Current Status Bill Number:3207 Ratification Number:215 Act Number:98 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Seithel All Sponsors:Seithel and Haskins Drafted Document Number:gjk\23185ac.97 Date Bill Passed both Bodies:19970603 Date of Last Amendment:19970527 Governor's Action:S Date of Governor's Action:19970613 Subject:Drinking games or contests unlawful, Alcohol and Alcoholic Beverages; Beer and wine, Shipping requirements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970630 Act No. A98
------ 19970613 Signed by Governor
------ 19970609 Ratified R215
House 19970603 Concurred in Senate amendment,
enrolled for ratification
Senate 19970603 Read third time, returned to House
with amendment
Senate 19970527 Read second time
Senate 19970527 Committee amendment adopted
Senate 19970522 Polled out of Committee: 11 SJ
Favorable with amendment
Senate 19970401 Introduced, read first time, 11 SJ
referred to Committee
House 19970326 Read third time, sent to Senate
House 19970325 Amended, read second time
House 19970319 Committee report: Favorable with 25 HJ
amendment
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
(A98, R215, H3207)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-175 SO AS TO CREATE A MISDEMEANOR OFFENSE FOR SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS TO A RESIDENT OF THIS STATE WHO DOES NOT HOLD A LICENSE OR CERTIFICATE OF REGISTRATION AND TO ESTABLISH CRIMINAL AND ADMINISTRATIVE PENALTIES; TO ADD SECTION 61-6-2230 SO AS TO PROHIBIT AN ALCOHOLIC BEVERAGE LICENSEE FROM CONDUCTING DRINKING CONTESTS AND DRINKING GAMES; AND TO AMEND SECTION 61-4-580, RELATING TO PROHIBITED ACTS BY HOLDERS OF BEER AND WINE PERMITS, SO AS TO INCLUDE CONDUCTING DRINKING CONTESTS AND DRINKING GAMES AS A PROHIBITED ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful shipping to nonlicensed resident
SECTION 1. The 1976 Code is amended by adding:
"Section 61-2-175. (A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.
(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds."
Drinking contests and games prohibited
SECTION 2. The 1976 Code is amended by adding:
"Section 61-6-2230. (A) No person licensed to sell alcoholic beverages pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'.
(B) For purposes of this section, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."
Prohibited acts
SECTION 3. Section 61-4-580(6) of the 1976 Code as added by Act 415 of 1996, is amended to read:
"(6) sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State; or
(7) conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'. For purposes of this item, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 13th day of June, 1997.