South Carolina General Assembly
116th Session, 2005-2006

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H. 3638

STATUS INFORMATION

General Bill
Sponsors: Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J.H. Neal, Pinson, E.H. Pitts, M.A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F.N. Smith, G.R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon, Scott and Mahaffey
Document Path: l:\council\bills\ggs\22943dw05.doc
Companion/Similar bill(s): 165, 526, 3676

Introduced in the House on February 24, 2005
Introduced in the Senate on May 3, 2005
Last Amended on April 27, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Alcoholic liquor sold by the drink

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/24/2005  House   Introduced and read first time HJ-9
   2/24/2005  House   Referred to Committee on Ways and Means HJ-12
   4/13/2005  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-15
   4/19/2005  House   Member(s) request name added as sponsor: Scott
   4/19/2005  House   Requests for debate-Rep(s). Cotty, Perry, Funderburk, 
                        Coates, McGee, Loftis, JR Smith, Sinclair, Ceips, 
                        Herbkersman, Clyburn, Jefferson, Parks, and GR Smith 
                        HJ-127
   4/26/2005  House   Member(s) request name added as sponsor: Mahaffey
   4/27/2005  House   Amended HJ-174
   4/27/2005  House   Read second time HJ-225
   4/27/2005  House   Roll call Yeas-101  Nays-8 HJ-225
   4/28/2005  House   Read third time and sent to Senate HJ-28
    5/3/2005  Senate  Introduced and read first time SJ-20
    5/3/2005  Senate  Referred to Committee on Judiciary SJ-20
    5/9/2005  Senate  Referred to Subcommittee: Elliott (ch), Ford, Knotts, 
                        Sheheen

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/24/2005
4/13/2005
4/27/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 27, 2005

H. 3638

Introduced by Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J.H. Neal, Pinson, E.H. Pitts, M.A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F.N. Smith, G.R. Smith, Toole, Townsend, Vick, Whipper, Whitmire, Witherspoon, Scott and Mahaffey

