Bill 4810

                    Current Status

Bill Number:                       4810
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19960321
Primary Sponsor:                   Martin
All Sponsors:                      Martin, Jennings, Kelley,
                                   J. Young and Baxley 
Drafted Document Number:           gjk\22513sd.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Undercover agent under twenty-one buying alcohol

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960501  Recommitted to Committee                 25 HJ
House   19960424  Objection by Representative                      Whatley
                                                                   Limehouse
                                                                   Fulmer
                                                                   Hallman
                                                                   McCraw
                                                                   S. Whipper
                                                                   Phillips
                                                                   Simrill
                                                                   Knotts
                                                                   Cotty
House   19960423  Objection by Representative                      Haskins
House   19960418  Committee report: Favorable with         25 HJ
                  amendment
House   19960321  Introduced, read first time,             25 HJ
                  referred to Committee

COMMITTEE REPORT

April 18, 1996

H. 4810

Introduced by REPS. Martin, Jennings, Kelley, J. Young and Baxley

S. Printed 4/18/96--H.

Read the first time March 21, 1996.

To whom was referred a Bill (H. 4810), to amend the Code of Laws of South Carolina, 1976, by adding Section 61-13-465 so as to provide that no undercover agent, 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. Chapter 1, Title 61 of the 1976 Code is amended by adding:

"Section 61-1-135. A holder of a permit authorizing the sale of beer, wine, or alcoholic liquors shall not be subject to any administrative penalties imposed by the department for the violation of the provisions of law prohibiting the sale of beer, wine, or alcoholic liquors to a person under twenty-one years of age unless:

(1) the holder of the permit was the seller of the beer, wine, or alcoholic liquor to the minor; or

(2) there has been an adjudicated court case involving the violations of law at the establishment prohibiting the sale of beer, wine, or alcoholic liquors to minors which resulted in a conviction or plea of guilty or nolo contendere; or

(3) there is evidence that the servant, agent, or employee sold beer, wine, or alcoholic liquors to a minor with the knowledge of the holder of the permit."/

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 61-13-465. No undercover agent under the age of twenty-one of the Department of Revenue and Taxation or any other state or local law enforcement agency may purchase or attempt to purchase any beer, wine, or alcoholic liquor for on or off-premises consumption at an establishment licensed to make such sales unless the department or agency has two documented instances that the establishment has violated provisions of law prohibiting the sale of beer, wine, or alcoholic liquors to minors. These documented instances previously must be either adjudicated court cases involving such violations at the establishment which resulted in a conviction or plea of guilty or nolo contendere or affidavits of persons not employed by the department or other law enforcement agencies that such violations of their own knowledge have occurred at the establishment.

Any licensee or employee thereof charged with selling beer, wine, or alcoholic liquor to minors upon request must be provided with these affidavits or documentations. Failure to provide such affidavits or documentations or failure to secure them before the arrest requires the charge to be dismissed with prejudice."

SECTION 2. This act takes effect upon approval by the Governor.