5-750. (A) No person is qualified as an alcoholic liquor producer representative until he has made application to the commission for a certificate of registration, and the certificate is approved and issued. The commission shall provide appropriate forms for application for a certificate of registration as a producer representative.

(B) At the same time the application for a certificate of registration as a producer representative is submitted, a fee of twenty-five dollars must be paid to the commission.

Section 61-5-760. No person having a direct or indirect interest in a wholesale or retail alcoholic liquor business in South Carolina may qualify as an alcoholic liquor producer representative.

Section 61-5-770. (A) A registered alcoholic liquor producer may store alcoholic liquors only in a warehouse of a registered producer licensed by the commission. Application for a license to operate a warehouse must be filed on forms prescribed by the commission.

(B) At the same time application for a warehouse license is submitted, a fee of two hundred dollars must be paid to the commission. Where application is made for a warehouse license after the last day of February, the fee is one hundred dollars. A warehouse license is valid from the date of issue until August thirty-first of each year.

(C) The commission shall require sufficient bond with respect to a licensed warehouse to ensure proper handling of alcoholic liquors stored in the warehouse.

Section 61-5-780. (A) Alcoholic liquors must be shipped or moved from a point without this State to a point within this State by railroad companies, steamship companies, express companies, or truck companies authorized to do business in this State as common carriers by the South Carolina Public Service Commission, by wholesalers licensed by the Alcoholic Beverage Control Commission, or by alcoholic liquor producers registered by the Alcoholic Beverage Control Commission in their own trucks.

(B) The alcoholic liquors may be shipped or moved only to the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment.

(C) The shipment of alcoholic liquors must be stored in a licensed warehouse of the registered producer or, after delivery to the producer's representative is complete, shipped by common carriers, by licensed alcoholic liquor wholesalers, or by registered producers in their own trucks to a licensed alcoholic liquor wholesaler. Shipments of alcoholic liquors from a registered producer's warehouse to a licensed alcoholic liquor wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer's representative is complete, they may be shipped to a licensed alcoholic liquor wholesaler or to a point without this State.

(D) Before shipment or transfer, the producer's representative shall apply to the Alcoholic Beverage Control Commission on forms prescribed by it for permission to ship or transfer the alcoholic liquors, and he must have received a certificate of approval of the shipment or transfer.

Section 61-5-790. (A) Before shipment into this State, the registered alcoholic liquor producer shall mail to the commission by first-class mail a correct and complete invoice, showing in detail the items in the shipment by quantity, type, brand, size, price, the point of origin, and the point of destination. Before or at the time of shipment, a copy of the bill of lading must be forwarded to the commission by first-class mail.

(B) Immediately upon acceptance of delivery of the shipment by the producer's representative, he shall furnish the commission with a copy of the invoice covering the shipment with endorsement on it showing the date, time, and place delivery was accepted.

Section 61-5-800. Before shipment to a licensed alcoholic liquor wholesaler in this State or to a point without the State, the registered alcoholic liquor producer's representative shall mail to the commission a correct and complete copy of the invoice covering the shipment, showing the name and address of the consignee and, in detail, the items in the shipment by quantity, type, brand, size, and price. On shipments to a point without this State, the producer's representative at the time of shipment shall mail to the commission a copy of the bill of lading.

Section 61-7-10. A person engaging in the business of selling beer, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating shall apply to the South Carolina Alcoholic Beverage Control Commission for a permit to sell these beverages.

Section 61-7-20. (A) A manufacturer or brewer of beer or a person who imports beer produced outside the United States may not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a wholesale permit. A holder of a wholesale permit may not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a retail or wholesale permit.

(B) A manufacturer, brewer, importer, or wholesaler of beer, or a person acting on his behalf, may not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit equipment, fixtures, free beer, or service.

(C) Notwithstanding subsection (B), a wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler also may furnish the following services to a retailer: cleaning draft lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays.

(D) The holder of a retail permit, or a person acting on his behalf, may not accept, directly or indirectly, equipment, fixtures, free beer, or service from a manufacturer, brewer, importer, or wholesaler of beer except as provided in subsection (C).