S. Printed 4/27/05--H.

Read the first time February 24, 2005.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION AND TO PROVIDE AN EXCEPTION; BY ADDING SECTION 61-6-1637 SO AS TO PROHIBIT A PERSON OR HIS AGENT LICENSED UNDER ARTICLE 5, CHAPTER 6, TITLE 61 FROM SUBSTITUTING ANOTHER BRAND OF ALCOHOLIC LIQUOR IN PLACE OF THE BRAND SPECIFIED BY THE CUSTOMER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A PENALTY; BY ADDING 61-6-1638 SO AS TO REQUIRE ALL BILLS OR INVOICES FOR DELIVERIES OF ALCOHOLIC LIQUORS TO RETAIL ESTABLISHMENTS LICENSED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS MUST CLEARLY STATE THE TRANSPORTATION CHARGE OR DELIVERY FEE; BY ADDING SECTION 61-6-1650 SO AS TO PROHIBIT A LICENSEE OR HIS AGENT FROM KNOWINGLY OR WILFULLY REFILLING OR REUSING A BOTTLE OF LAWFULLY PURCHASED ALCOHOLIC LIQUORS OR OTHERWISE TAMPER WITH THE CONTENTS OF THE BOTTLE; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO DISTRIBUTIONS FROM THE LOCAL GOVERNMENT FUND, SO AS TO FURTHER PROVIDE FOR THE AMOUNT OF THE DISTRIBUTION TO COUNTIES THAT MUST BE USED FOR ALCOHOL EDUCATION AND ALCOHOLISM AND DRUG REHABILITATION; TO AMEND SECTION 12-33-245, RELATING TO THE TWENTY-FIVE CENTS TAX ON EACH CONTAINER OF ALCOHOLIC LIQUOR SOLD IN MINIBOTTLES, SO AS TO IMPOSE INSTEAD AN EXCISE TAX ON THE GROSS PROCEEDS OF SALES OF ALCOHOLIC LIQUOR BY THE DRINK FOR ON-PREMISES CONSUMPTION IN LICENSED ESTABLISHMENTS, TO REQUIRE THOSE ENTITIES THAT ARE ALLOCATED AND RECEIVE MINIBOTTLE TAX REVENUES IN 2004-05 MUST RECEIVE THE SAME AMOUNT OF REVENUES FROM THE COMBINATION OF MINIBOTTLE TAX REVENUES AND LIQUOR BY THE DRINK REVENUES, AND TO PROVIDE A PROCEDURE FOR REBATING TAXES TO ESTABLISHMENTS RETURNING UNUSED MINIBOTTLES; TO AMEND SECTION 61-6-20, RELATING TO THE DEFINITIONS USED IN THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE A DEFINITION OF "ALCOHOLIC LIQUOR BY THE DRINK" THAT INCLUDES MINIBOTTLES AND OTHER CONTAINERS REGARDLESS OF SIZE; TO AMEND SECTION 61-6-700, RELATING TO ESTABLISHMENTS WHICH USE ALCOHOLIC BEVERAGES SOLELY IN THE PREPARATION OF FOODS TO BE SERVED BY THE ESTABLISHMENTS, SO AS TO DELETE THE REFERENCE TO MINIBOTTLES; TO AMEND 61-6-1300, RELATING TO RESTRICTIONS ON WHOLESALERS OF ALCOHOLIC LIQUORS, SO AS TO PROHIBIT A MANUFACTURER, DISTILLER, IMPORTER, OR WHOLESALER FROM OFFERING CERTAIN EQUIPMENT OR DISCOUNTS TO RETAILERS AND PROHIBIT RETAILERS FROM ACCEPTING THIS EQUIPMENT, AND PROVIDE THAT DISCOUNTS TO ALL CUSTOMERS MUST BE BASED ON THE TYPE OF PRODUCT AND APPEAR ON SALES RECORDS AND MUST BE UNIFORMLY OFFERED; TO AMEND SECTION 61-6-1500, AS AMENDED, RELATING TO THE PROHIBITION ON THE RETAIL DEALER OF MINIBOTTLES, SO AS TO DELETE THE REQUIREMENT TO MINIBOTTLES; TO AMEND SECTION 61-6-1600, AS AMENDED, RELATING TO NONPROFIT ORGANIZATIONS BEING LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO BUSINESS ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO ALSO AUTHORIZE THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK AND TO MAKE CONFORMING CHANGES; TO AMEND SECTION 61-6-1620, RELATING TO RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO DELETE THE RESTRICTIONS AND TO AUTHORIZE THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS IN CONTAINERS OTHER THAN MINIBOTTLES ON LICENSED PREMISES; TO AMEND SECTION 61-6-1825, RELATING TO THE PROCEDURES TO PROTEST THE ISSUANCE OR RENEWAL OF A MINIBOTTLE LICENSE, SO AS TO DELETE THE TERM "MINIBOTTLE" AND TO MAKE THE PROCEDURES APPLY TO ANY BIENNIAL LICENSE FOR ON-PREMISES CONSUMPTION; TO AMEND SECTION 61-6-2000, AND SECTION 61-6-2005, AS AMENDED, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS, SO AS TO PROVIDE THAT THE LICENSE AUTHORIZES THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2010, AS AMENDED, RELATING TO TEMPORARY PERMITS AUTHORIZED THROUGH A REFERENDUM, SO AS TO REMOVE THE REFERENCES TO ALCOHOLIC LIQUORS "IN SEALED CONTAINERS OF TWO OUNCES OR LESS"; TO AMEND SECTION 61-6-2200, RELATING TO THE AGE OF THE SERVER OF ALCOHOLIC LIQUORS IN ON-PREMISES ESTABLISHMENTS, SO AS TO PROVIDE THE SERVER, WHO IS EIGHTEEN YEARS OF AGE OR OLDER, ALSO MAY SERVE ALCOHOLIC LIQUORS BY THE DRINK; TO AMEND SECTION 61-6-2400, RELATING TO THE TAXABLE MINIBOTTLE, SO AS TO DELETE A REFERENCE TO "MINIBOTTLE" AND REPLACE IT WITH "LIQUOR SOLD BY THE DRINK"; AND TO AMEND SECTION 61-6-2600, RELATING TO THE PENALTIES FOR VIOLATING ARTICLE 5, CHAPTER 6, TITLE 61, CONCERNING THE REGULATION OF ALCOHOLIC LIQUORS IN MINIBOTTLES, SO AS TO REMOVE THE REFERENCE TO MINIBOTTLES AND TO PROVIDE THAT A PERSON WHO ACTS TO AVOID THE PAYMENT OF THE EXCISE TAX IMPOSED ON THE SERVING OF ALCOHOLIC BEVERAGES BY THE DRINK IS SUBJECT TO THE PENALTIES OF THIS SECTION.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1636.    (A)    Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a wholesale distributor and a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act.

