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HOUSE AMENDMENTS AMENDED
June 5, 2003
S. 407
S. Printed 6/5/03--H.
Read the first time April 24, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1640 SO AS TO PROVIDE AN ESTABLISHMENT LICENSED TO SERVE MINIBOTTLES IS AUTHORIZED TO CONDUCT SAMPLINGS OF WINES IN EXCESS OF SIXTEEN PERCENT ALCOHOL, CORDIALS, AND DISTILLED SPIRITS, IF THE SAMPLING IS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
Section 61-6-1640. Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:
( 1) the establishment must have a permanent seating capacity of fifty or more persons;
( 2) samples may not be offered from more than four products at any one time;
( 3) the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;
( 4) samples must be less than one-half ounce for each product sampled;
( 5) a person may not be served more than one sample of each product;
( 6) sampling may not be offered for more than four hours;
( 7) at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;
( 8) a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;
( 9) a licensed establishment may not offer more than one sampling each day; and
(10) the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler.
SECTION 2. Section 12-21-1010(5) of the 1976 Code is amended to read:
"(5) The phrase 'domestic wine' shall mean wine manufactured wholly within the State primarily from fruits and berries produced within the State (Reserved);"
SECTION 3. Chapter 2 of Title 61 of the 1976 Code is amended by adding:
"Section 61-2-135. When a person licensed to sell alcoholic liquor or beer and wine moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department."
SECTION 4. Section 61-4-120 of the 1976 Code is amended to read:
"Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict with this section are unenforceable."
SECTION 5. Section 61-4-510(A) of the 1976 Code is amended to read:
"(A) In counties or municipalities where temporary off-premises beer and wine permits are specifically authorized to be issued pursuant to Section 61-6-2010, in lieu of the retail permit fee required pursuant to Section 61-4-500, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-4-120, 61-4-130, and 61-4-140. The annual fee for this special retail permit is one thousand dollars."
SECTION 6. Section 61-4-520(9)(d) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(d) cover a space at least eleven twelve inches wide high and eight and one-half eighteen inches high wide;"
SECTION 7. Section 61-4-1510 of the 1976 Code is amended to read:
"Section 61-4-1510. Before a person constructs, maintains, or operates a brewery or winery under as provided by the provisions of this article, the person must apply to the department for a permit. The application must be in writing in a form the department prescribes. Except as otherwise provided in this section, the applicant must pay a biennial permit tax of two hundred dollars upon each brewery and on each commercial winery to be established and operated. The permit tax must be paid to and collected by the department before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises must pay a permit fee of ten dollars biennially. Permits under as provided by the provisions of this section expire December biennially as mandated by Section 61-2-120. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer who begins business during one of these intervals must pay for the eighth of the permit period in which business is begun and for the eighth of the permit period during the remainder of the period. No refund may be made to a dealer who ceases business after obtaining a permit."
SECTION 8. Section 61-6-180(B)(4) of the 1976 Code, as last amended by Act 304 of 2000, is further amended to read:
"(4) cover a space at least twelve inches wide high and eighteen inches high wide;"
SECTION 9. Section 61-6-500 of the 1976 Code is amended to read:
"Section 61-6-500. (A) Notwithstanding any other provision of law, a permit not to exceed seventy-two hours to the authorities in charge of a publicly-owned auditorium, coliseum, or armory may allow the possession and consumption of beer, wine, and alcoholic liquors must be issued upon request to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. This permit is for the benefit of any person leasing or otherwise lawfully using the subject on their premises.
(B) It is unlawful for a person to possess or consume beer, wine, or alcoholic liquors on the premises of a publicly-owned auditorium, coliseum, or armory unless the authorities in charge specifically have approved the possession or consumption of those beverages. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
SECTION 10. Section 61-6-1510 of the 1976 Code is amended to read:
"Section 61-6-1510. A retail dealer must maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building, except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.
Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.
A sign not to exceed thirty-six inches in diameter may be attached to the front of the building or may be suspended from the front of the building. The words "ABC Package Store", the owner's name, and license number may appear on the sign. Letters must be white with a red background, must be no more than six inches high, and must be no more than four inches wide. A retail dealer may attach to his store one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words "ABC Package Store" in black letters. No other letters or symbols may be placed on this sign.
Retail dealers may place signs containing the words "ABC Package Store" in shopping center directories as long as the signs are the same size as those listing other stores in the directory.
A retail dealer may place one sign not exceeding three feet by three feet off his licensed premises. This sign may only be white, and may only contain the words "ABC Package Store" in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.
A retail dealer may place a reasonable number of signs on his licensed premises indicating the designated parking for his licensed premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words "ABC Package Store Parking" in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.
Except as provided in Sections 61-6-1520 and 61-6-1530, signs by retail dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.
Retail dealers are prohibited from using in an advertisement for alcoholic liquor or wine a subject matter, language, or slogans addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquor or wine."
SECTION 11. Section 61-6-1600 of the 1976 Code is amended to read:
"Section 61-6-1600. (A) Nonprofit organizations A nonprofit organization which are is licensed by the department under pursuant to the provisions of this article may sell alcoholic liquors in minibottles. Members or guests of members of these organizations A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license."
SECTION 12. Section 61-6-1610(B) of the 1976 Code is amended to read:
"(B) Notwithstanding any other provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in the area."
SECTION 13. Section 61-6-1610 of the 1976 Code is amended by adding:
"(D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license."
SECTION 14. Section 61-6-1820(5)(d) of the 1976 Code is amended to read:
"(d) cover a space at least eleven twelve inches wide high and eight and one-half eighteen inches high wide;"
SECTION 15. The introductory paragraph of Section 61-6-2010(B)(1) of the 1976 Code, as last amended by Act 353 of 2002, is further amended to read:
"(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:"
SECTION 16. Section 61-6-2010(C)(1) of the 1976 Code is 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 seven thousand five hundred qualified electors of the county or municipality, as the case may be. 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 must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. 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 be one of the following:
'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 consumption-on-premises sales?' or
'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 authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'"
SECTION 17. Section 61-6-4010 of the 1976 Code is amended to read:
"Section 61-6-4010. (A) Except in accordance with the provisions of this title, it It is unlawful for a person to:
(1) manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except liquors acquired in a lawful manner and except in accordance with the provisions of this title; or
(2) accept, receive, or have in possession alcoholic liquors for unlawful use pursuant to the provisions of this title.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a)(1) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;
(b)(2) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and
(c)(3) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years."
SECTION 18. Section 61-6-4170 of the 1976 Code is amended to read:
"Section 61-6-4170. (A) It is unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets by using any subject matter, language, or slogan addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquors. These advertisements must be immediately destroyed by peace officers upon discovery.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a)(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(b)(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(c)(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."
SECTION 19. Section 12-21-1040 of the 1976 Code is repealed.
SECTION 20. This act takes effect upon approval by the Governor.
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