(E) A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. A person or entity in the beer business on one tier, or a person acting directly or indirectly on his behalf, may not have ownership or financial interest in the beer business operation on another tier. This limitation does not apply to the interest held on July 1, 1980, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated.

(F) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases. The discounts must be on price only, must appear on the sales records, and must be available to all customers.

(G) No person or entity in the beer business on one tier may require a person or an entity in the business on another tier to advertise or participate in a discount or special promotion.

Section 61-7-30. It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer. However, a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates.

Section 61-7-40. The commission may not regulate the size, type, or number of beer signs displayed on the premises of a retail or wholesale beer dealer.

Section 61-7-50. The holder of multiple retail beer and wine permits may transfer beer and wine from one permitted location to another if both locations are permitted to the same person, partnership, or corporation and, for beer, are in the same beer wholesaler territory defined in Section 61-7-370.

Section 61-7-310. The transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by a registered producer or an exclusive agent in this State to distribute the same brand of beer or wine is authorized.

Section 61-7-320. Beer or wine wholesalers shall purchase only from registered beer or wine producers.

Section 61-7-330. It is unlawful for a beer wholesaler to:

(1) enter into an agreement or take action which violates or tends to violate this title or related regulations; or

(2) unfairly, without due regard for the equities of a registered producer, or without just cause or provocation, cancel or terminate an agreement or a contract, written or oral, or franchise or a contractual franchise relationship of the producer existing on May 1, 1974, or entered into after that date, to sell beer manufactured by the producer. This provision becomes a part of a contractual franchise relationship, whether written or oral, between a beer wholesaler and a registered producer doing business with the wholesaler, just as though the provision had been agreed upon specifically between the wholesaler and producer. However, notice of intention to cancel the agreement or contract, written or oral, or franchise or contractual franchise relationship must be given in writing at least sixty days before the date of the proposed cancellation or termination. The notice must contain:

(a) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, or franchise or contractual franchise relationship, if any;

(b) a list of the specific reasons for the termination or cancellation;

(3) refuse to sell to a licensed retail dealer whose place of business is within the geographical limits specified in a distributorship agreement between the wholesaler and the producer for the brands involved;

(4) store or warehouse beer to be sold in this State in a warehouse located outside of the State.

Section 61-7-340. A proposed sale of an interest in the business carried on by a beer wholesaler which under the laws of this State would require that the purchaser obtain a permit to operate as a beer wholesaler is subject to the approval of the purchaser by the commission as an applicant for a permit authorizing the sale of beer. If the application of the prospective purchaser for the permit is approved, it is unlawful, notwithstanding the terms, provisions, or conditions of a contract, written or oral, or the franchise agreement between the beer wholesaler and a registered producer, for the producer to fail or refuse to approve the transfer or change of ownership. For a proposed sale with respect to which the purchaser has been approved by the commission, a producer may require that the interest in the business carried on by the wholesaler be transferred to the producer upon the same terms and conditions as the interest would have been transferred to the prospective purchaser. If the producer, within sixty days after receipt of notification by certified mail of the proposed sale, does not notify the wholesaler by certified mail of the exercise of the right by the producer, the right must not be exercised.

Section 61-7-350. A proposed voluntary transfer of an interest in the business carried on by a beer wholesaler or a transfer of ownership in the business by death is subject to the approval of the prospective transferee by the registered beer producer. The approval must not be unreasonably withheld. If notice of disapproval of the prospective transferee is not given by the producer by certified mail within sixty days after receipt of notification of the proposed voluntary transfer or within sixty days after the death of the owner of the interest, the right of disapproval must not be exercised. If the right of disapproval is exercised by the producer, within sixty days after disapproval, he shall pay to the prospective transferee the fair market value of the interest in the business proposed to be transferred. If agreements cannot be reached between the producer and the transferee within the period, the producer is deemed to have acquired the interest proposed to be transferred and shall pay the prospective transferee the value of the interest. The value of the interest must be determined by an appraiser appointed by the prospective transferee and an appraiser appointed by the producer. If the two appraisers cannot agree upon the value, the court of common pleas for the county in which the principal place of business of the wholesaler is located shall appoint a disinterested person as a third appraiser. The appointment must be made as soon as practicable. The prospective transferee and the producer each within sixty days may appeal to the court of common pleas or another court of competent jurisdiction in the county in which the principal place of business of the wholesaler is located from the determination of the price to be paid.

