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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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-90 of the 1976 Code, is amended to read:
"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. 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.
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."
SECTION 2. Section 61-6-4070 of the 1976 Code, is amended to read:
"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. 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.
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."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:07 P.M.