Current Status Introducing Body:House Bill Number:3806 Primary Sponsor:Gonzales Committee Number:25 Type of Legislation:GB Subject:Alcoholic beverages, sale hours Residing Body:House Current Committee:Judiciary Computer Document Number:436/11200AC.93 Introduced Date:19930331 Last History Body:House Last History Date:19930331 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Gonzales Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3806 House 19930331 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTIONS 4-9-25 AND 5-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF COUNTIES AND MUNICIPALITIES, SO AS TO PROVIDE THAT COUNTIES AND MUNICIPALITIES MAY PROHIBIT THE SALE OF BEER, WINE, AND ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 4-9-25 of the 1976 Code, as added by Act 139 of 1989, is amended to read:
"Section 4-9-25. All counties of the State, in addition to the powers conferred to their specific form of government, have authority to enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of these powers in relation to health and order in counties or respecting any subject as appears to them necessary and proper for the security, general welfare, and convenience of counties or for preserving health, peace, order, and good government in them including, but not limited to, the authority to prohibit the sale of beer, wine, or alcoholic beverages for on-premises consumption between the hours of two o'clock a.m. and eight o'clock a.m., notwithstanding the provisions of Section 61-5-190. The powers of a county must be liberally construed in favor of the county and the specific mention of particular powers may not be construed as limiting in any manner the general powers of counties."
SECTION 2. The first paragraph of Section 5-7-30 of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including prohibiting the sale of beer, wine, or alcoholic beverages for on-premises consumption between the hours of two o'clock a.m. and eight o'clock a.m., notwithstanding the provisions of Section 61-5-190; and the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of such an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding two hundred dollars or imprisonment not exceeding thirty days."
SECTION 3. County ordinances and municipal ordinances existing on this act's effective date which prohibit the sale of beer, wine, or alcoholic beverages for on-premises consumption between the hours of two o'clock a.m. and eight o'clock a.m. are confirmed and ratified.
SECTION 4. This act takes effect upon approval by the Governor.