Section 61-7-360. It is unlawful for a beer or wine wholesaler to order, purchase, or receive beer or wine from a producer who is not the primary American source of supply for the brand ordered, purchased, or received.

Section 61-7-370. (A) A beer wholesaler may sell any brand of beer in this State only in the territory described in a distribution agreement filed with the commission pursuant to this title authorizing sale by the wholesaler of the brand within that designated area. The distribution agreement must be in writing and must specify the brands it covers. If a brewer sells several brands, the agreement need not apply to all brands sold by the brewer and may apply to only one brand.

(B) Within that designated area the wholesaler shall service all holders of retail permits without discrimination.

(C) No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or part of the designated territory. However, with prior approval of the commission, a wholesaler may service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when requested by the brewer and the wholesaler whose service is interrupted temporarily.

Section 61-7-380. A beer wholesaler shall file a copy of its distribution agreement with the commission, and amendments to it must be filed within sixty days after their adoption.

Section 61-7-390. No provision of a distribution agreement expressly, by implication, or in its operation may establish or maintain the resale price of a brand of the beverage products by a wholesaler.

Section 61-7-510. (A) A beer and wine producer shall apply to the commission on forms the commission may prescribe for a certificate of registration. The certificate must be approved and issued before the shipment of beer or wine by the producer to a point within this State.

(B) A producer, at the same time application is made for a certificate of registration, shall remit to the commission a fee of one hundred dollars.

(C) A certificate of registration is valid from the date of issue until August thirty-first of each year.

Section 61-7-520. (A) No person other than a registered beer or wine producer may ship or move, or cause to be shipped or moved beer or wine from a point outside this State to a point within this State. A registered producer may act only in accordance with this title.

(B) No brand of beer or wine may be registered by a producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand.

(C) This section does not apply to a person who produces beer or wine solely in this State and who subsequently ships or sells it solely in this State.

Section 61-7-530. (A) It is unlawful for a registered beer producer or an officer, an agent, or a beer producer representative to:

(1) coerce, attempt to coerce, or persuade a beer wholesaler to enter into an agreement to take action which violates this title or related regulations; or

(2) unfairly, without due regard to the equities of the wholesaler or without just cause or provocation, cancel or terminate an agreement or a contract, written or oral, or franchise, or a contractual franchise relationship of the wholesaler existing on May 1, 1974, or entered into after that date, to sell beer manufactured by the producer. This provision must be a part of a contractual franchise relationship, whether written or oral, between a beer wholesaler and a registered producer doing business with the wholesaler, just as though the provision had been agreed upon specifically between the wholesaler and the producer. However, notice of intention to cancel the agreement or contract, written or oral, or franchise or contractual franchise relationship must be given in writing at least sixty days before the date of the proposed cancellation or termination. The notice must contain:

(a) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for a material violation of one or more provisions which are relevant to the effective operation of the agreement or contract, written or oral, or franchise or contractual franchise relationship, if any;

(b) a list of the specific reasons for the termination or cancellation.

(B) This section applies to beer wholesalers and producers engaged in the shipment and receipt of beer intended for sale within this State after March 31, 1974.

Section 61-7-540. The court of common pleas may enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered beer producer at the application of the wholesaler or producer who is or may be affected adversely by the cancellation or termination. In granting an injunction the court shall make provisions to protect the wholesaler or producer while the injunction is in effect including, but not limited to, a provision that the producer may not supply the customers of the wholesaler by servicing them through other distributors or means or a provision that the wholesaler shall continue to supply to his customers the products of the producer. Application may be made by the wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond it considers proper to be posted on the part of the party seeking the injunction securing the party enjoined for damages.

