South Carolina General Assembly
110th Session, 1993-1994

Bill 4402


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    4402
Primary Sponsor:                Thomas
Type of Legislation:            JR
Subject:                        Alcohol consumption,
                                legislature to regulate
Residing Body:                  House
Computer Document Number:       JIC/5273HC.94
Introduced Date:                19940111
Last History Body:              House
Last History Date:              19940518
Last History Type:              Objection withdrawn by
                                Representative
Scope of Legislation:           Statewide
All Sponsors:                   Thomas
                                Rudnick
                                Keyserling
Type of Legislation:            Joint
                                Resolution



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

4402  House   19940518      Objection withdrawn by                    Corning
                            Representative
4402  House   19940511      Objection by Representative          Tucker
                                                                 Kirsh
Corning
                                                                 Cromer
                                                                 Meacham
                                                                 Cato
                                                                 Chamblee
                                                                 Anderson
                                                                 Sharpe
                                                                 Worley
4402  House   19940510      Debate adjourned until
                            Wednesday, 19940511
4402  House   19940505      Debate adjourned until
                            Tuesday, 19940510
4402  House   19940420      Committee Report: Favorable     25
4402  House   19940111      Introduced, read first time,    25
                            referred to Committee
4402  House   19931215      Prefiled, referred to           25
                            Committee

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 20, 1994

H. 4402

Introduced by REPS. Thomas, Rudnick and Keyserling

S. Printed 4/20/94--H.

Read the first time January 11, 1994.

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (H. 4402), proposing an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, 1895, relating to powers of the General Assembly pertaining to alcoholic liquors and beverages, etc., respectfully

REPORT:

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

Amend the joint resolution, as and if amended, by striking Section 1 as contained in SECTION 1, beginning on page 2, and inserting:

/Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages.

Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide./

Amend further, SECTION 2, by striking the question and inserting:

/Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption and to maintain the prohibition on delegating to municipalities the power to issue liquor licenses?/

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HODGES, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

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

SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:

"Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same. Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

-----XX-----