(B)    Alcoholic liquor for sale by the drink may be purchased in any size bottle except 1.75 liter size bottles by a person licensed by this article for sale and use for on-premises consumption from a licensed wholesale distributor.

(C)    Both wholesale distributors and licensed retail dealers with a wholesale's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor for sale by the drink to a person licensed by this article for sale for on-premises consumption.

Section 61-6-1637.    A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.

Section 61-6-1638.    If a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or a wholesale distributor charges for delivery, then all bills or invoices for delivery of alcoholic liquors to a retail establishment licensed for on-premises consumption of alcoholic liquors must clearly state the transportation charge or delivery fee."

SECTION    2.    Subarticle 1, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1650.    (A)    A licensee or his agent, knowingly and wilfully, may not refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquors, or otherwise tamper with the contents of the bottle.

(B)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(2)    for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(C)    In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(D)    The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section."

SECTION    3.    Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-2430.    A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license. A wholesale distributor of alcoholic liquor also may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all accounts possessing an on-premise consumption license, provided, however, the quantity discount offered to the on-premises licensee may not be greater than the discount offered on the same product, at the same quantity, to a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act, or the holder of any other alcoholic liquor retail license."

SECTION    4.    Section 6-27-40(B) of the 1976 Code, as amended by Act 415 of 1996, is further amended to read:

"(B)    In making the quarterly distribution to counties, the State Treasurer must shall notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census."

SECTION    5.    Section 12-33-245 of the 1976 Code is amended to read:

"Section 12-33-245.    (A)    In lieu of addition to taxes imposed under pursuant to the provisions of Sections 12-33-230, and 12-33-240, Article 5 of this chapter, and Chapter 36, Title 12, there is imposed an excise tax equal to five percent of the gross proceeds of the sales of alcoholic liquor liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply by the drink for on-premises consumption in an establishment licensed for sales pursuant to Article 5, Chapter 6, Title 61. All proceeds of this excise tax must be deposited to the credit of the general fund of the State. Except with respect to the distribution of the revenue of this tax, this excise tax is considered to be imposed pursuant to Chapter 36, Title 12. For purposes of this subsection, 'gross proceeds of sales' has the meaning as provided in Section 12-36-90, except that the sales tax imposed under Chapter 36, Title 12 is not included in 'gross proceeds of sales'.

(B)    Eleven percent of the revenue generated by the excise tax provided for in subsection (A) must be placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. On a quarterly basis, the State Treasurer shall allocate this revenue to counties on a per capita basis according to the most recent United States Census. The State Treasurer must shall notify each county of the allocation pursuant to this subsection in addition to the funds allocated pursuant to Section 6-27-40(B), and the combination of these funds must be used by counties for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties A county may pool these funds with other counties and may combine these funds with other funds for the same purpose.

(C)    Those state agencies and local entities including counties which are allocated and receive by law minibottle tax revenues in fiscal year 2004-05 for educational, prevention, and other purposes, shall receive at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did from minibottle tax revenues during fiscal year 2004-05. If these state agencies and local entities do not, the difference must be made up from the state general fund within sixty days after the close of that fiscal year."

SECTION    6.    Section 12-36-90(2) of the 1976 Code, as last amended by Act 237 of 2004, is further amended by adding an appropriately lettered subitem to read:

"( )    the alcoholic liquor by the drink excise tax imposed by Section 12-33-245."

SECTION    7.    Section 61-4-120 of the 1976 Code, as last amended by Act 70 of 2003, is further 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 by the drink 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."

SECTION    8.    Section 61-4-570 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-570.    Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises."

