H*3567(Rat #0151, Act #0143 of 1995)  General Bill, By Quinn
 A Bill to amend Section 61-1-95, as amended, Code of Laws of South Carolina,
 1976, relating to beer, wine, and alcoholic beverage permits and licenses, so
 as to delete the prohibition on the issue of a permit or license following
 suspension or revocation to any person within the third degree of kinship to
 the person whose permit or license was suspended and to prohibit the issuance
 of a license or permit for one year after the suspension or revocation to a
 person within the second degree of kinship to the person whose permit or
 license was suspended or revoked.-amended title

   02/09/95  House  Introduced and read first time HJ-25
   02/09/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-26
   03/29/95  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-6
   04/04/95  House  Amended HJ-16
   04/04/95  House  Objection by Rep. Simrill, Haskins, Kirsh,
                     Littlejohn & McMahand HJ-17
   04/26/95  House  Objection withdrawn by Rep. Haskins HJ-113
   04/26/95  House  Objection by Rep. Rogers HJ-113
   04/26/95  House  Objection withdrawn by Rep. Rogers HJ-162
   04/26/95  House  Read second time HJ-162
   04/27/95  House  Read third time and sent to Senate HJ-12
   05/01/95  Senate Introduced and read first time SJ-20
   05/01/95  Senate Referred to Committee on Judiciary SJ-20
   05/10/95  Senate Committee report: Favorable Judiciary SJ-13
   05/11/95  Senate Read second time SJ-31
   05/31/95  Senate Amended SJ-137
   05/31/95  Senate  Amendment adoption reconsidered SJ-138
   05/31/95  Senate Read third time and enrolled SJ-138
   06/06/95         Ratified R 151
   06/13/95         Became law without Governor's signature
   06/13/95         Effective date 06/13/95
   08/15/95         Copies available
   08/15/95         Act No. 143

AN ACT TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO PROHIBIT THE ISSUANCE OF A LICENSE OR PERMIT FOR ONE YEAR AFTER THE SUSPENSION OR REVOCATION TO A PERSON WITHIN THE SECOND DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED OR REVOKED.

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

Licenses or permits; surrender; transfer; certain issuances after suspension or revocation prohibited

SECTION 1. Section 61-1-95 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 61-1-95. A person promptly shall surrender a license or permit issued under the provisions of this title upon request of the department. All licenses and permits are the property of the department and are not transferable. All licenses and permits must be surrendered immediately to the department upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.

All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.

When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business may be issued a license or permit for the premises concerned. No person within the second degree of kinship to a person whose license or permit is suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation.

A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 6/13/95.