South Carolina General Assembly
117th Session, 2007-2008

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A320, R400, S96

STATUS INFORMATION

General Bill
Sponsors: Senators Sheheen and Fair
Document Path: l:\s-res\vas\001awol.dag.doc

Introduced in the Senate on January 9, 2007
Introduced in the House on February 14, 2007
Last Amended on June 5, 2008
Passed by the General Assembly on June 5, 2008
Became law without Governor's signature, June 17, 2008

Summary: Alcohol

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/29/2006  Senate  Prefiled
  11/29/2006  Senate  Referred to Committee on Judiciary
    1/9/2007  Senate  Introduced and read first time SJ-68
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-68
   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-19
    2/8/2007  Senate  Read second time SJ-19
    2/9/2007          Scrivener's error corrected
   2/13/2007  Senate  Read third time and sent to House SJ-18
   2/14/2007  House   Introduced and read first time HJ-5
   2/14/2007  House   Referred to Committee on Judiciary HJ-5
   5/13/2008  House   Committee report: Favorable with amendment Judiciary HJ-7
   5/15/2008  House   Debate adjourned until Tuesday, May 20, 2008 HJ-34
   5/20/2008  House   Debate adjourned until Wednesday, May 21, 2008 HJ-25
   5/21/2008  House   Debate adjourned HJ-26
   5/22/2008  House   Requests for debate-Rep(s). Kennedy and Gullick HJ-11
   5/22/2008  House   Amended HJ-11
   5/22/2008  House   Read second time HJ-16
   5/23/2008          Scrivener's error corrected
   5/27/2008  House   Read third time and returned to Senate with amendments 
                        HJ-12
   5/28/2008  Senate  House amendment amended SJ-114
   5/28/2008  Senate  Returned to House with amendments SJ-114
    6/4/2008  House   Non-concurrence in Senate amendment HJ-93
    6/4/2008  Senate  Senate insists upon amendment and conference committee 
                        appointed Rankin, Sheheen, and Cleary SJ-169
    6/5/2008  House   Conference committee appointed Reps. Clemmons, Crawford, 
                        and Weeks HJ-43
    6/5/2008  House   Conference report received and adopted HJ-207
    6/5/2008  Senate  Conference report adopted SJ-38
    6/5/2008  House   Ordered enrolled for ratification HJ-210
   6/10/2008          Ratified R 400
   6/17/2008          Became law without Governor's signature
   6/23/2008          Copies available
   6/23/2008          Effective date 06/17/08
   7/11/2008          Act No. 320

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/29/2006
2/7/2007
2/8/2007
2/9/2007
5/13/2008
5/22/2008
5/23/2008
5/28/2008
6/5/2008


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

(A320, R400, S96)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-4155 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO USE, OFFER FOR USE, PURCHASE, OFFER TO PURCHASE, SELL, OFFER TO SELL, OR POSSESS AN ALCOHOL WITHOUT LIQUID DEVICE AND TO PROVIDE PENALTIES AND EXCEPTIONS; TO AMEND SECTION 61-6-20, AS AMENDED, RELATING TO DEFINITIONS OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO AMEND THE DEFINITION OF "BONA FIDE ENGAGED PRIMARILY AND SUBSTANTIALLY IN THE PREPARATION AND SERVING OF MEALS"; AND TO AMEND SECTION 61-6-1610, AS AMENDED, RELATING TO THE SALE AND CONSUMPTION OF ALCOHOLIC LIQUORS BY THE DRINK IN FOOD-SERVICE ESTABLISHMENTS OR PLACES OF LODGING, SO AS TO DEFINE THE TERMS "KITCHEN", "MEAL", AND "PRIMARILY" FOR PURPOSES OF THE SECTION.

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

Alcoholic Beverage Control Act, unlawful use of alcohol without liquid device, penalties, exceptions

SECTION    1.    Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-4155.    (A)    As used in this section, 'alcohol without liquid device' means a device, machine, apparatus, or appliance that is designed or marketed for the purpose of mixing alcohol with pure or diluted oxygen, or another gas, to produce an alcoholic vapor that an individual can inhale or snort. An alcohol without liquid device does not include an inhaler, nebulizer, atomizer, or other device that is designed and intended by the manufacturer to dispense a prescribed or over-the-counter medication.

(B)    It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess an alcohol without liquid device.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(1)    for a first offense, by a fine of three hundred dollars;

(2)    for a second offense, by a fine of seven hundred fifty dollars or imprisonment for not more than six months, or both;

(3)    for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for not more than two years, or both.

(C)    Except as provided in subsection (D) of this section, an alcohol without liquid device must be seized by a law enforcement officer and be taken before any magistrate of the county in which the alcohol without liquid device is seized, the magistrate shall immediately examine it, and if satisfied that it is an alcohol without liquid device, direct that it be destroyed immediately after conviction of the violator.

(D)    This section shall not apply to a health care provider that operates primarily for the purpose of conducting scientific research, a state institution conducting bona fide research, a private college or university conducting bona fide research, or to a pharmaceutical company or biotechnology company conducting bona fide research."

Alcoholic Beverage Control Act, definition

SECTION    2.    Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2)    'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business that provides facilities for seating not fewer than forty persons simultaneously at tables for the service of meals and that:

(a)    is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;

(b)    has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and

(c)    prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."

Alcoholic Beverage Control Act, definitions

SECTION    3.    Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection to read:

"( )    For the purpose of this section:

(1)    'Kitchen' means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2)    'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this statute.

(3)    'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 10th day of June, 2008.

Became law without the signature of the Governor -- 6/17/08.

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This web page was last updated on Monday, October 10, 2011 at 1:26 P.M.