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H. 4656
STATUS INFORMATION
General Bill
Sponsors: Rep. Harrison
Document Path: l:\council\bills\gjk\20847sd06.doc
Introduced in the House on February 14, 2006
Introduced in the Senate on April 25, 2006
Last Amended on May 30, 2006
Currently residing in the Senate
Summary: Sale of alcohol
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/14/2006 House Introduced and read first time HJ-24
2/14/2006 House Referred to Committee on Judiciary HJ-24
4/19/2006 House Committee report: Favorable Judiciary HJ-41
4/20/2006 House Read second time HJ-34
4/20/2006 House Unanimous consent for third reading on next legislative
day HJ-35
4/21/2006 House Read third time and sent to Senate HJ-2
4/25/2006 Senate Introduced and read first time SJ-12
4/25/2006 Senate Referred to Committee on Judiciary SJ-12
4/25/2006 Senate Referred to Subcommittee: Elliott (ch), Ford, Knotts,
Ritchie, Sheheen
5/17/2006 Senate Committee report: Favorable with amendment Judiciary
SJ-14
5/18/2006 Scrivener's error corrected
5/30/2006 Senate Amended
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/14/2006
4/19/2006
5/17/2006
5/18/2006
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 17, 2006
H. 4656
S. Printed 5/17/06--S. [SEC 5/18/06 4:24 PM]
Read the first time April 25, 2006.
To whom was referred a Bill (H. 4656) to amend Section 61-6-2010, as amended, Code of Laws of South Carolina, 1976, relating to temporary permits upon a favorable referendum vote allowing the possession, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 61-4-10 of the 1976 Code, as added by Act 415 of 1996, is further amended to read:
"Section 61-4-10. All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five fourteen percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages."
SECTION 2. Section 61-6-510 of the 1976 Code, as added by Act 415 of 1996, is redesignated as Section 61-6-2015 in subarticle 5, Article 5, Chapter 6 of Title 61.
SECTION 3. Section 61-6-1610(A)(2) of the 1976 Code, as last amended by Act 139 of 2005, is further amended to read:
"(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors by the drink, which is displayed conspicuously on the main entrance to the premises and clearly visible from the outside."
SECTION 4. Section 61-6-1620 of the 1976 Code, as last amended by Act 139 of 2005, is further amended by adding at the end:
"(C) A licensee may not permit a person to possess or consume liquor on his premises which was not sold by the licensee; except that a person may possess or consume liquor on licensed premises when the liquor was not purchased from the licensee so long as the liquor is possessed and consumed in a separate and private area of the establishment which area a specific individual has leased for a function not open to the general public, and the person is complying with the department's regulations concerning private parties.
(D) A licensee may not permit liquor on the licensed premises other than liquor that the licensee purchased from a retail liquor store that also holds a wholesaler's basic permit pursuant to the Federal Alcohol Administration Act; except that a licensee may permit a person to possess liquor on the premises in accordance with subsection (C) so long as the liquor was purchased from a licensed South Carolina retail liquor store.
(E) A licensee may not sell liquor by the filled or partially filled bottle, other than a fifty milliliter container, and may not permit a customer to remove liquor by the filled or partially filled bottle from the premises, other than a fifty milliliter container."
SECTION 5. Section 61-6-2010 of the 1976 Code, as last amended by Act 259 of 2006, is further amended to read:
"Section 61-6-2010. (A)(1) 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 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 offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year in an amount specified in item (2) of this subsection. 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 prorate the three thousand dollar annual fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(2) The fee for the annual fifty-two week temporary permit shall be prorated based on the number of table seats in the establishment for the service of meals as follows:
Number of seats Fee
40 - 60 $500.00
61 - 80 $1,000.00
81 - 100 $2,000.00
101 and over $3,000.00.
(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 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, Title 51;
(f) contributions to a redevelopment authority pursuant to 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) 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 permit. 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 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 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 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 for a referendum for this purpose must be paid by the county or municipality conducting the referendum.
(4) In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D).
(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 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 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.
(E) Temporary permits for the sale of beer and wine for off-premises consumption authorized to be issued in a county or municipality pursuant to the referendum provided for at that time may continue to be issued or reissued without the requirement of a further referendum."
SECTION 6. Section 61-6-4310 of the 1976 Code, as added by Act 415 of 1996, is further amended to read:
"Section 61-6-4310. Alcoholic liquors seized by the department, its agents, or by the division must be sold by the department division at public auction to the highest bidder after advertisement. The proceeds of the sale must be turned over to the State Treasurer after first paying the cost of confiscation and sale. Alcoholic liquors seized by a peace officer, except the department, its authorized agents, or by the division, must be delivered to the sheriff of the county in which the seizure is made. The sheriff must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of the costs of confiscation and sale, must be immediately turned over to the treasurer of the county in which the seizure was made. However, if a municipal officer makes a seizure, the chief of police must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of costs of confiscation and sale, must be turned over to the treasurer of the municipality in which the seizure was made. No sale of alcoholic liquors seized and sold in accordance with the provisions of this section may be made to a person other than a licensed manufacturer, wholesaler, or retail dealer."
SECTION 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
DICK ELLIOTT for Committee.
TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS UPON A FAVORABLE REFERENDUM VOTE ALLOWING THE POSSESSION, SALE, AND ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK OR ALLOWING THE SALE OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION, SO AS TO PROVIDE THAT IN ADDITION TO THE PETITION METHOD OF CALLING THE REFERENDUM, A COUNTY OR MUNICIPAL GOVERNING BODY BY ORDINANCE MAY ALSO CALL THE REQUIRED REFERENDUM.
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 139 of 2005, is further amended by adding a new item to read:
"(4) In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D)."
SECTION 2. This act takes effect upon approval by the Governor.
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