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S. 66
STATUS INFORMATION
General Bill
Sponsors: Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander
Document Path: l:\s-res\lam\001alco.dag.doc
Introduced in the Senate on January 9, 2007
Introduced in the House on February 22, 2007
Last Amended on February 20, 2007
Currently residing in the House Committee on Judiciary
Summary: Alcoholic beverages
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/29/2006 Senate Prefiled
11/29/2006 Senate Referred to Committee on Judiciary
1/9/2007 Senate Introduced and read first time SJ-53
1/9/2007 Senate Referred to Committee on Judiciary SJ-53
1/17/2007 Senate Referred to Subcommittee: Gregory (ch), Elliott,
Anderson, Ritchie, Cleary
2/7/2007 Senate Committee report: Favorable with amendment Judiciary
SJ-31
2/8/2007 Senate Amended SJ-21
2/20/2007 Senate Amended SJ-17
2/20/2007 Senate Read second time SJ-17
2/21/2007 Senate Read third time and sent to House SJ-30
2/22/2007 House Introduced and read first time HJ-7
2/22/2007 House Referred to Committee on Judiciary HJ-7
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
11/29/2006
2/7/2007
2/8/2007
2/20/2007
Indicates Matter Stricken
Indicates New Matter
AMENDED
February 20, 2007
S. 66
Introduced by Senators Martin, Cromer, Vaughn, Knotts, Cleary, Leatherman, Verdin, Fair and Alexander
S. Printed 2/20/07--S.
Read the first time January 9, 2007.
TO AMEND SECTIONS 61-4-90 AND 61-6-4070 OF THE 1976 CODE, RELATING TO THE TRANSFER OF AN ALCOHOLIC BEVERAGE TO A MINOR, TO PROVIDE THAT IT IS UNLAWFUL TO TRANSFER AN ALCOHOLIC BEVERAGE TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS REGARDLESS OF THE MINOR'S INTENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-80 of the 1976 Code is amended to read:
"Section 61-4-80. It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on the premises. A person who violates this section must, upon conviction, be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days."
SECTION 2. Section 61-4-90 of the 1976 Code is amended to read:
"Section 61-4-90. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
(B) The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the beverage is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor.
(C) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(D) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(E) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
SECTION 3. Section 61-6-4070 of the 1976 Code is amended to read:
"Section 61-6-4070. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State, unless the person under the age of twenty-one is enlisted by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
(B) The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor.
(C) Persons eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(D) This section does not apply to any employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(E) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course which has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
SECTION 4. Section 56-1-746(A) of the 1976 Code is amended to read:
"Section 56-1-746. (A) The Department of Motor Vehicles shall suspend the driver's license of any a person convicted of the offenses contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-50, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 61-6-4080, 20-7-8920, and 20-7-8925 as follows:
(1) for a conviction for a first offense, for a period of ninety days;
(2) for a conviction for a second or subsequent offense, for a period of six months."
SECTION 5. This act takes effect upon approval by the Governor.
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