SECTION    9.    Section 61-4-770 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-770.    Wines containing more than sixteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles by the drink."

SECTION    10.    Section 61-4-1720 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-1720.    The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title."

SECTION    11.    Section 61-6-20(1) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(1)(a)    'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof of them by whatever name called or known which contains alcohol and is used as a beverage, but does not include:

(a)(i)    wine when manufactured or made for home consumption and which is not sold by the maker thereof of the wine or by another person; or

(b)(ii)    a beverage declared by statute to be nonalcoholic or nonintoxicating;.

(b)    'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size for consumption on the premises of a business licensed pursuant to Article 5 of this chapter."

SECTION    12.    Section 61-6-20(5) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(5)    'Minibottle' means a sealed container of two ounces fifty milliliters or less of alcoholic liquor."

SECTION    13.    Section 61-6-185 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-185.    (A)    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 providing:

(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 Court.

(B)    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 Court. 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 Court.

(C)    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.

(D)    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."

SECTION    14.    Section 61-6-700 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-700.    An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under pursuant to the provisions of this title must be revoked.

The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under pursuant to the provisions of Article 5 of this chapter. Establishments An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation."

SECTION    15.    Section 61-6-1300 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1300.    (A)    No A wholesaler wholesale distributor may not:

(1)    sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;

(2)    permit the drinking of alcoholic liquors on his premises;

(3)    condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;

(4)    sell alcoholic liquors between the times of sundown and sunrise;

(5)    sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;

(6)    directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or

(7)    redeem proof-of-purchase certificates for any promotional item.

(B)    A manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free product, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free product, or service referred to in this subsection from a manufacturer, distiller, importer, or wholesale distributor of alcoholic liquors."

SECTION    16.    Section 61-6-1500 of the 1976 Code, as last amended by Act 40 of 2003, is further amended to read:

"Section 61-6-1500.    (A)    No A retail dealer may not:

(1)    sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2)    own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3)    notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his possession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

(4)    sell, barter, exchange, give, transfer, or deliver, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, transfer, or delivery of alcoholic liquors:

(a)    between the hours of 7:00 p.m. and 9:00 a.m.;

(b)    for consumption on the premises;

(c)    to a person under twenty-one years of age;

(d)    to an intoxicated person; or

(e)    to a mentally incompetent person;

(5)(2)    permit the drinking of alcoholic liquors in his store or place of business;

(6)(3)    sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)    the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)    the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(7)(4)    redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours a retail dealers are dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)    The provisions of subsection (A) relating to quantities of less than two hundred milliliters do not apply to:

(a)    minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or

(b)    minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

(2)    It is unlawful for a person, or his agent, licensed to sell alcoholic liquors under pursuant to the provisions of this section to refill a minibottle container of alcoholic liquor. A person who violates this provision must, upon conviction, must have his license revoked permanently.

(3)    A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

(4)    It is unlawful to sell minibottles except during lawful hours of operation.

(5)    A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this subsection, 'a person licensed under Article 5 of this chapter' includes a person's designated agent as a purchaser.

(C)    A retail dealer shall keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size."

SECTION    17.    Section 61-6-1600 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-1600.    (A)    A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors in minibottles by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold in minibottles by the drink 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    18.    Section 61-6-1610 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-1610.    (A)    Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles by the drink in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:

(1)    the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and

(2)    the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is displayed conspicuously displayed on the main entrance to the premises and clearly visible from the outside.

(B)    Notwithstanding any other another 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 by the drink 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 even though food may be served in the area.

(C)    An establishment licensed under pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.

(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.

(E)    It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and willfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.

(1)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a)    for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b)    for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.

(F)    In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.

(G)    The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently."

SECTION    19.    Section 61-6-1620(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(A)    This article must not be construed to authorize authorizes the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections Section 61-6-1600 or 61-6-1610."

SECTION    20.    Section 61-6-1630 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1630.    (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, 'a person licensed under this article' includes his designated agent as a purchaser.

(B)    No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises."

SECTION    21.    Section 61-6-1825 of the 1976 Code, as added by Act 363 of 1998, is amended to read:

"Section 61-6-1825.    (A)    A person residing in the county in which a minibottle license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a minibottle permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest setting forth providing:

(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 Court.

