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Indicates Matter Stricken
Indicates New Matter
HOUSE AMENDMENTS AMENDED
May 28, 2008
S. 96
S. Printed 5/28/08--S.
Read the first time January 9, 2007.
TO AMEND CHAPTER 6, TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-6-4155, 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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."
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 which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less 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."
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."
SECTION 4. This act takes effect upon approval by the Governor.
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