Section 61-7-550. As a condition precedent to the issue of a certificate of registration by the commission to a beer or wine producer, an applicant for the certificate shall certify that the South Carolina Tax Commission within statutory limitations may audit and examine the books and records, papers, and memoranda of the applicant with respect to the administration and enforcement of laws administered by the Tax Commission.

Section 61-7-560. Before shipment into South Carolina to a beer or wine wholesaler by a registered producer, the registered producer shall mail by first class mail to the Tax Commission a correct and complete invoice showing in detail the items in the shipment by quantity, type, brand, and size, the point of origin, and the point of destination. Before shipment or when shipped a copy of the bill of lading must be forwarded to the Tax Commission by first class mail. Upon acceptance of delivery of the shipment by the wholesaler, he shall furnish the Tax Commission with a copy of the invoice covering the shipment with an endorsement showing the date, time, and place delivery was accepted.

Section 61-7-570. No person, firm, corporation, club, association, or organization within this State may bring, ship, transport, or receive into this State beer or wine except beer and wine wholesale distributors. However, an individual may import beer and wine into this State for personal use and consumption within the State and not for sale, in quantities not to exceed ten cases, upon the receipt of a certificate from the South Carolina Tax Commission authorizing the shipment and evidencing that the person has paid all taxes upon the beer and wine to the Tax Commission. A person, firm, corporation, or club or an association or organization violating this section is subject to a penalty of not less than twenty-five nor more than one thousand dollars to be assessed and collected by the Tax Commission as other taxes are collected.

Section 61-7-710. (A) Beer and wine purchased by military establishments located in this State must be purchased from beer and wine wholesalers permitted in this State.

(B) Purchase orders from the military establishments must be furnished to a permitted wholesaler, and the orders must be processed and delivered by the wholesaler as nonmilitary orders are processed and delivered except that the delivery must be made to the military establishments rather than to a licensed retailer.

Section 61-7-720. Beer and wine sold to military establishments are exempt from state beer and wine taxes.

Section 61-7-730. A registered producer who sells beer and wine in violation of this article shall have its certificate of registration suspended for a period to be determined by the commission.

Section 61-7-910. A person may construct, maintain, or operate a brewery or winery within this State for the production of the beverages legalized under this chapter.

Section 61-7-920. A person desiring to construct, maintain, or operate a brewery or winery under the provisions of this article first shall apply to the commission for a permit. The application must be in writing in a form the commission may prescribe. The person applying for the permit is subject to the payment of an annual fee of one hundred dollars. This fee must be paid to and collected by the commission upon each brewery and on each commercial winery to be established and operated before a permit is issued. The owner and operator of a winery who consumes in the operation of it only the fruits produced on his farm or premises is subject to the payment of an annual fee of five dollars. A permit expires annually August thirty-first. A brewer or commercial wine manufacturer beginning business after the first day of a permit year must have fees prorated as specified in Section 61-3-240(G). No refund may be made to a dealer who ceases business after securing a permit.

Section 61-7-930. Wines and brewed products referred to in this article must be stamped by the manufacturer or producer in the manner provided by law for paying the tax on soft drinks and at the rates provided in Article 7, Chapter 21 of Title 12. A manufacturer or producer of beer or wine is not required to affix the tax-paid crowns or stamps to beer and wine intended to be sold outside this State.

Section 61-7-1110. Regulation No. 4 of the United States Treasury Department, Federal Alcohol Administration Division, relating to `Labeling and Advertising of Wine', is adopted for the labeling and advertising of wine sold or offered for sale in this State, except as it differs from existing laws of the State or related regulations.

Section 61-7-1120. A licensed winery in this State which produces and sells only domestic wine may sell the domestic wine with an alcoholic content of fourteen percent or less at wholesale or retail, or both, on the winery premises and deliver or ship the wine to purchasers within or without the State. Deliveries of domestic wine within South Carolina must be made between seven a.m. and seven p.m. The domestic wineries may provide wine taste samples to prospective customers without cost.

