View Amendment Current Amendment: JUD3385.005.docx to Bill 3385     Senators CAMPBELL and CLEARY proposed the following amendment (JUD3385.005):

    Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:

    /     SECTION     1.     Section 61-6-4160 of the 1976 Code is amended to read:

    "Section 61-6-4160.     It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on statewide election days, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. It is unlawful for retail liquor stores to sell liquors on Christmas Day and Thanksgiving Day. Full authority to proclaim these periods is conferred upon the Governor in addition to all his other powers. A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
    (a)     for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
    (b)     for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
    (c)     for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years."

    SECTION     2.     Section 61-6-1500 of the 1976 Code is amended to read:

    "Section 61-6-1500.(A)         A retail dealer may not:
        (1)     sell, barter, exchange, give, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, of alcoholic liquors without regard to the size of the container:
            (a)     between the hours of 7:00 p.m. and 9:00 a.m.;
            (b)     for consumption on the premises;
            (c)     to a person under twenty-one years of age;
            (d)     to an intoxicated person; or
            (e)     to a mentally incompetent person; or
            (f)     to another dealer, except as provided in Section 61-6-950, or between locations owned by the same retail dealer;
        (2)     permit the drinking of alcoholic liquors in his store or place of business;
        (3)     sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:
            (a)     the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and
            (b)     the electronic transfer is initiated by the retailer no later than one business day after delivery; or
        (4)     redeem proof-of-purchase certificates for any promotional item.
    However, during restricted hours a retail dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.
    (B)(1)     It is unlawful for a person licensed to sell alcoholic liquors pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.
        (2)     A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
            (a)     for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
            (b)     for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.
        (3)     In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department. A third or subsequent violation of subsection (A)(1)(f) within three years of the first violation must result in a mandatory suspension of the license or permit for a period of at least thirty days.
        (4)     The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
    (C)     A retail dealer must keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.
    (D)     It is unlawful to sell alcoholic liquors except during lawful hours of operation."

SECTION     3.     Section 61-6-1560 of the 1976 Code is amended to read:

    "Section 61-6-1560.     (A)     Notwithstanding any other provision of law, a retail dealer, wholesaler, or producer may offer discounts on alcoholic liquors or nonalcoholic items through the use of premiums, coupons, or stamps redeemable by mail.
    (B)     In addition to the provisions of subsection (A), a retail dealer may offer a discount on a sale of alcoholic liquor or nonalcoholic items at the register through the use of premiums, coupons, or stamps, so long as the cost related to the discount is provided only by the retail dealer and is not prohibited by any federal law."        

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

    Renumber sections to conform.
    Amend title to conform.