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Indicates Matter Stricken
Indicates New Matter
AMENDED
February 22, 2000
H. 4337
Introduced by Reps. Wilkins, Quinn, Cato, Haskins, Loftis, Tripp, Vaughn, Riser, Easterday, Hamilton and Rice
S. Printed 2/22/00--H.
Read the first time January 11, 2000.
TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM NOT LESS THAN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE A BOND OR GUARANTEE TO ACCOMPANY THE PETITION TO BE USED TO REIMBURSE THE COUNTY UNDER CERTAIN CONDITIONS, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BE USED, TO REQUIRE THE ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN THIRTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED NOT LESS THAN NINETY DAYS AND NOT MORE THAN ONE HUNDRED TWENTY DAYS FROM THE DATE THE PETITION IS CERTIFIED, OR AT THE NEXT GENERAL ELECTION WHICHEVER IS SOONER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-2010(C) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred five thousand qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition, which must be the petition form provided to county election officials by the State Election Commission, must be certified by the election commission within sixty days after receiving the petition form. In the case of a municipal referendum, the municipal election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled municipal or countywide general election, whichever is sooner. In the case of a county referendum, the county election commission must hold the referendum on the first Tuesday after the first Monday in November of each year or at the next scheduled countywide general election, whichever is sooner. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall read substantially as follows:
'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'
(2) A referendum for this purpose may not be held more often than once in forty-eight months.
(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 2. This act takes effect July 1, 2000.
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