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721Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010530Primary Sponsor: McConnellAll Sponsors: McConnellDrafted Document Number: l:\council\bills\skb\18561som01.docResiding Body: HouseDate of Last Amendment: 20020117Subject: Alcoholic beverages, special food manufacturer's license issued for sauces, etc. containing; Taxation, BusinessesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020605 Request for debate withdrawn by Representative Snow House 20020605 Request for debate by Representative Loftis Coates Kelley Easterday White J. Brown Wilder Snow Hayes House 20020604 Debate adjourned until Wednesday, 20020605 House 20020530 Debate adjourned until Tuesday, 20020604 House 20020528 Recalled from Committee 25 HJ House 20020123 Introduced, read first time, 25 HJ referred to Committee Senate 20020122 Read third time, sent to House Senate 20020117 Amended, read second time Senate 20020116 Committee report: Favorable with 11 SJ amendment Senate 20010530 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on January 16, 2002 - Word format Revised on January 17, 2002 - Word format Revised on January 17, 2002-A - Word format Revised on May 28, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
May 28, 2002
S. Printed 5/28/02--H.
Read the first time January 23, 2002.
TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 61-6-710. Notwithstanding any other provision of this title, a person who manufactures in this State food items such as sauces and marinades in which there is an alcoholic beverage ingredient and who does so under an agreement with the alcoholic beverage manufacturer must apply for a special food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverage directly from the manufacturer in containers holding greater quantities of liquor than are sold to a retail consumer. The department must establish the form of the application for the special food manufacturer's license."
SECTION 2. Section 12-33-210 of the 1976 Code, as last amended by Act 144 of 1995, is further amended to read:
"Section 12-33-210. The biennial license taxes on licenses granted under Title 61, in addition to all other license taxes, are as follows:
(1) manufacturer's license: fifty thousand dollars;
(2) wholesaler's license: twenty thousand dollars;
(3) retail dealer's license: one thousand
and two hundred dollars .; and
(4) special food manufacturer's license: one thousand two hundred dollars.
shall must pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.
A person who applies for a license after the first day of a license period
shall must pay license fees in accordance with the schedule provided in Section 61-6-1810(C)."
SECTION 3. Section 61-2-175(A) of the 1976 Code, as added by Act 98 of 1997, is amended to read:
"(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, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title."
SECTION 4. Section 61-6-2900 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2900. Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the Department of Public Safety, by wholesalers licensed by the department or by registered producers in their own trucks. Alcoholic liquors must be shipped or moved only to the warehouse of the food manufacturer licensed pursuant to Section 61-6-710, or the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors must be either stored in the warehouse of the food manufacturer licensed pursuant to Section 61-1-710 or in a licensed warehouse of the registered producer or, after delivery to the producer representative is complete, may then be shipped to a licensed wholesaler by common carriers described in this section, by wholesalers licensed by the department or by registered producers in their own trucks. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer representative is complete, they may be shipped to a licensed wholesaler or to a point outside this State. Before any shipment or transfer, the food manufacturer or producer representative, as appropriate, must apply to the department, on forms prescribed by the department, for permission to ship or transfer the alcoholic liquors, and the food manufacturer or producer representative must have received a certificate of approval of the shipment or transfer."
SECTION 5. Section 61-6-4050 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4050. It is unlawful for a person to purchase or otherwise procure alcoholic liquors other than those purchased from licensed retail dealers in the State or those purchased pursuant to a special food manufacturer's license in Section 61-6-710. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;
(b) for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and
(c) for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days."
SECTION 6. This act takes effect upon approval by the Governor and applies to special food manufacturing licenses applied for on or after July 1, 2002.
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