Section 61-7-1130. It is unlawful for a person to import, sell, or offer for sale in this State wines of which the labels, standards, or identities do not conform to the provisions of Regulation No. 4. Imitation, concentrate, and substandard wines, as defined in Regulation No. 4, are prohibited from sale in this State.

Section 61-7-1140. The commission shall provide for the inspection of wines imported into or offered for sale in this State, the expense to be paid from the proceeds of the wine tax. The commission also may promulgate regulations as to the containers in which wine may be sold at retail and declare to be `undesirable wine packages' wine sold in a container prohibited in the regulations or wine the sale of which is prohibited.

Section 61-9-10. Alcoholic liquors sold in sealed containers of two ounces or less must be taxed at the rate of twenty-five cents a container in addition to the case tax as prescribed in Article 5, Chapter 33, Title 12 and collected as those taxes are collected. Taxes levied in Article 3 of that chapter do not apply.

Section 61-9-20. Revenue allocated to counties in this title for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts must be regulated and disbursed in accordance with this chapter.

Section 61-9-30. Before the use of the revenue described in Section 61-9-20, the governing body of each county shall:

(1) designate a single existing county agency or organization, public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated for the purposes provided in Section 61-9-20 or create a new agency for that purpose;

(2) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the South Carolina Commission on Alcohol and Drug Abuse. Written approval must be granted if reasonable. If approval is denied, an appeal may be made to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers denial to be unreasonable, he shall communicate his reasons to the Commission on Alcohol and Drug Abuse and require it to reexamine the plan in light of his objections. Following reexamination, there may be no further appeal.

Section 61-9-40. The single county agency, provided for in Section 61-9-30, shall provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists or where citizen participation is nonexistent, through the establishment of a county advisory committee, which shall consult with and advise the single county agency in the development and implementation of the county plan.

Section 61-9-50. Revenue funds allocated pursuant to Section 6-27-40(B) must be collected and disbursed by the South Carolina Tax Commission in the manner and in accordance with that section on a per capita basis according to the latest official United States census. Revenue funds must be disbursed to the counties but must not be used until their alcohol and drug abuse plans have been approved. If the funds have not been expended within two years from receipt by the county treasurer, the funds must be returned to the general fund of the State to be disbursed on a per capita basis to the counties which have approved plans.

Section 61-9-60. Revenue funds received in accordance with this chapter may be expended only for activities and services called for in and consistent with the recommendations of the approved county alcohol and drug abuse plan.

Section 61-9-70. Each county governing body shall:

(1) establish methods of administration necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the South Carolina Commission on Alcohol and Drug Abuse.

(2) provide for accounting procedures necessary to assure proper disbursement of and accounting for the funds, including an annual audit of fiscal records, a copy of which must be furnished to the South Carolina Commission on Alcohol and Drug Abuse.

Section 61-9-80. This chapter does not prevent two or more counties from joining together in plans, programs, and projects or in designating a single agency to administer multicounty plans required by Section 61-9-30(2).

Section 61-9-90. Funds disbursed for the purposes provided in Section 61-9-20 may be used only to supplement and increase the level of federal, state, local, and other funding available in the absence of these funds and must not be used to supplant federal, state, local, and other funds.

Section 61-11-10. Wholesale druggists lawfully may sell in wholesale quantities to retail druggists, public or charitable hospitals, or medical or pharmaceutical colleges pure alcohol for medical purposes only or grain alcohol to be used by chemists or bacteriologists actually engaged in scientific work and for these purposes only. At the end of each month in which the sales have been made, the wholesale druggist shall file with the clerk of court of the county in which he does business a statement in writing under oath giving the name of the purchaser, price paid, date of sale, and quantity and character of the alcohol sold. If the wholesale druggist making the sale is not a resident of this State, the statement must be filed in the office of the clerk of court of the county in which the purchaser resides.

