Current Status Bill Number:4870 Ratification Number:481 Act Number:363 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980324 Primary Sponsor:Jennings All Sponsors:Jennings, Baxley, Harrell, Knotts and Scott Drafted Document Number:JIC\5412HTC.98 Date Bill Passed both Bodies:19980603 Date of Last Amendment:19980521 Governor's Action:U Became law without signature of Governor Date of Governor's Action:19980611 Subject:Alcohol and Alcoholic Beverages, beer and wine, minibottles, retail licenses; protests, hearings, permanent license
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980617 Act No. A363
------ 19980611 Unsigned, became law without
signature of Governor
------ 19980604 Ratified R481
Senate 19980603 Read third time, enrolled for
ratification
Senate 19980602 Read second time, notice of
general amendments
Senate 19980602 Recalled from Committee 11 SJ
Senate 19980528 Introduced, read first time, 11 SJ
referred to Committee
House 19980527 Read third time, sent to Senate
House 19980521 Amended, read second time
House 19980519 Committee report: majority 26 HLCI
favorable, with amendment,
minority unfavorable
House 19980324 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A363, R481, H4870)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MUST BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO PROHIBIT ISSUANCE OF A PERMANENT MINIBOTTLE LICENSE UNTIL INTERESTED PERSONS HAVE BEEN HEARD.
Be it enacted by the General Assembly of the State of South Carolina:
Protest of beer and wine permit
SECTION 1. Article 5, Chapter 4, Title 61 of the 1976 Code is amended by adding:
Section 61-4-525. A person residing in the county in which a beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Judge Division.
If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs.
Protest of retail liquor license
SECTION 2. Subarticle 1, Article 3, Chapter 61 of the 1976 Code is amended by adding:
"Section 61-6-185. A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.
If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
Protest of minibottle license
SECTION 3. Subarticle 3, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1825. A person residing in the county in which a minibottle license is requested to be granted, or a person residing within five miles of the location for which a minibottle permit is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.
If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."
Criteria for license
SECTION 4. Section 61-6-1820 of the 1976 Code, as added by Act 415 of 1996, is amended by amending the last paragraph to read:
"Upon the written request of a person who resides in the county where the license is requested to be issued, the department must not issue the permanent license until interested persons have been given an opportunity to be heard."
Time effective
SECTION 5. This act takes effect on the first day of the second month following approval by the Governor and applies with respect to applications for beer and wine permits and minibottle licenses filed on or after that date.
Became law without the signature of the Governor -- 06/11/98.