(B)    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 Court. 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 Court.

(C)    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.

(D)    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."

SECTION    22.    Section 61-6-2000 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2000.    In addition to the minibottle licenses authorized under pursuant to the provisions of subarticle 1 of this article, the department also may also issue a temporary license for a period not to exceed twenty-four hours to a nonprofit organizations organization which authorizes these organizations an organization to purchase and sell at a single social occasion alcoholic liquors in minibottles by the drink. Notwithstanding any other another provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons a person with a biennial minibottle licenses are license is authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under pursuant to the provisions of this section is within the sole discretion of the department."

SECTION    23.    Section 61-6-2005(A) of the 1976 Code, as last amended by Act 442 of 1998, is further amended to read:

"(A)    A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less by the drink from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:

(1)    the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less by the drink; or

(2)    the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days."

SECTION    24.    Section 61-6-2010 of the 1976 Code, as last amended by Act 70 of 2003, is further amended to read:

"Section 61-6-2010.    (A)    In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable-filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also shall offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per each year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must shall prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.

(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:

(a)    capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b)    purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c)    festivals which that have a demonstrable and significant impact on tourism;

(d)    local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e)    contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, of Title 51;

(f)    contributions to a redevelopment authority pursuant to Section 31-12-10, et seq. Chapter 12, Title 31;

(g)    acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;

(h)    nourishment, renourishment (resanding), and maintenance of beaches;

(i)    dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j)    maintenance of public beach access;

(k)    capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and

(l)    construction and maintenance of drainage systems.

(2)    The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1)    Permits A permit 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 must be one of the following:

(a)    '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 by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or

(b)    '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 by the drink 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?' or

(c)    in case of a county or municipality where temporary permits are authorized to be issued pursuant to this section as of June 21, 1993, the question may be 'Shall the 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 sale of beer and wine at permitted off-premises locations without regard to the days or hours of 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 for a referendum for this purpose must be paid by the county or municipality conducting the referendum.

(D)(1)    The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less by the drink in the following circumstances:

(a)    parts of the municipality are located in more than one county;

(b)    as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and

(c)    the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.

(2)    The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.

(3)    Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must shall conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."

SECTION    25.    Subarticle 7, Article 5, Chapter 6, Title 61 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Subarticle 7

Provisions Relating to Sales, Delivery, and Consumption of Liquor in Minibottles

Section 61-6-2200.    No A person may not serve or deliver to a purchaser alcoholic liquors in minibottles by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.

Section 61-6-2210.    The purchaser of a minibottle for on-premises consumption must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.

Section 61-6-2220.    No person or establishment licensed to sell alcoholic beverages liquors or liquor by the drink pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.

Section 61-6-2230.    (A)    No person licensed to sell alcoholic beverages liquors or liquor by the drink 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."

SECTION    26.    Section 61-6-2400 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2400.    Alcoholic liquors sold in minibottles by the drink must be taxed pursuant to Chapter 33, Title 12."

SECTION    27.    Section 61-6-2600 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2600.    Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Section 12-33-245(A), or who violates any other another provision of this article must:

(1)    for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2)    for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3)    for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;

(4)    for a violation involving the avoidance of taxes, a fine of be fined not less than one thousand dollars and permanent revocation of his license."

SECTION    28.    The provisions of this act apply to all licenses or permits applied for on or after the effective date of this act. This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit.

SECTION    29.    If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the chapter, the General Assembly hereby declaring that it would have passed each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    30.    This act takes effect on January 1, 2006. Each person licensed pursuant to the Alcoholic Beverage Act to sell or purchase minibottles must take an inventory of minibottles in the licensee's possession as of the effective date and send within sixty days a certified copy of the inventory to the Department of Revenue. By no later than January 1, 2006, the department must devise a method whereby the twenty-five cents excise tax on minibottles previously paid by the licensees is credited to each licensee so that on or after the effective date, the tax rate paid on each minibottle is prorated in accordance with the terms of this act.

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This web page was last updated on Friday, December 4, 2009 at 3:42 P.M.