Section 61-11-20. A retail druggist whose place of business is located in an incorporated town or city of this State and who is a registered or licensed pharmacist or who regularly employs a registered or licensed pharmacist may sell, in the manner set out in this chapter, upon filing a bond of five thousand dollars to be approved by the clerk of court of the county in which the druggist does business, conditioned for a faithful observance of the provisions of this chapter, pure alcohol for medical purposes only and grain alcohol to chemists and bacteriologists actually engaged in scientific work and for these purposes only. However, the druggist may use alcohol in the compounding of prescriptions or other medicines, the sale of which does not subject him to the payment of a special tax required of alcoholic liquor dealers by the government of the United States nor prevent the druggist from compounding or selling medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia and National Formulary which contain no more alcohol than is necessary to extract the medicinal properties of the drugs contained in the preparations and no more alcohol than is necessary to hold the medicinal agents in solution and which are manufactured and sold as medicines and not as beverages.

Section 61-11-30. No sale of pure alcohol for medicinal purposes may be made by a retail druggist except upon the prescription of a regular practicing physician of this State who, before writing the prescription, makes an actual examination of the person for whom the prescription is issued.

Section 61-11-40. The prescription must be substantially in the following form: `State of South Carolina County. To druggist. I, , a regular licensed and practicing physician under the laws of this State, certify that I have examined , a patient in my charge, and I prescribe for the use of the patient alcohol. I further certify that the use of the alcohol is, in my judgment, absolutely necessary to alleviate or cure the illness or disease from which the patient is now suffering and that I am not interested in the drugstore to which this prescription is directed nor in the profits on the drugs prescribed in this prescription.

Dated . M. D.'

Section 61-11-50. No prescription may be filled except the day upon which it is issued or the following day and no more than one-half pint of alcohol may be sold and delivered on one prescription. When the prescription is filled, it must not be refilled but must be delivered to the druggist filling it. No druggist who is also a practicing physician may fill his own prescription for pure alcohol nor may it be filled at a drugstore in which the physician is interested financially. The delivery of the alcohol sold under the prescription may be made only to the person for whom the prescription is issued, to the physician, or to someone authorized by the physician or, for a person under twenty-one years of age, to his parent, guardian, physician, or someone authorized by the physician.

Section 61-11-60. A retail druggist whose place of business is located in an incorporated town or city of the State lawfully may sell alcohol in quantities not greater than five gallons to be used in the arts or for scientific or mechanical purposes. The druggist may sell, in like quantities, to chemists and bacteriologists engaged in scientific work and for those purposes only.

Section 61-11-70. A person desiring to purchase alcohol for the purposes set out in Section 61-11-60 shall sign a written printed statement giving his name, residence, occupation, and the purpose for which he intends to use the alcohol, and he shall certify that the alcohol is purchased in good faith for that purpose and no other.

Section 61-11-80. The druggist shall retain prescriptions for alcohol and the statements required by Section 61-11-70 for inspection as required by law for the retention of the prescription of narcotics and other drugs.

Section 61-11-90. A druggist or physician who violates this chapter, in addition to the punishment provided, must have his license revoked for not more than one year for each offense.

Section 61-11-210. A person may manufacture ethyl and methyl alcohol from sawdust, slabs, other wood substance, or molasses.

Section 61-11-220. A person engaging in the manufacture of alcohol under the provisions of this chapter shall enter into a bond to the State of ten thousand dollars, with surety, to be approved by the Governor, conditioned for the faithful observance of and compliance with all the provisions of this chapter. The Attorney General and the circuit solicitors, when a provision of this chapter is violated, shall sue in a county in this State for the penalty of the bond for the benefit of the State.

Section 61-11-230. No person engaged in the manufacture of ethyl alcohol as provided in Section 61-11-210 may sell it in this State unless it is denatured, but he may ship ethyl alcohol undenatured to a place without the State for use for manufacturing purposes and in the sciences and arts.

Section 61-11-240. No alcohol manufactured under the provisions of this chapter may be used as a beverage or for medicinal purposes.

Section 61-11-250. Ethyl alcohol manufactured under the provisions of this chapter must not be shipped to a point within this State unless it has been denatured and may be shipped to points without this State only in the manner provided in this section. The alcohol may be carried from the warehouse as authorized under this chapter, delivered to a common carrier, and shipped immediately to its destination without this State. The alcohol also may be transported to another bonded warehouse without this State when the shipment is made under bond, as required by the United States revenue laws.

Section 61-11-260. A person manufacturing alcohol under this chapter, while the alcohol remains in this State, shall store and keep it in a general United States bonded warehouse or in another warehouse and file with the Secretary of State a declaration setting forth the exact location, description, and dimension of the warehouse used and to be used for that purpose. It is unlawful to store or keep alcohol manufactured under this chapter in a place except as provided in this section.

Section 61-11-270. A record must be kept which shows the quantity of alcohol manufactured, the quantity transported or shipped, and to whom and where shipped. The record is subject to the inspection of an attorney representing this State.

Section 61-11-280. If a person manufacturing alcohol under this chapter sells it for or consents to its use as a beverage, either within or without this State or violates this chapter, he forfeits to the State property within this State connected with and incident to the manufacture of the alcohol. The Attorney General and the solicitors shall institute an action in a court of competent jurisdiction in a county of this State which the Attorney General or solicitor may select for determining whether this chapter has been violated and whether the property has been forfeited to the State.

Section 61-11-290. It is prima facie evidence of a violation of this chapter if ethyl alcohol is manufactured and not denatured and is found within this State and not in the custody of a United States revenue officer or not in course of shipment to some point in another state. However, a reasonable time is allowed for conveying the alcohol directly from a warehouse to a common interstate carrier.

Section 61-11-300. Property forfeited under the provisions of this chapter must be delivered to the State Budget and Control Board.

Section 61-11-310. A person manufacturing in this State ginger ale or similar soft drinks in which there is an alcoholic ingredient not exceeding one-third of one percent may import alcohol into this State or order and receive alcohol from another state in quantities not exceeding ten gallons for which no permit is required. However, the person first shall file with the clerk of court of the county in which his manufacturing plant is located a bond with an approved surety company as surety of one thousand dollars to be forfeited to the State upon the proof of misuse of alcohol or disposition of it otherwise than as contemplated in this section for the manufacture of the product. The solicitor shall bring action upon the bond upon information or belief.

Section 61-11-320. Nothing in this chapter prevents the sale of wood or denatured alcohol."

SECTION 2. Article 11, Chapter 21, Title 12 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor./

Amend title to conform.

THOMAS C. ALEXANDER, for Committee.

1. Estimated Cost to State-First Year $1,296

2. Estimated Cost to State-Annually

Thereafter $-0-

House 3843 would amend Title 61, Code of Laws of South Carolina, 1976, relating to alcohol, alcoholic beverages, and their regulation. Revises definitions, deletes obsolete language, and repeals Article 11, Chapter 21, Title 12, relating to procedures and wholesalers of beer and wine.

There appears to be no new responsibilities associated with this bill. This legislation provides for recodification of Title 61.

It is estimated that the impact to the State General Fund for recodification would be $1,296.

Prepared By: Approved By:

Jim Trexler George N. Dorn, Jr.

State Budget Analyst State Budget Division

TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE REFERENCES TO ALCOHOLIC BEVERAGES TO REGULATED BEVERAGES, REVISE DEFINITIONS AND REQUIREMENTS PERTAINING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL ACT, LICENSES AND PERMITS, THE TRANSPORTATION, POSSESSION, CONSUMPTION, SALE, MANUFACTURE, AND IMPORTATION OF REGULATED BEVERAGES, OFFENSES, AND PENALTIES, AND DELETE OBSOLETE LANGUAGE; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12, RELATING TO PRODUCERS AND WHOLESALERS OF BEER AND WINE.

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

SECTION 1. Title 61 of the 1976 Code is amended by striking and inserting:

SECTION 2. Article 11, Chapter 21, Title 12 of th 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor.