S 323 Session 110 (1993-1994)
S 0323 General Bill, By Moore, Giese, Mescher, L.E. Richter, Ryberg,
H.S. Stilwell, Waldrep and Wilson
Similar(H 3297)
A Bill to abolish the South Carolina Alcoholic Beverage Control Commission and
transfer its regulatory powers, duties, and responsibilities to the South
Carolina Tax Commission and its regulation and law enforcement and inspection
responsibilities to the State Law Enforcement Division; to amend Sections
61-1-10 and 61-1-20, Code of Laws of South Carolina, 1976, relating to the
Alcoholic Beverage Control Commission, so as to abolish the Commission and
provide for the appointment of an Alcoholic Beverage Control Hearing Officer
within the Tax Commission to be appointed by the Governor with the advice and
consent of the Senate, to provide for the term, duties, powers, and
qualifications of the Officer; to amend Sections 61-1-60, 61-1-65, 61-1-70,
61-1-80, 61-1-90, 61-1-95, and Section 61-3-20, relating to the enforcement of
regulations governing alcoholic beverages and beer and wine, prohibitions as
to certain activities or interests by members or employees of the Alcoholic
Beverage Control Commission; authorization to the Commission to issue
regulations, authority of the Commission to impose penalties, appeals from
decisions of the Commission, condition under which license issued by the
Commission must be surrendered, transferability, suspension, revocation of
these licenses and definitions used in Chapter 3 of Title 61 (the Alcoholic
Beverage Control Act), so as to delete references to the Alcoholic Beverage
Control Commission and transfer its duties, powers, and responsibilities to
the Tax Commission and the State Law Enforcement Division; provide that the
regulations promulgated by the Alcoholic Beverage Control Commission remain in
force until modified or rescinded by the Tax Commission; and to repeal
Sections 61-1-30, 61-1-40, 61-
01/27/93 Senate Introduced and read first time SJ-12
01/27/93 Senate Referred to Committee on Judiciary SJ-13
04/07/93 Senate Committee report: Favorable with amendment
Judiciary SJ-18
04/08/93 Senate Amended SJ-10
04/08/93 Senate Read second time SJ-75
04/08/93 Senate Ordered to third reading with notice of
amendments SJ-75
04/27/93 Senate Amended SJ-30
04/27/93 Senate Read third time and sent to House SJ-35
04/28/93 House Introduced and read first time HJ-16
04/28/93 House Referred to Committee on Judiciary HJ-17
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 27, 1993
S. 323
Introduced by SENATORS Moore, Wilson, Giese, Ryberg, Stilwell,
Richter, Mescher and Waldrep
S. Printed 4/27/93--S.
Read the first time January 27, 1993.
A BILL
TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE
CONTROL COMMISSION AND TRANSFER ITS REGULATORY
POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH
CAROLINA TAX COMMISSION AND ITS REGULATION AND
LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO
THE STATE LAW ENFORCEMENT DIVISION; TO AMEND
SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE
CONTROL COMMISSION, SO AS TO ABOLISH THE
COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN
ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN
THE TAX COMMISSION TO BE APPOINTED BY THE
GOVERNOR WITH THE ADVICE AND CONSENT OF THE
SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND
QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS
GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE,
PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY
MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE
CONTROL COMMISSION; AUTHORIZATION TO THE
COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE
COMMISSION TO IMPOSE PENALTIES, APPEALS FROM
DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH
LICENSE ISSUED BY THE COMMISSION MUST BE
SURRENDERED, TRANSFERABILITY, SUSPENSION, OR
REVOCATION OF THESE LICENSES AND DEFINITIONS USED
IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE
CONTROL ACT), SO AS TO DELETE REFERENCES TO THE
ALCOHOLIC BEVERAGE CONTROL COMMISSION AND
TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO
THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT
DIVISION; PROVIDE THAT THE REGULATIONS
PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL
COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR
RESCINDED BY THE TAX COMMISSION; AND TO REPEAL
SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO
PROHIBITED ACTIVITIES OF THE MEMBERS OF THE
ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER
OF POWERS AND DUTIES FROM THE TAX COMMISSION TO
THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND
THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL
COMMISSION TO APPOINT AN ATTORNEY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As of January 1, 1994:
(1) The South Carolina Alcoholic Beverage Control Commission
ceases to exist as a separate agency or department of state government.
(2) All of the powers, duties, functions, rights, and privileges of the
South Carolina Alcoholic Beverage Control Commission concerning
licensing and assessment of penalties for administrative violation of the
law or regulations are transferred to the South Carolina Tax
Commission.
(3) All of the powers, duties, functions, rights, and privileges of the
South Carolina Alcoholic Beverage Control Commission concerning law
enforcement, regulation enforcement, and inspections are transferred to
the South Carolina Law Enforcement Division.
(4) All records, files, office equipment, and other property of the
South Carolina Alcoholic Beverage Control Commission devoted to the
exercising of all powers and duties are apportioned between the South
Carolina Tax Commission and the South Carolina Law Enforcement
Division as determined by the State Budget and Control Board.
(5) All personnel engaged in the exercise of those powers, duties,
functions, rights, and privileges of the South Carolina Alcoholic
Beverage Control Commission have priority for those positions
necessary to perform those responsibilities that are transferred to the
South Carolina Law Enforcement Division and the South Carolina Tax
Commission. The positions available and the salary paid for these
positions which are transferred must be determined by the State Budget
and Control Board and must be necessary for the proper functioning of
those responsibilities at the South Carolina Law Enforcement Division
and the South Carolina Tax Commission. After the initial transfer is
made, the positions available and the salary paid for these positions must
be determined by the South Carolina Tax Commission or the South
Carolina Law Enforcement Division, as appropriate, and as provided for
in the annual appropriation act.
(6) When the law enforcement personnel of the South Carolina
Alcoholic Beverage Control Commission are transferred to the South
Carolina Law Enforcement Division by the provisions of this act, they
must continue to meet those qualifications and criteria as formerly
applied to them at the South Carolina Alcoholic Beverage Control
Commission but are not automatically considered to have been
appointed South Carolina Law Enforcement Division agents under
Article 3, Chapter 4, Title 12 of the 1976 Code unless further action is
taken to accomplish the same by the Governor and the Chief of the
South Carolina Law Enforcement Division.
(7) All fines, fees, forfeitures, or revenues imposed or secured by the
Divisions of the South Carolina Alcoholic Beverage Control
Commission shall be transferred to the South Carolina Tax Commission
or the South Carolina Law Enforcement Division, depending on the
nature of the fees and as dictated by the State Budget and Control Board
and must continue to be used and expended for those purposes now
provided by law. If a portion of these fines, fees, forfeitures, or revenues
were previously required to be used for the support, benefit, or expense
of the licensing and law enforcement personnel, these funds must
continue to be used for these purposes.
(8) The State Budget and Control Board, in consultation with the
Chief of the South Carolina Law Enforcement Division and the
Chairman of the South Carolina Tax Commission, shall prescribe the
manner in which the provisions of this act must be implemented.
(9) The South Carolina Tax Commission, in consultation with the
South Carolina Attorney General, shall create a list of attorneys qualified
to act as hearing officers for the South Carolina Tax Commission. These
hearing officers shall perform those adjudicatory functions previously
under the purview of the South Carolina Alcoholic Beverage Control
Commission.
(10) The terms of the members of the South Carolina Alcoholic
Beverage Control Commission are terminated upon the effective date of
this act.
SECTION 2. Chapter 1, Title 61 of the 1976 Code is amended to read:
"CHAPTER 1
Alcoholic Beverage Control Commission
General Provisions
Section 61-1-10. There is hereby created the South Carolina
Alcoholic Beverage Control Commission, which shall consist of three
members, to be appointed by the Governor for terms of six years in the
same manner and under the same terms and conditions as the members
of the South Carolina Tax Commission are appointed. Of the members
first appointed, at least two shall be present members of the Tax
Commission, whose terms may be extended so that of the initial
members one shall serve for two years, one shall serve for four years and
one shall serve for six years. (A) The South Carolina Tax
Commission, in consultation with the South Carolina Attorney General,
shall appoint a board of attorneys who are qualified to act as Alcoholic
Beverage Control Hearing Officers, by reason of training, education,
experience, or knowledge of the law. In order to be considered qualified
to act as a hearing officer, a person:
(1) must be licensed to practice law in this State;
(2) must have been licensed to practice law for at least three
years;
(3) must have knowledge of and experience with the South
Carolina Administrative Procedures Act;
(4) must have knowledge of and experience with the laws and
regulations governing alcoholic beverages, beer, and wine;
(5) must have trial experience;
(6) must reside in the congressional district from which he is
appointed; and
(7) must meet other qualifications the Tax Commission and the
Attorney General determine are reasonably necessary for the proper
administration of the laws and regulations governing alcoholic
beverages, beer, and wine.
(B) Any hearing officer appointed for the first time shall serve
initially for a six-month probationary period. After this six month
period, the commission, in consultation with the Attorney General, may
dismiss the hearing officer for lack of ability, malfeasance, misfeasance,
incompetency, conflicts of interest, misconduct, persistent neglect of
duty in office, unsuitability to be a hearing officer, or incapacity.
(C) A maximum of two hearing officers shall be appointed from each
congressional district of this State, with the consent of a majority of the
Senators and a majority of the House members who are members of the
General Assembly from that congressional district. For the purposes of
this section, each member of the General Assembly shall be permitted
to vote only regarding an appointee from the congressional district in
which the majority of the population in his Senate or House district is
located. Hearing officers must be assigned within each congressional
district on a rotational basis to hear cases in the congressional district in
which they reside. If all hearing officers from a congressional district are
prohibited from serving as hearing officers pursuant to subsection (D)
of this section or Section 61-1-50, a hearing officer from another
congressional district may be appointed to serve.
(D) The terms of appointed attorneys are four years and until their
successors are elected and qualify, except that the attorneys first
appointed from the first congressional district shall serve for an initial
term of one year, the attorneys first appointed from the second and third
congressional districts shall serve for initial terms of two years each, the
attorneys first appointed from the fourth congressional district shall
serve for an initial term of three years, and the attorneys first appointed
from the fifth and sixth congressional districts shall serve for initial
terms of four years each. Vacancies shall be filled for the remainder of
the unexpired term by appointment in the same manner of the original
appointment.
(E) The members of the board shall annually elect a chairman and
such other officers as they deem necessary. No officer shall serve for
more than two consecutive years in that capacity.
(F) A hearing officer may not perform any duties or exercise any
authority on matters involving the laws and regulations governing
alcoholic beverages, beer, and wine for a premises that is located in the
county in which the hearing officer resides or maintains his law office
or offices.
(G) Hearing officers must be paid an hourly rate approved by the
Attorney General and must be reimbursed for actual and reasonable
travel expenses incurred in the performance of their duties as hearing
officers.
(H) Attorneys who appointed as hearing officers may not represent
another person on matters relating to alcoholic beverages, beer, and wine
before the South Carolina Tax Commission or its hearing officers. An
attorney whose name was formerly included on the list of persons
eligible to be hearing officers may not represent another person on
matters relating to alcoholic beverages, beer, and wine before the Tax
Commission or its hearing officers for a period of one year after the
attorney's name is removed from the list.
(I) The Attorney General is authorized to provide necessary training
to attorneys upon request to enable attorneys to be certified, and is
authorized to certify qualified attorneys, for the purposes of this section
as having knowledge of and experience with the Administrative
Procedures Act and the laws and regulations governing alcoholic
beverages, beer, and wine.
Section 61-1-20. The Governor shall designate one of the
commissioners as chairman. In addition to other qualifications required
of the chairman by this chapter, the Governor, in selecting the chairman,
shall give consideration to prior service by a candidate for chairman as
either a member of the Tax Commission or an employee of the Tax
Commission, or the Governor may appoint anyone skilled in tax laws
and administration. (A) Alcoholic Beverage Control
Hearing Officers have the following duties:
(1) to hold and conduct hearings on protested applications and
renewals;
(2) to hold and conduct hearings on contested violations;
(3) to issue subpoenas requiring the attendance of witnesses and
the production of records, memoranda, papers, and other documents for
consideration at hearings or before any law enforcement officer;
(4) to administer oaths;
(5) to take testimony; and
(6) to prepare and issue orders to the parties involved within ten
business days of the completion of the hearing.
(B) Alcoholic Beverage Control Hearing Officers are authorized:
(1) to suspend or revoke licenses and permits on behalf of the
commission in all cases where the commission is authorized by the laws
and regulations governing alcoholic beverages, beer, and wine to
suspend or revoke licenses and permits;
(2) to impose a monetary penalty as an alternate to revocation or
suspension on behalf of the commission in all cases where the
commission has the authority to suspend or revoke a license or permit;
(3) to suspend payment of any monetary penalty that has been
imposed instead of revocation or suspension of a license or permit on
behalf of the commission in all cases where the commission has the
authority to do so; and
(4) to perform all adjudicatory functions of the commission
relating to the laws and regulations governing alcoholic beverages, beer,
and wine.
Section 61-1-25. Hearings conducted by a South Carolina
Beverage Control Hearing Officer on protested applications, contested
renewals, and contested violations must be held in one or more central
locations approved by the commission within the congressional district
in which the premises is located for which the license, permit, renewal
or violation is being protested or contested.
Section 61-1-30. No member of the Alcoholic Beverage Control
Commission shall (a) engage in any occupation or business interfering
with or inconsistent with his duties; (b) serve on any committee of a
political party or (c) contribute directly or indirectly money or anything
of value in support of any candidate for office or to any political
organization. In all cases in which the commission has the
authority to revoke or suspend a license or permit, impose a monetary
penalty instead of revoking or suspending a license or permit, suspend
payment of a monetary penalty imposed, or perform other adjudicatory
functions relating to the laws and regulations governing alcoholic
beverages, beer, and wine, this authority shall be exercised through the
Alcoholic Beverage Control Hearing Officers. All duties performed and
authority exercised by the hearing officers are considered to be
performed and exercised by and on behalf of the South Carolina Tax
Commission. This does not delete or supersede the requirement that any
appeal of a decision made by a hearing officer must be made to the
commission.
Section 61-1-40. All powers and duties of the South Carolina Tax
Commission concerning the regulation of alcoholic beverages and beer
and wine are hereby transferred to the Alcoholic Beverage Control
Commission. The Tax Commission shall continue to administer and
collect the taxes relating to alcoholic beverages and beer and wine.
Provided, that neither Commission shall have the authority to regulate
the size, type or number of beer signs displayed on the premises of any
retail or wholesale beer dealer. Any decision of an Alcoholic
Beverage Control Hearing Officer revoking or suspending a license or
permit, imposing a monetary penalty instead of revoking or suspending
a license or permit, suspending payment of a monetary penalty imposed,
or made pursuant to performing an adjudicatory function, may be
appealed to the South Carolina Tax Commission. Notice of such appeal
must be served on the commission within ten days after receipt of
notification of a decision.
If an appeal is made to the commission, the commission shall review
the decision of the hearing officer and, if good grounds be shown
therefor, reconsider the evidence, receive further evidence, rehear the
parties or their representatives and, if proper, amend the decision. In
reviewing such appeal, the commission may hold and conduct hearings,
issue subpoenas requiring the attendance of witnesses and the
production of records, memoranda, papers, and other documents for
consideration at such hearings. The commission may administer oaths
and take testimony thereunder.
A decision of the hearing officer, if not reviewed in due time, or a
decision of the commission upon such review is conclusive and binding
as to all questions of fact.
An appeal from a decision of the commission or an appeal of errors
of law made by the commission may be made within thirty days after
receipt of notification of a decision to the court of common pleas for the
county of the appellant's residence under the same terms and conditions
as govern appeals in ordinary civil actions. Notice of appeal must state
the grounds of the appeal or the alleged errors of law.
Any monetary penalty imposed by the hearing officer, commission,
or court may be paid under protest. No appeal acts as a
supersedeas.
Section 61-1-50. All the records, files, office equipment and other
property of the South Carolina Tax Commission devoted before June 20,
1967 to the exercising of the powers and duties transferred to the
Alcoholic Beverage Control Commission and all personnel engaged in
the exercising of such powers and duties transferred to the Alcoholic
Beverage Control Commission considered by the State Budget and
Control Board to be necessary for the proper functioning of the
Alcoholic Beverage Control Commission shall be transferred to the
Alcoholic Beverage Control Commission. If an Alcoholic
Beverage Control Hearing Officer determines he has a conflict of
interest pursuant to Canon 3, Rule 501(C) and (D), South Carolina
Appellate Court Rules, he must disqualify himself from the proceeding.
Upon a determination by a hearing officer that no conflict of interest
exists, the person involved in the proceeding or his representative may
request the full commission to make a determination as to whether or not
the hearing officer must disqualify himself. Upon such request, the
proceeding shall be stayed. The commission must make this
determination pursuant to Canon 3, Rule 501 (C) and (D) and notify all
parties involved within three days of the request. Upon determination
of a conflict, the commission may designate another hearing officer to
hear the matter.
Section 61-1-60. In order to provide means for a more rigid
enforcement of the laws and rules and regulations governing alcoholic
beverages and beer and wine in the State, the South Carolina Beverage
Control Commission is authorized to employ eleven investigators and
other necessary administrative personnel who shall function under the
control of the Commission. Salaries of all personnel shall be as set by
the Commission. The South Carolina Tax Commission and the
South Carolina Law Enforcement Division shall employ personnel
necessary to administer and enforce the laws and regulations governing
alcoholic beverages, beer, and wine. Salaries of these personnel shall be
set by the commission and the division, as applicable.
Section 61-1-65. (A) No member or employee of the
South Carolina Alcoholic Beverage Control Commission, The
chief of the South Carolina Law Enforcement Division and the
commissioners of the South Carolina Tax Commission directly or
indirectly, (a) individually, (b) as a member of a partnership or of an
association, (c) as a member or stockholder of a corporation, or
(d) as a relative to any person by blood or marriage within the second
degree shall not:
(1) have any interest in the manufacture of or dealing in alcoholic
liquors or in any enterprise or industry in which alcoholic liquors are
required;
(2) receive any commission or profit on the purchase or sale of
alcoholic liquors by any person; or
(3) have any interest in or mortgage or deed of trust on any land
or building where alcoholic liquors are manufactured for sale, offered
for sale, or sold or in any personal property used therein.
(B) No employee of the commission may license, permit, or
participate in the licensing or permitting of any person, business, or
organization which requires a license or permit for lawful operation
under the law and regulations governing alcoholic beverages, beer, and
wine if the employee has an ownership interest in that person, business,
or organization.
(C) No employee of the division may enforce any law or regulation
governing alcoholic beverages, beer, and wine against any person,
business, or organization which requires a license or permit for lawful
operation under the law and regulations governing alcoholic beverages,
beer, and wine if the employee has an ownership interest in that person,
business, or organization.
Section 61-1-70. The South Carolina Alcoholic Beverage
Control Commission is Tax Commission and the South Carolina
Law Enforcement Division are authorized to issue such rules
and promulgate regulations as may be necessary to
carry out the duties imposed upon the Commission them
by law which, when duly promulgated, shall have the full force of
law.
Section 61-1-80. The Alcoholic Beverage Control
Commission commission may impose a monetary penalty
as an alternate to revocation or suspension in all cases where the
Commission commission has the authority to suspend
or revoke a license or permit. The Commission in
commission in its discretion may also suspend payment of the
monetary penalty imposed.
Section 61-1-90. Any decision of the Alcoholic Beverage Control
Commission revoking or suspending any license or permit or imposing
a monetary penalty in lieu thereof may be appealed to the Court of
Common Pleas for the county of the appellant's residence or for
Richland County. Any monetary penalty imposed may be paid under
protest. No appeal shall act as a supersedeas. Notice of such appeal shall
be served on the Commission within ten days after receipt of notification
of such decision. The Commission shall certify the written record to the
court within thirty days after receiving the notice of appeal, and the
factual issues shall be determined on the record as on certiorari.
Neither the South Carolina Tax Commission nor the South Carolina
Law Enforcement Division shall have the authority to regulate the size,
type, or number of beer signs displayed on the premises of any retail or
wholesale beer dealer.
Section 61-1-95. A person shall promptly surrender a license or
permit issued under the provisions of this title upon request of the
commission. All licenses and permits are the property of the
commission and are not transferable. All licenses and permits must be
immediately surrendered to the commission 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 or premises,
nor a person within the third degree of kinship to the person to whom a
license or permit has been issued, may be issued a license or permit for
the premises concerned.
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 commission may suspend or revoke all other licenses or permits held
by the person if the suspended or revoked premises is within close
proximity.
Section 61-1-110. The commission South Carolina Tax
Commission shall accept checks, in addition to any other method
of payment it considers appropriate, in payment of the fees due for any
license or permit it issues as provided by law. If the check is dishonored
for any reason the commission may suspend the license or permit
without notice or a hearing until the applicant makes the payment in a
form satisfactory to the commission and pays a reinstatement fee of fifty
dollars. The commission may retain the reinstatement fee in order to
offset the cost of this provision. Section 61-1-120. As
used in Title 61, unless the context clearly requires otherwise:
(1) `Commission' means the South Carolina Tax Commission.
(2) `Division' means the South Carolina Law Enforcement
Division.
(3) `Hearing officer' means an Alcoholic Beverage Control
Hearing Officer."
SECTION 3. Chapter 3, Title 61 of the 1976 Code is amended to read:
"CHAPTER 3
Alcohol Beverage Control Act
Article 1
General Provisions
Section 61-3-10. This chapter, Chapter 7, and Article 3 of Chapter
13, shall be known and may be cited as `The Alcoholic Beverage
Control Act'.
Section 61-3-20. As used in this chapter, Chapter 7, and Article 3 of
Chapter 13, unless the context clearly requires otherwise:
(1) The words `alcoholic liquors' mean any spirituous malt, vinous,
fermented, brewed (whether lager or rice beer) or other liquors or any
compound or mixture thereof by whatever name called or known which
contains alcohol and is used as a beverage, but shall not extend to:
(a) Wine wine when manufactured or made for
home consumption and which is not sold by the maker thereof or by any
other person, or
(b) Any any beverage declared by statute to be
nonalcoholic or nonintoxicating;
(2) The word `manufacturer' means any person operating a plant or
place of business within this State for distilling, rectifying, brewing,
fermenting, blending or bottling any alcoholic liquors;
(3) The word `wholesaler' means any person who shall from without
the State purchase, acquire or import or who shall purchase or acquire
from a manufacturer within the State any alcoholic liquor for resale;
and
(4) The words `retail dealer' shall mean any holder of a license issued
under the provisions of this chapter, Chapter 7, and Article 3 of Chapter
13, other than a manufacturer or wholesaler; and .
(5) The word `Commission' shall mean the South Carolina
Alcoholic Beverage Control Commission.
Section 61-3-30. No provision in this chapter, Chapter 7, or Article
3 of Chapter 13, shall apply to alcohol intended for use in the
manufacture and sale of any of the following when they are unfit for
beverage purposes, namely:
(1) Denatured alcohol produced and used pursuant to acts of Congress
and regulations promulgated thereunder;
(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic and
toilet preparations;
(3) Flavoring extracts, syrups, and food products; and
(4) Scientific, chemical, mechanical and industrial products.
Any person who shall knowingly sell any of the products enumerated
in paragraphs (1), (2), (3) and (4) for beverage purposes shall be subject
to the penalties provided in Section 61-13-410.
No provision of this chapter, Chapter 7, or Article 3 of Chapter 13,
shall apply to ethyl alcohol intended for use by hospitals, colleges,
governmental agencies and other permittees entitled to obtain such
alcohol tax free, as provided by acts of Congress and regulations
promulgated thereunder.
Section 61-3-40. This chapter, Chapter 7, and Article 3 of Chapter 13
are hereby declared to be complementary to and not in conflict with the
laws providing for the legal sale of beers, wines and other vinous,
fermented or malt liquors.
Section 61-3-50. The functions, duties and powers set forth in this
chapter, Chapter 7, and Article 3 of Chapter 13, are hereby vested in the
South Carolina Alcoholic Beverage Control Commission
Tax Commission and the South Carolina Law Enforcement
Division.
Section 61-3-60. The Commission may appoint an attorney, upon
the approval of the Attorney General, who shall have the status of an
Assistant Attorney General assigned to the Commission. Such attorney
shall devote his full time to the enforcement of this chapter, Chapter 7,
and Article 3 of Chapter 13.
Section 61-3-70. The Commission commission and the
division may from time to time make such reasonable regulations,
not inconsistent with this chapter, Chapter 7, and Article 3 of Chapter
13, or with the general laws of the State, as the Commission
commission or the division shall deem necessary:
(1) To to carry out and enforce the purposes and
provisions of this chapter, Chapter 7, and Article 3 of Chapter 13; or
(2) To to prevent the illegal manufacture, bottling,
sale, distribution and transportation of alcoholic liquors or any one or
more of such illegal acts.
And the Commission commission and the division
may from time to time alter, repeal, or amend such regulations
or any of them.
Such regulations shall be filed and published as provided for in
Sections 1-1-210 to 1-1-240 and shall have the force and effect of law
as provided in such sections. The Commission commission
and the division shall give additional notice thereof to all licensees
in such manner as it they may deem proper.
The wilful violation of any rule or regulation made under the
provisions of this section and having the force and effect of law shall
constitute a violation of this chapter, Chapter 7, and Article 3 of Chapter
13.
Section 61-3-80. The Commission commission and the
division shall adopt such regulations as it they may
deem necessary and proper to effect an equitable distribution of
alcoholic liquors in this State.
Section 61-3-90. The Commission commission and the
division shall, by regulation, cause the frequent analysis of
alcoholic liquors sold within this State and provide procedure for
obtaining samples for the purpose thereof.
Section 61-3-100. All alcoholic liquors received by a licensed
wholesale liquor dealer shall have the revenue stamps as may be
required by law affixed thereon for the taxes levied pursuant to Sections
12-33-230 and 12-33-240 or shall be stored in a separate compartment
of a wholesaler's place of business. The storing of stamped alcoholic
liquors in the same compartment with unstamped alcoholic liquors is
prohibited. Alcoholic liquors removed from an unstamped compartment
must have the proper tax stamps immediately affixed thereto unless
shipped to a Federal Government reservation.
Section 61-3-110. The Alcoholic Beverage Control
Commission commission, through the hearing officers and upon
appeal of a decision of a hearing officer pursuant to Section 61-1-40, may hold and conduct hearings, issue subpoenas requiring the
attendance of witnesses and the production of records, memoranda,
papers, and other documents for consideration at such hearings
or before any officer or agent of the Commission and administer
oaths and take testimony thereunder. In its discretion it may
authorize any of its members, officers or agents to hold and conduct
hearings, issue subpoenas and administer oaths and take testimony
thereunder.
Article 3
Provisions Relating to Alcoholic Beverage
Control
Commission, Tax Commission, Members and
Employees, Law Enforcement Division,
Employees
Section 61-3-220. The Commission division may
employ such inspectors or agents as may be necessary for the
proper administration and enforcement of the provisions of this chapter,
Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The
salaries of said inspectors or agents shall be fixed by the
Commission division and shall be payable as an
expense of the administration of this chapter, Chapter 7, and Article 3
of Chapter 13. The Governor shall commission as State
state constables such inspectors or agents as are certified to him
by the Commission division in order that they shall have
adequate authority as peace officers to enforce the provisions of this
chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title
12. Each inspector or agent shall, before entering upon the
discharge of his duties, take and subscribe the oath of office as required
by Article III, section Section 26, of the Constitution of
South Carolina, and also any additional oath required by law and shall
give bond payable to the State, in form approved by the Attorney
General, in the penal sum of five thousand dollars with some surety or
guaranty company duly authorized to do business in South Carolina and
approved by the Commission division, as surety,
conditioned upon the faithful discharge of his duties. The premiums on
such bonds shall be paid as an expense of the administration of this
chapter, Chapter 7, and Article 3 of Chapter 13 and the bonds
shall be filed with and preserved by the Secretary of State.
Section 61-3-230. The Commission commission and the
division may employ such clerical, stenographic and other
personnel, including chemists, as may be necessary, in its
their judgment, to the administration of this chapter, Chapter
7, and Article 3 of Chapter 13, and may prescribe their duties
and fix their compensation, which shall be payable as an expense of the
administration of this chapter, Chapter 7, and Article 3 of
Chapter 13. The Commission commission or the
division may require any employee to furnish such bond
conditioned upon the faithful performance of his duty as it may deem
proper. The premium on any such bond shall be payable as an expense
of the administration of this chapter, Chapter 7, and Article 3
of Chapter 13, and the bond shall be filed with and preserved by the
Commission commission or the division.
Section 61-3-240. There shall, as soon as practicable, be assigned
to the Commission adequate office space in one of the State office
buildings and until such assignment shall be made the Commission may
rent adequate office space, the rent therefor to be payable as an expense
of the administration of this chapter, Chapter 7, and Article 3 of Chapter
13.
Section 61-3-250. The State Budget and Control Board may purchase
for the Commission commission and the division the
furniture, equipment, and material determined by it to be
necessary, the cost thereof to be payable as an expense of the
administration of this chapter, Chapter 7, and Article 3 of
Chapter 13.
Section 61-3-260. The Commission commission and the
division each shall file annually with the Governor and the
General Assembly its annual report as of June 30th of each year and
shall report to the Governor on its affairs generally or on special matters
connected therewith as often as he shall require.
Article 5
Issue of Licenses; Bond or Deposit
and Action Thereon
Section 61-3-410. The Commission commission
shall have sole and exclusive power to grant, issue, suspend and revoke
all licenses provided for in this chapter, Chapter 7, and Article
3 of Chapter 13. In protested and contested matters, this authority
shall be exercised through the hearing officers. The
Commission commission may grant, subject to
revocation as provided in this chapter, Chapter 7, and Article
3 of Chapter 13, the following licenses:
(1) Manufacturers' manufacturers' licenses which
shall authorize the licensees to manufacture alcoholic liquors and to sell
and deliver or ship them, in accordance with regulations of the
Commission commission and the division, in bottles or
in like closed containers to any person in this State who has a
wholesaler's license granted under this chapter, Chapter 7, and
Article 3 of Chapter 13, and in barrels, bottles, or other closed
containers to persons outside of this State, except that no deliveries or
shipments shall be made into any state the laws of which prohibit the
consignee from receiving or selling such alcoholic liquors;
(2) Wholesalers' wholesalers' licenses which shall
authorize the licensees to purchase, store, keep, possess, import into this
State, transport, sell and deliver alcoholic liquors in bottles or like closed
containers, in accordance with regulations of the Commission
commission and the division, to any person having a
manufacturer's or retailer's license granted under this chapter, Chapter
7, and Article 3 of Chapter 13; and
(3) Retail retail dealers' licenses which shall authorize
the licensees to purchase alcoholic liquors from wholesalers having
licenses granted under this chapter, Chapter 7, and Article 3 of
Chapter 13, and to store, keep, possess and sell alcoholic liquors at retail
for consumption in compliance with the provisions of this chapter,
Chapter 7, and Article 3 of Chapter 13, and regulations of the
Commission commission and the division not in conflict
herewith.
Section 61-3-420. No person is eligible for a license under the
provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 if he
or the person who will have actual control and management of the
business proposed to be operated:
(1) is a minor;
(2) is not a resident of the State of South Carolina;
(3) is not of good repute; or
(4) has had a license under the provisions of this or any previous
statute regulating the manufacture or sale of alcoholic liquors which has
been revoked within the period of five years next preceding the filing of
the applications;
unless the Alcoholic Beverage Control Commission
commission in its discretion otherwise orders.
Section 61-3-430. No license shall be issued to a corporation or
association as such and if any application is made for a corporation or
association the license, if granted, shall be issued to an officer or officers
thereof for its use and such officer or officers shall be held to assume all
responsibility thereunder as individuals and shall be subject to all the
provisions and penalties set forth in this chapter, Chapter 7, and
Article 3 of Chapter 13 as applicable to individual licensees.
Section 61-3-440. The Commission commission
shall not grant or issue any license provided for in this chapter, Chapter
7, and Article 3 of Chapter 13, if the place of business is within
three hundred feet of any church, school, or playground situated within
a municipality or within five hundred feet of any church,
school, or playground situated outside of a municipality. Such
distance shall be computed by following the shortest route of ordinary
pedestrian or vehicular travel along the public thoroughfare from the
nearest point of the grounds in use as part of such church, school, or
playground, which, as used herein, shall be defined as follows:
(1) `Church', an establishment, other than a private dwelling, where
religious services are usually conducted;
(2) `School', an establishment, other than a private dwelling where the
usual processes of education are usually conducted; and
(3) `Playground', a place, other than grounds at a private dwelling,
which is provided by the public or members of a community for
recreation. The above restrictions shall not apply to the renewal of
licenses existing on July 10, 1960 or to locations then existing.
Section 61-3-450. No license shall be issued to more than one
member of any household in this State.
Section 61-3-460. No more than three licenses shall be issued to any
one licensee, and the licensee must be eligible for a license with respect
to each store as prescribed by Section 61-3-420.
No more than three retail liquor licenses shall be issued for the use of
any one corporation, association, partnership, or limited
partnership. A corporation having the use of a retail liquor license that
is owned by another corporation shall be deemed to be holding the retail
liquor license for the use of the owning corporation.
Section 61-3-461. No person, directly or indirectly, individually or
as a member of a partnership or an association, as a member or
stockholder of a corporation or as a relative to any person by blood or
marriage within the second degree, shall have any interest whatsoever
in any retail liquor store licensed under this section except the three
stores covered by his retail dealer's licenses, as provided for in Section
61-3-460.
Section 61-3-462. The provisions of Section 61-3-461 of the 1976
Code shall not apply to any person having interest in stores which will
be prohibited by the provisions of such section on the effective date of
Sections 61-3-461 and 61-3-462.
Section 61-3-470. The Commission commission
may, in its discretion, after due investigation by the division,
license retail dealers in unincorporated towns and in county communities
when, in the opinion of the Commission commission,
it would be to the interest of such unincorporated town or community to
have a licensed retailer therein. But the Commission
commission shall not license a retail dealer in any locality
unless the Commission commission is assured that such
locality is under proper police protection.
Section 61-3-480. If, in the judgment of the Commission
commission, because of the number of retail outlets in any
political subdivision, their location within the subdivision or for other
reasons the citizens desiring to purchase alcoholic liquors therein are
more than adequately served, it may, in its discretion, limit the further
issuance of licenses in any such political subdivision.
Section 61-3-490. (A) Every person intending to apply for a license
under this chapter, Chapter 7, and Article 3 of Chapter 13 shall advertise
at least once a week for three consecutive weeks in a newspaper most
likely to give notice to interested citizens of the county, city, or
community in which the applicant proposes to engage in business. The
commission shall determine which newspapers meet the requirements of
this section based on available circulation figures. However, if a
newspaper is published within the county and historically has been the
newspaper where the advertisements are published, the advertisements
published in that newspaper meet the requirements of this section. The
notice must be in large type, cover a space one column wide and not less
than two inches deep, and state the type of license applied for and the
exact location at which the proposed business is to be operated.
Applicants for a beer or wine permit and an alcoholic liquor license may
use the same advertisement for both if it is approved by the commission.
(B) Notice also must be given by displaying a sign for fifteen days at
the site of the proposed business. The sign must:
(a) (1) state the type of license sought;
(b) (2) tell an interested person where to protest the
application;
(c) (3) be in bold type;
(d) (4) cover a space at least eleven inches wide
and eight and one-half inches high;
(e) (5) be posted and removed by an agent of the
commission.
Section 61-3-500. The provisions of Section 61-3-490, requiring
publication of notice prior to applying for a license, shall not apply to
any person licensed under the provisions of this chapter, Chapter
7, and Article 3 of Chapter 13, when such licensee again applies
to the Commission commission for a new license
similar to that which he already holds to engage in the same business at
the same place.
Section 61-3-510. Every person desiring a license under the
provisions of this chapter, Chapter 7, and Article 3 of Chapter
13, shall, after publishing notice of his intention as provided in Section
61-3-490, unless such notice shall not be required under the provisions
of Section 61-3-500, file with the Commission
commission an application in writing on forms provided by the
Commission commission containing a statement under
oath setting forth:
(1) The the name, address, age, race and nationality
of the person applying for the license;
(2) The the name, address, age, race and nationality
of the person who will have actual control and management of the
business proposed to be operated;
(3) The the exact location and a description of the
place where the business is proposed to be operated;
(4) Whether whether the applicant or the person who
will have actual control and management of the business proposed to be
operated has ever had a license under the provisions of this or any
previous statute regulating the manufacture or sale of alcoholic liquors;
and
(5) Any any other information required by regulation
of the Commission commission.
Section 61-3-520. The Commission commission
shall not issue any license until the license tax required by Chapter 33
of Title 12 has been paid by the applicant.
Section 61-3-530. Whenever a fine is imposed by the Alcoholic
Beverage Control Commission commission on a beer, wine
or liquor licensee for a violation and the licensee fails to pay such fine
and ceases doing business on the premises where such violation
occurred the Alcohol Beverage Control Commission
commission shall not require a subsequent tenant of the
premises to pay such fine as a condition to being issued a beer, wine or
liquor license. Provided, that this prohibition shall not apply to any
person who is related, by blood within the third degree or marriage, to,
is in business with or is acting for or on behalf of, directly or indirectly,
the licensee so fined.
The burden shall be on the new tenant to prove that no such
relationship exists between him and such licensee.
Section 61-3-540. Every person upon whose application for a
manufacturer's or retail dealer's license the Commission
commission has acted favorably shall, within ten days from the
date of the receipt by him of notice of such action, either (a) file with the
Commission commission a bond payable to the State in
form approved by the Commission commission, in the
penal sum of two thousand dollars, with some surety or guaranty
company duly authorized to do business in South Carolina and approved
by the Commission commission as surety, conditioned
upon the lawful operation of the business covered by the license and the
prompt payment of all license taxes provided in Chapter 33 of Title 12
or (b) deposit with the State Treasurer cash in the amount of two
thousand dollars or securities sufficient, in the opinion of the State
Treasurer, to secure adequately the amount of two thousand dollars,
which deposit shall be made upon the same condition as that required to
be set forth in such bond.
Section 61-3-550. Every person upon whose application for a
wholesale liquor dealer's license the Commission
commission has acted favorably shall, within ten days from the
date he receives notice of favorable action by the Commission
commission, either (a) file with the Commission
commission a bond payable to the State, in such form as is
approved by the Commission commission, in the penal
sum which in the opinion of the Commission
commission is sufficient to protect the interest of the State, but
in no case shall such bond exceed five hundred thousand dollars, with
some surety or guaranty company authorized to do business in this State
and approved by the Commission commission as surety,
conditioned upon the lawful operation of the business covered by the
license and the prompt payment of all taxes imposed by Chapter 33 of
Title 12; or (b) deposit with the State Treasurer cash in the amount of the
above-mentioned bond or securities sufficient, in the opinion
of the State Treasurer, to secure adequately the amount of the
bond. The deposit shall be made upon the same condition as that
required in the bond and shall be held by the State Treasurer without
interest.
Section 61-3-560. Every violation of any of the provisions of this
chapter, Chapter 7, and Article 3 of Chapter 13, or of Chapter 33 of Title
12 by the licensee, his agents or servants, shall constitute a breach of the
condition of the bond filed or the deposit made by such licensee under
Sections 61-3-540 or 61-3-550 and forfeiture of such bond or deposit
shall be in addition to any other penalties or punishment provided
therefor in this chapter, Chapter 7, and Article 3 of Chapter 13.
Section 61-3-570. In the event the Commission
commission shall find that the condition of the bond filed or
deposit made by any licensee under Sections 61-3-540 or 61-3-550 has
been broken, the Commission commission shall bring
an action in its name in the county in which the business of the licensee
is or was located and operated to recover the amount of the bond. The
action shall be against the licensee and his surety if the licensee filed a
bond under Sections 61-3-540 or 61-3-550 and shall be against the
licensee only if he deposited cash or securities under Sections 61-3-540
or 61-3-550.
Section 61-3-580. The cash deposited by the licensee shall be applied
by the State Treasurer in payment of the judgment recovered against the
licensee and, in the event securities were deposited by the licensee the
State Treasurer shall, after fifteen days' advertisement, sell the same at
public auction and apply the proceeds of such sale to the payment of the
judgment recovered against the licensee, paying over to the licensee any
amount remaining thereafter.
Section 61-3-590. The amounts received by the Commission
commission or by the State Treasurer from the collection and
payment of any judgments recovered under Section 61-3-570 shall be
turned into the State Treasury to be disposed of in the manner provided
in Chapter 33 of Title 12 for the disposition of license taxes collected
under that chapter.
Section 61-3-600. Notwithstanding any other provision of law a
permit not to exceed seventy-two hours to allow the possession and
consumption of alcoholic beverages shall be issued upon request, from
time to time, to the public authorities in charge of a publicly owned
auditorium, coliseum, or armory. Such permit shall be for the
benefit of any person leasing or otherwise lawfully using the subject
premises.
Section 61-3-610. An establishment which offers meals to the public
may secure a license from the Alcoholic Beverage Control
Commission commission to purchase and possess liqueurs,
wines, and similar alcoholic beverages used solely in the cooking and
preparing of foods served by the establishment. Application for the
license must be in a form and under conditions prescribed by the
commission. The license fee is fifty dollars. A person violating this
section is guilty of a misdemeanor and, upon conviction, must be fined
five hundred dollars, and other licenses he holds from the commission
must be revoked. The license provided in this section does not alter or
limit the privileges or responsibilities for holders of licenses issued to
authorize the possession, sale, and consumption of alcoholic beverages
in containers of two ounces or less issued pursuant to Act 398 of 1967.
Establishments so licensed may use alcoholic beverages in the
preparation of food without obtaining the license provided in this section
if only containers of two ounces or less are used in the food preparation.
Article 7
Expiration, Refusal, Suspension or
Revocation of Licenses
Section 61-3-710. (A) Licenses issued under this chapter expire
biennially according to the county where the licensed location is
situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and
Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington,
Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield,
Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter
counties shall obtain a one-year license in 1992. Beginning in 1993
these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union,
Williamsburg, and York counties whose license expires in 1993 shall
obtain a one-year license. Beginning in 1994 these licensees shall obtain
a biennial license.
(3) Licensees located in counties not provided in item (1) or (2)
whose license expires in 1992 or 1993 shall obtain a biennial license
upon their first license renewal or registration after June 30, 1992.
(C) The commission shall prorate license fees for license years 1992-94 according to the time the licenses are valid.
Section 61-3-720. In the event of the death of any licensee, except in
the case of a license granted to more than one person, the executor or
administrator of such deceased licensee may, with the consent of the
court of probate and upon permit of the Commission
commission, continue the operation of the business covered by
the license. If such executor or administrator shall elect to discontinue
such business or if the Commission commission shall
not issue a permit for its continuance, the unearned portion of the license
tax, computed on the basis of the cost of the license per month for the
period for which it was issued, shall be refunded to the executor or
administrator, and any alcoholic liquors of the deceased which come into
his hands as such executor or administrator may be sold by him in the
manner provided in Section 61-3-800.
Section 61-3-730. The Commission commission
shall refuse to grant any license mentioned in this chapter, Chapter
7, and Article 3 of Chapter 13, if it shall be of the opinion that:
(1) The the applicant is not a suitable person to be so
licensed;
(2) The the store or place of business to be occupied
by the applicant is not a suitable place; or
(3) A a sufficient number of licenses have already
been issued, in the State, incorporated municipality or unincorporated
community or other community.
Section 61-3-740. The Commission commission may
suspend or revoke any license issued by it if it be of the opinion that:
(1) The the licensee is not a suitable person to hold
such license; or
(2) The the store or place of business occupied by the
licensee is not a suitable place.
Section 61-3-750. The Alcoholic Beverage Control
Commission commission shall revoke the license of any
wholesaler whenever proof is obtained that such wholesaler has an
interest, either directly or indirectly, in any retail store.
Section 61-3-760. Any license to sell intoxicating liquors at retail
issued by the Commission commission shall be
immediately revoked by the Commission commission
if the licensee therein or any officer of such licensee shall during the
effective period of such license be indebted to any wholesaler licensed
by the Commission commission except an indebtedness
for current purchases of alcoholic liquor which are not past due.
Section 61-3-770. Before the Commission
commission shall refuse to grant any license or shall suspend
or revoke any license issued under the provisions of this chapter,
Chapter 7, and Article 3 of Chapter 13, at least ten days' notice
of such proposed or contemplated action by the Commission
commission shall be given to the applicant or the licensee
affected, as the case may be. The notice shall be in writing and shall
contain a statement of the grounds or reason of the proposed or
contemplated action of the Commission commission
and shall be served upon the applicant or licensee in person or by
registered mail sent to his last known post-office address. The
Commission commission shall in such notice appoint
a time and place when and at which the applicant or licensee shall be
heard as to why the license should not be refused, suspended or revoked,
as the case may be. The applicant or licensee shall at such time and
place have the right to produce evidence in his behalf and to be
represented by counsel.
Section 61-3-780. The action of the Commission hearing
officer and the commission in granting or in refusing to grant any
license under the provisions of this chapter, Chapter 7, or Article 3 of
Chapter 13 shall not be subject to review by any court nor shall any
mandamus or injunction lie in any such case, except by certiorari
is subject to appeal pursuant to Section 61-1-40. This action shall
not operate as a supersedeas.
Section 61-3-790. The action of the Commission hearing
officer and the commission in suspending or revoking any license
pursuant to the provisions of this chapter, Chapter 7, and
Article 3 of Chapter 13, shall be subject to review by any court of
competent jurisdiction on appeal pursuant to Section 61-1-40, but such appeal shall not operate as a supersedeas to stay such
suspension or revocation.
Section 61-3-800. Alcoholic liquors owned by or in possession of any
licensee for sale at the time the license of any such licensee is suspended
or revoked under this chapter, Chapter 7, or Article 3 of Chapter 13, or
is terminated in any other manner may, upon permits issued by the
Commission commission and within the time fixed
therein and upon such conditions as the Commission
commission may specify, be sold by such licensee to persons
in this State licensed under Article 5 of this chapter or may, upon
permits issued by the Commission commission and
within the time fixed therein be sold to persons outside of this State for
resale outside of the State, except that no deliveries or shipments shall
be made into any state the laws of which prohibit the consignee from
receiving or selling such alcoholic liquors. The time fixed by the
Commission commission in such permits shall in no
case be less than sixty days.
Article 9
Regulation of Licenses
Section 61-3-910. No manufacturer shall own or operate more than
one plant, establishment or place of business for the manufacture of
alcoholic liquors in any one county of this State nor shall he permit the
drinking of alcoholic liquors on his premises.
Section 61-3-920. Wholesale and retail liquor dealers are hereby
prohibited from selling alcoholic liquors on credit.
Section 61-3-930. No wholesaler shall:
(1) Sell sell, barter, exchange, give, transfer or
deliver for consumption any alcoholic liquors to any person not having
a retail store dealer's license granted under this chapter, Chapter
7, and Article 3 of Chapter 13;
(2) Permit permit the drinking of any alcoholic
liquors on his premises;
(3) Condition condition the sale of alcoholic liquors
to any retail dealer upon the purchase or receipt of any other kind or
brand of alcoholic liquors than that ordered by such retail dealer; or
(4) Sell sell any alcoholic liquors between the times
of sundown and sunrise.
Section 61-3-940. No wholesale dealer, directly or indirectly,
individually or as a member of a partnership or an association, as a
member or stockholder of a corporation or as a relative to any person by
blood or marriage within the third degree, shall have any interest
whatsoever in any business, store or establishment dealing in alcoholic
liquors except the store or place of business covered by his wholesale
dealer's license.
Section 61-3-950. Every wholesaler shall, for the purpose of
conducting his business under his wholesaler's license, maintain a
separate store or warehouse and no other goods, wares or merchandise
except nonalcoholic beverages shall be kept or stored therein. No place
of amusement shall be maintained within such place or in the same
building or in connection therewith.
Section 61-3-960. Every wholesale licensee, upon receipt of a
shipment of alcoholic liquors for sale within this State under the
provisions of this chapter, Chapter 7, and Article 3 of Chapter
13, shall, within twenty-four hours of the receipt of the shipment and
before it is offered for sale, furnish to the Alcoholic Beverage
Control Commission commission true invoices of the
alcoholic liquors so received.
Section 61-3-970. Every wholesaler shall furnish to the
Commission commission duplicate copies of all
invoices for the sale of alcoholic liquors within twenty-four hours after
such alcoholic liquors have been removed from the wholesaler's place
of business.
Section 61-3-980. Every wholesaler shall file with the
Commission commission monthly, on or before the first
day of each month, a statement showing the stock of alcoholic liquors
received by him during the preceding thirty days and such additional
reports as the Commission commission may require.
Section 61-3-990. No retail dealer shall:
(1) sell, offer for sale, barter, exchange, give, transfer or deliver or
permit to be sold, bartered, exchanged, given, transferred or delivered
any alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession any alcoholic liquors in separate
containers containing less than two hundred milliliters;
(3) sell, barter, exchange, give, transfer or deliver, offer for sale,
barter or exchange or permit the sale, barter, exchange, gift, transfer or
delivery of alcoholic liquors (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 any intoxicated person or (e) to any insane
person;
(4) permit the drinking of any alcoholic liquors in his store or place
of business.
Provided, that during restricted hours the retail dealers are permitted
to receive, stock, and inventory merchandise, provide for maintenance
and repairs, and other such related functions which may be required that
do not involve sale of any alcoholic beverages.
The provisions of this section relating to quantities of less than two
hundred milliliters shall not apply to sealed containers of two ounces or
less when sales in these quantities are authorized by law to be sold to
persons licensed to sell these sealed containers for on-premise
premises consumption.
It is unlawful for any person licensed to sell alcoholic beverages
under the provisions of this section to refill a container of two ounces or
less and any person who is convicted of doing so shall have his license
revoked permanently.
Each retail dealer shall keep a record of all sales of alcoholic
beverages sold in sealed containers of two ounces or less. The record
shall include the name of the purchaser and the date and quantity of the
sale. The reports of sales must be filed with the Alcoholic Beverage
Control Commission commission within ten days of the end
of each quarter. It is unlawful to sell sealed containers of two ounces or
less except during legal hours of operation.
Section 61-3-1000. Every retail dealer shall maintain a separate store
or place of business with not more than two means of public ingress or
egress which must be on the front or the same side of the building except
that the doors may be located at the corner of two adjacent sides of the
building. One additional door, not in the front, is allowed to be used
solely for the receipt of commercial deliveries and as an emergency exit.
Red dots not exceeding thirty-six inches in diameter may be placed on
each side of the building and on the rear and front of the building.
A sign, not to exceed thirty-six inches in diameter, may be attached
to the front of the building or may be suspended from the front of the
building. The words `ABC Package Store', the owner's name, and
license number may appear on the sign. Letters must be white with a red
background. Letters must be no more than six inches high and no more
than four inches wide. Retail dealers may attach to their stores one
additional sign not exceeding the dimensions of ten feet by four feet.
This sign may only be white and may only contain the words `ABC
Package Store' in black letters. No other letters or symbols may be
placed on this sign.
Retail dealers may place signs containing the words `ABC Package
Store' in shopping center directories as long as the signs are the same
size as those listing other stores in the directory.
Retail dealers may place one sign, not to exceed three feet by three
feet, off of their licensed premises. This sign may only be white, and
may only contain the words `ABC Package Store' in black letters. This
sign may also contain a red dot and a black arrow showing the direction
to the package store. No other words or symbols may be placed on this
sign.
A retail dealer may place a reasonable number of signs on his licensed
premise premises indicating the designated parking for
his licensed premise premises. In no case may the
number of signs be more than the number of parking spaces. These
signs may only be white and may only contain the words `ABC Package
Store Parking' in black letters. No other letters or symbols may be
placed on the signs. The signs may be painted on the pavement with
letters not exceeding six inches in height and four inches in width or
may be placed as a vertical sign which may not exceed six inches in
height and twenty inches in length. The top of each vertical sign may
not be more than twenty inches from the ground. A retail dealer may
have only one type of sign per parking space.
Signs by retail liquor dealers other than those specifically authorized
by this section are prohibited, and retail dealers may not display signs
other than those authorized by this section that are visible from outside
their places of business, except signs which indicate the hours of
operation of the business or whether the business is open or closed. A
retail liquor dealer may have no more than two signs to indicate the
hours of operation of the business and no more than two signs to indicate
whether the business is open or closed. These signs must be on the
licensed premise premises and may not exceed twelve
inches in height and sixteen inches in width. Letters on the signs must
be white with a red or black background, red with a white or black
background, or black with a red or white background.
Section 61-3-1010. Every retail dealer shall display all retail prices
on the shelf under each brand and bottle size. No bottles of alcoholic
liquors or no packages containing alcoholic liquors may be displayed in
the front or windows of the store or place of business of a retail dealer.
However, a retailer may display signs within the store or place of
business with the price and bottle size in letters of any size. These signs
must not be visible from outside the store or place of business.
Section 61-3-1020. Subject to Section 61-3-1030, no other goods,
wares, or merchandise may be kept or stored in or sold in or from a retail
alcoholic liquor store or place of business, and no place of amusement
may be maintained in or in connection with the store. However, retail
dealers may sell drinking glassware packaged together with alcoholic
liquors if the glassware and alcoholic liquors are packaged together by
the wholesaler or producer in packaging provided by the producer.
Retail dealers also may sell nonalcoholic beverages, other than beer or
wine, packaged together with alcoholic liquors if the nonalcoholic
beverages and alcoholic liquors are in sealed packages and are packaged
together by the alcoholic liquor producer.
Section 61-3-1030. Notwithstanding the provisions of Section 61-3-1020, retail dealers licensed under the provisions of this chapter, Chapter
7, and Article 3 of Chapter 13, may sell all wines in the stores
or places of business covered by their respective licenses, whether
declared alcoholic or nonalcoholic or nonintoxicating by the laws of this
State. Wines containing more than fourteen percent of alcohol by
volume shall be sold only in licensed alcoholic liquor stores or in
establishments licensed to sell and permit consumption of alcoholic
liquors in sealed containers of two ounces or less. The provisions of this
section shall not be construed to amend, alter, or modify the
taxes imposed on wines or the collection and enforcement thereof.
Section 61-3-1040. The restrictive provisions of this article relating
to retail dealers shall not apply to sales of alcoholic liquors by railroad,
Pullman or airline companies to passengers on interstate trains or aircraft
for consumption thereon, such sales being hereby permitted."
SECTION 4. Chapter 5, Title 61 of the 1976 Code is amended to read:
"CHAPTER 5 Regulation of Transportation,
Possession,
Consumption and Sale of Alcoholic Beverages
Article 1
General Provisions
Section 61-5-10. As used in this article:
(1) `Bona fide engaged primarily and substantially in the preparation
and serving of meals' shall refer only to such a business which has been
issued a Class A restaurant license prior to issuance of license under this
article and in addition provides facilities for seating not less than forty
persons simultaneously at tables for the service of meals.
(2) `Furnishing lodging' shall refer only to those businesses which rent
accommodations for lodging to the public on a regular basis consisting
of not less than twenty rooms.
Section 61-5-20. Notwithstanding any other provision of law, it shall
be lawful, subject to the provisions of Section 61-5-30, for any person
who is twenty-one years of age or older to transport, possess,
or consume lawfully acquired alcoholic liquors in accordance with the
following:
(1) Any person may transport alcoholic liquors to and from any place
where alcoholic liquors may be lawfully possessed or consumed; but if
the cap or seal on the container has been opened or broken, it shall be
unlawful to transport such liquors in any motor vehicle, except in the
luggage compartment or cargo area.
(2) Any person may possess or consume alcoholic liquors:
(a) In in a private residence, hotel room or motel
room;
(b) Or or on any other property not engaged in any
business or commercial activity, at private gatherings, receptions, or
occasions of a single and isolated nature, and not on any repetitive or
continuous basis, with the express permission of the owner and any
other person in possession of such property, and to which the general
public is not invited; provided, however, this shall not be construed to
permit or in any way authorize the possession or consumption of
alcoholic liquors on premises open to the general public for which a
license has been obtained pursuant to subsections (3) and (4) of this
section.
(c) In separate and private areas of an establishment whether or not
such establishment includes premises which are licensed pursuant to
subsections (3) and (4) of this section, where specific individuals have
leased such areas for a function not open to the general public.
(3) Nonprofit organizations with limited membership, not open to the
general public, established for social, benevolent, patriotic,
recreational, or fraternal purposes may be licensed to sell
alcoholic liquors and beverages in sealed containers of two ounces or
less. Members or guests of members of such organizations may
consume alcoholic liquors and beverages sold in such containers upon
the premises between the hours of ten o'clock in the morning and two
o'clock on the following morning.
(4) Except on Sunday, it shall be lawful to sell and consume alcoholic
liquors and beverages sold in sealed containers of two ounces or less in
any business establishment between the hours of ten o'clock in the
morning and two o'clock the following morning, provided the
establishment meets the following requirements:
(a) The the business is bona fide engaged primarily
and substantially in the preparation and serving of meals or furnishing
of lodging; and
(b) The the business has a license from the
Alcoholic Beverage Control Commission commission
permitting the sale and consumption of alcoholic liquors and beverages,
which is conspicuously displayed on the main entrance to the premises
and clearly visible from the outside.
(5) Provided, that the purchaser shall break the seal unless the seller
shall break the seal in the presence of the purchaser and deliver the
container.
(6) No person shall serve or deliver to a purchaser any alcoholic
liquors in sealed containers in a business where such sales are authorized
unless such person has attained the age of eighteen years; nothing
contained herein shall be construed as allowing bartenders under the age
of twenty-one.
Section 61-5-25. Any restaurant with a Class A or B license issued
by the Department of Health and Environmental Control (department)
may serve food or beverages at its adjoining facilities located outside the
restaurant if the food is prepared in a kitchen of the restaurant which is
subject to inspection by the department and is placed on individual
plates or in individual serving dishes inside the restaurant and if any
uncovered containers in which the beverages are served are filled only
to satisfy the order of a customer.
This bill shall not allow a Class B Restaurant to sell, dispense, barter
or trade in minibottles in any form or fashion.
The existing law controlling Class B Restaurants in reference to the
sale or dispensing of alcoholic beverages shall not be affected in any
manner.
Notwithstanding any other provisions of this section, the licensed
premises of a business establishment which is bona fide engaged
primarily and substantially in the preparation and service of meals and
which holds a valid license for the sale and consumption of alcoholic
beverages in sealed containers of two (2) ounces or less shall not extend
to any portion of the business establishment or the property upon which
it is located which is designed as or used for a parking area or a deck to
a swimming pool even though food may be served in such area.
Section 61-5-30. It shall be unlawful for any person to possess or
consume any alcoholic liquors upon any premises where such person has
been forbidden to possess or consume alcoholic liquors by the owner,
operator, or person in charge of the premises. No person or
establishment licensed to sell alcoholic beverages pursuant to this article
shall sell such beverages to persons in an intoxicated condition and such
sales shall be deemed violations of the provisions thereof and subject to
the penalties contained herein.
No person, corporation or organization for whose premises a license
is required shall knowingly allow the possession or consumption of any
alcoholic liquors upon such premises unless a valid license issued
pursuant to subsection (3) or (4) of Section 61-5-20 has been obtained
and is properly displayed.
Section 61-5-40. Any person making application for a license under
subsections (3) and (4) of Section 61-5-20 shall submit his application
to the Alcoholic Beverage Control Commission
commission. The Commission commission
shall have the exclusive authority in issuing any license, or in renewing,
suspending or revoking any license, pursuant to the provisions of this
article.
Section 61-5-50. The commission may grant a license upon finding:
(1) The applicant is a bona fide nonprofit organization or the
applicant conducts a business bona fide engaged primarily and
substantially in the preparation and serving of meals or furnishing of
lodging, as described in Section 61-5-10.
(2) The applicant, if an individual, is of good moral character or, if
a corporation or association, has a reputation for peace and good order
in its community, and its principals are of good moral character.
(3) As to business establishments or locations established after
November 7, 1962, Section 61-3-440 has been complied with.
(4) Notice of application has appeared at least once a week for
three consecutive weeks in a newspaper most likely to give notice to
interested citizens of the county, municipality, or community in which
the applicant proposes to engage in business. The commission shall
determine which newspapers meet the requirements of this section based
on available circulation figures. However, if a newspaper is published
within the county and historically has been the newspaper where the
advertisements are published, the advertisements published in that
newspaper meet the requirements of this section. Applicants for a beer
or wine permit and an alcoholic liquor license may use the same
advertisement for both if it is approved by the commission.
(5) Notice has been given by displaying a sign for fifteen days at
the site of the proposed business. The sign must:
(a) state the type of license sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high;
(e) be posted and removed by an agent of the commission.
Section 61-5-55. Notwithstanding any other provision of law, any
person or organization licensed by the South Carolina Alcoholic
Beverage Control Commission commission may hold and
advertise special events such as bingo, raffles, and other similar
activities intended to raise money for charitable purposes. This section
shall not affect any requirements for obtaining a bingo license from the
South Carolina Tax Commission commission.
Section 61-5-60. The Commission commission may
suspend, revoke or refuse to renew a license upon finding that:
(a) The the applicant no longer meets the
requirements of Section 61-5-50, or
(b) The the applicant has violated since the
issuance of the license any of the regulations promulgated by the
Commission commission or the division, or
(c) The the applicant has violated since the
issuance of the license any other provisions of the Alcoholic Beverage
Control Act, as amended. , or
(d) The the applicant permits entertainment on the
licensed premises where a person is in a state of undress so as to expose
the human male or female genitals, pubic area, or buttocks cavity with
less than a full opaque covering.
Upon the written request of any person who resides in the county
where the license is requested to be granted, the Commission
commission shall not issue such license until any interested
person has been given an opportunity to be heard. No person who has
been convicted of a felony shall be granted a license within ten years of
such conviction.
Section 61-5-70. (A) Licenses issued under this article expire
biennially according to the county where the licensed location is
situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and
Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington,
Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield,
Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter
counties shall obtain a one-year license in 1992. Beginning in 1993
these licensees shall obtain a biennial license.
(2) Licensees in Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union,
Williamsburg, and York counties whose license expires in 1993 shall
obtain a one-year license. Beginning in 1994 these licensees shall obtain
a biennial license.
(3) Licensees in counties not provided in item (1) or (2) whose
license expires in 1992 or 1993 shall obtain a biennial license upon their
first license renewal or registration after June 30, 1992.
(C) The commission shall prorate license fees for license years 1992-94 according to the time the license is valid.
Section 61-5-80. (A) Applications for licenses must be accompanied
by appropriate fees payable to the commission and must be deposited
with the State Treasurer, or are refundable if a license is refused. The
schedule of fees for the license is:
(1) one thousand, five hundred dollars biennially for a nonprofit
organization, as defined in Section 61-5-20(3);
(2) one thousand, five hundred dollars biennially for a business
establishment, as defined in Section 61-5-20(4).
(B) A person who initially applies for a license after the first day of
a license period shall pay license fees in accordance with the schedule
provided in this subsection. During the:
(1) first quarter of the license period: the entire fee;
(2) second quarter of the license period: three-fourths of the
prescribed fee;
(3) third quarter of the license period: one-half of the prescribed
fee;
(4) final quarter of the license year: one-fourth of the prescribed
fee.
(C) Each applicant shall pay a filing fee of one hundred dollars which
must accompany the initial application for each location and is not
refundable.
Section 61-5-85. In addition to the licenses authorized under Section
61-5-80, the Commission commission may also issue
a temporary license for a period not to exceed twenty-four hours to
organizations not organized for profit which will permit such
organizations to purchase and sell at a single social occasion alcoholic
liquors in sealed containers of two ounces or less. Notwithstanding other
provisions of this chapter, the issuance of such permit shall authorize the
organization to which such permit is issued to purchase alcoholic liquors
in sealed containers of two ounces or less from licensed liquor dealers
in the same manner that persons licensed under Section 61-5-80 are
authorized to make such purchases. The fee for such permit shall be
thirty-five dollars payable at the time of application. The permit
application shall include a statement by the applicant as to the amount
of alcoholic liquors to be purchased and the nature and date of the social
occasion at which they shall be sold. The issuance or nonissuance of
permits authorized under this section shall be within the sole discretion
of the Commission commission.
Section 61-5-90. Before the Alcoholic Beverage Control
Commission commission shall refuse to grant any license
or shall suspend or revoke any license issued under the provisions of this
article, at least ten days' notice of such proposed or contemplated action
by the Commission commission shall be given to the
applicant or the licensee affected, as the case may be. The notice shall
be in writing and shall contain a statement of the grounds or reason of
the proposed or contemplated action of the Commission
commission and shall be served upon the applicant or licensee
in person or by certified mail sent to his last known post-office address.
The Commission commission shall in such notice
appoint a time and place when and at which the applicant or licensee
may appear and be heard as to why the license should not be refused,
suspended, or revoked, as the case may be. The applicant or
licensee shall at such time and place have the right to produce evidence
in his behalf and to be represented by counsel.
The action of the Alcoholic Beverage Control Commission
hearing officer or the commission in granting or in refusing to
grant any license under the provisions of this article shall be subject to
review by any court of competent jurisdiction by certiorari,
which appeal pursuant to Section 61-1-40. This action
shall not operate as a supersedeas.
Section 61-5-100. All alcoholic liquors found in the possession,
custody or within the control of any person, corporation or organization,
which are handled, stored, kept, possessed, transported, used or
distributed in violation of any of the provisions of Chapter 3, Chapter 7,
and Article 3 of Chapter 13, or in violation of any of the provisions of
this article, or with the design of avoiding payment of any license taxes
provided in Chapter 33 of Title 12, are hereby declared to be contraband
and may be seized and confiscated without a warrant by the
Commission division, its respective agents, or any peace
officer, and shall be disposed of in accordance with Section 61-13-570.
Section 61-5-110. Any person who transports, possesses or consumes
alcoholic liquors except in a manner permitted by this article and any
person who violates any of the provisions thereof shall be guilty of a
misdemeanor and, upon conviction, shall be fined not more than one
hundred dollars or be imprisoned for not more than thirty days. In
addition any person who is licensed to sell alcoholic liquors pursuant to
the provisions of this article who has in his possession on his licensed
premises any alcoholic beverages in containers other than sealed
containers of two ounces or less, except wine as authorized for sale
under Section 61-3-1030, or who displays such sealed containers when
the seals are broken or who violates any other provisions of this article
shall:
(1) For for a first offense be fined not less than two
hundred dollars nor more than five hundred dollars or have his license
suspended for not more than thirty days, or both;
(2) For for a second offense within three years of the
first offense be fined not less than two hundred dollars nor more than
five hundred dollars or have his license suspended for not more than one
hundred eighty days, or both;
(3) For for a third offense within three years of the
first offense be fined not less than five hundred dollars and have his
license revoked permanently;
(4) For for any violation involving the avoidance of
taxes, a fine of not less than one thousand dollars and permanent
revocation of his license.
Section 61-5-120. Any person, corporation, or organization
who has in their possession, custody, or within their control alcoholic
liquors which are handled, stored, kept, possessed, transported, used or
distributed in violation of any of the provisions of Chapter 3, Chapter
7, and Article 3 of Chapter 13, or in violation of the provisions
of this article or with the design of avoiding payment of any license
taxes provided in Chapter 33 of Title 12, or any other taxes shall be
required to pay a penalty of twenty dollars per container to be assessed
by the Tax Commission commission as other taxes are
collected. The Commission commission may, upon
good cause shown, remit any penalties provided in this section, in whole
or in part.
Section 61-5-130. Notwithstanding any other provision of law to the
contrary, alcoholic liquors and beverages sold in sealed containers of
two ounces or less shall be taxed at the rate of twenty-five cents per
container in addition to the case tax as prescribed in Article 5, Chapter
33, Title 12 and collected as those taxes are collected. Taxes levied in
Article 3 of that chapter shall not apply.
Alcoholic beverages in sealed containers of two ounces or less as
authorized to be sold in this article shall be purchased only by a person
licensed under this article, in case lots and only from licensed liquor
retailers. Any retailer who sells such beverages in such containers to
other than a person licensed under this article shall be deemed guilty of
a misdemeanor and upon conviction be fined not more than one
thousand dollars and be subject to suspension or revocation of his retail
license at the discretion of the Alcoholic Beverage Control
Commission commission. As used in this paragraph a
person licensed under this article shall include his designated agent as
a purchaser. No person licensed under the provisions of subsections (3)
and (4) of Section 61-5-20 shall be licensed as a retail liquor dealer on
the same premises.
Section 61-5-140. The Alcoholic Beverage Control
Commission division shall employ such additional
enforcement personnel as required to adequately enforce the provisions
of this article.
Section 61-5-150. Twenty-five percent of revenue derived from the
twenty-five cents per container tax under the provisions of this article
shall be returned to the counties on a per capita basis, according to the
latest official United States census, to be used for educational purposes
relating to the use of alcoholic liquors and for the rehabilitation of
alcoholics and drug addicts. Counties may pool such funds with other
counties and with other funds for these purposes.
The remaining seventy-five percent of the revenue derived from the
twenty-five cents per container tax shall be distributed as provided for
by the provisions of Section 12-33-30.
Section 61-5-160. Each retail liquor dealer shall have posted in his
place of business a sign with the following words printed thereon: `Any
person may transport alcoholic liquors to and from any place where
alcoholic liquors may be lawfully possessed or consumed; but if the cap
or seal on the container has been opened or broken, it shall be unlawful
to transport such liquors in any motor vehicle, except in the luggage
compartment or cargo area'. The size of the lettering and approved
locations on the dealer's premises shall be provided for by rules and
regulations of the Alcoholic Beverage Control Commission
commission.
Section 61-5-170. In addition to the provisions of Section 61-5-85,
the Commission commission may issue a temporary
permit to allow the possession, sale, and consumption of alcoholic liquor
and beverages. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations
that have been in existence and operating for at least twelve months
prior to the date of application, to nonprofit educational foundations, and
to political parties and their affiliates duly certified by the Secretary of
State. The Commission commission shall charge a
nonrefundable filing fee of thirty-five dollars for processing each
application. The Commission commission in its sole
discretion shall specify the terms and conditions of the permit.
Section 61-5-180. In addition to the provisions of Section 61-5-85,
the commission may issue a temporary permit to allow the possession,
sale, and consumption of alcoholic liquors in sealed containers of two
ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations
and business establishments otherwise authorized to be licensed for
sales. The commission shall charge a nonrefundable filing fee of one
hundred dollars for processing each application and a daily permit fee
of fifty dollars for each day for which a permit is approved. An
application must be filed for each permit requested. The permit fees
must be credited to the general fund of the State. The commission in its
sole discretion shall specify the terms and conditions of the permit.
Permits authorized by this section may be issued only in those
counties or municipalities where a majority of the qualified electors
voting in a referendum vote in favor of the issuance of the permits. The
county or municipal election commission, as the case may be, shall
conduct a referendum upon petition of at least ten percent but not more
than twenty-five hundred qualified electors of the county or
municipality, as the case may be, in not less than thirty nor more than
forty days after receiving the petition. The election commission shall
cause a notice to be published in a newspaper circulated in the county
or municipality, as the case may be, at least seven days before the
referendum. The state election laws shall apply to the referendum
mutatis mutandis. The election commission shall publish the results of
the referendum and certify them to the Alcoholic Beverage Control
Commission South Carolina Tax Commission. The
question on the ballot shall read substantially as follows:
`Shall the Alcoholic Beverage Control Commission South
Carolina Tax Commission be authorized to issue temporary permits
in this (county)(municipality) for a period not to exceed twenty-four
hours to allow the possession, sale, and consumption of alcoholic liquors
in sealed containers containers of two ounces or less to
bona fide nonprofit organizations and business establishments otherwise
authorized to be licensed for sales'?
A referendum for this purpose may not be held more often than once
in forty-eight months.
The expenses of any such referendum must be paid by the county or
municipality conducting the referendum.
Section 61-5-190. The South Carolina Alcoholic Beverage
Control Commission commission is the sole and exclusive
authority empowered to regulate the operation of all retail locations
authorized to sell beer, wine, or alcoholic beverages and is authorized to
establish such conditions or restrictions which the Commission
commission in its discretion considers necessary before issuing
or renewing any license or permit.
Nothing contained in this section may be considered as preventing
judicial appeals from decisions of the South Carolina Alcoholic
Beverage Control Commission, as allowed by law, Hearing
Officer or the commission, as authorized by Section 61-1-40, nor
as limiting in any way the authority of the courts in interpreting and
applying the laws of this State relating to matters administered by the
commission.
Section 61-5-200. The Alcoholic Beverage Control
Commission commission may not generate any license fees
to be deposited in the state general fund through the issuance of licenses
or permits for on or off premises consumption which authorize alcoholic
liquor, beer, or wine to be sold on a drive-through or curb service basis.
Article 3
Disbursement of Revenue
Section 61-5-310. Revenue allocated to counties for educational
purposes relating to the use of alcoholic liquors and the rehabilitation of
alcoholics, drug abusers, and drug addicts pursuant to Article 1 of this
chapter shall be regulated and disbursed in accordance with the
provisions of this article.
Section 61-5-320. Prior to the use of the revenue described in Section
61-5-310, the governing body of each county shall:
(a) Designate designate a single existing county
agency or organization, either public or private, as the sole agency in the
county for alcohol and drug abuse planning for programs funded by
revenues allocated pursuant to Article 1 of this chapter or create a new
agency for that purpose. ;
(b) Develop develop a county plan in accordance
with the State state plan for alcohol abuse and
alcoholism and the State state plan for drug abuse
required by Public Laws 91-616 and 92-255 for the prevention and
control of alcohol and drug abuse and obtain written approval of such
plan by the South Carolina Commission on Alcoholism and the
Commissioner of Narcotics and Controlled Substances. Such written
approval shall be granted by the South Carolina Commission on
Alcoholism and by the Commissioner of Narcotics and Controlled
Substances if reasonable. In the event approval is denied, an appeal to
the Governor shall lie. Such appeal shall fully state the reasons why it
is made. Should the Governor deem nonapproval of the plan by the
South Carolina Commission on Alcoholism and the Commissioner of
Narcotics and Controlled Substances to be unreasonable, he shall
communicate his reasons to the Commission on Alcoholism and the
Commissioner of Narcotics and Controlled Substances and require them
to reexamine such plan in light of his objections. Following such
reexamination, no further appeal shall lie.
Section 61-5-330. The single county agency, as provided for in
Section 61-5-320, shall provide for citizen participation and consumer
input in the development and implementation of the county alcohol and
drug abuse plan through an existing board or advisory committee or,
where none exists or where citizen participation is nonexistent, through
the establishment of a county advisory committee, which shall consult
with and advise the single county agency in the development and
implementation of the county plan.
Section 61-5-340. Revenue funds allocated pursuant to Section 61-5-150 shall be collected and disbursed by the Tax Commission in the
manner and in accordance with schedule of disbursement of other
alcoholic beverage tax moneys monies on a per capita
basis according to the latest official United States census. Such revenue
funds shall actually be disbursed to the counties but shall not be used
until their alcohol and drug abuse plans have been approved. If such
funds have not been expended within two years from receipt by the
county treasurer such funds shall be returned to the General Fund
general fund of the State to be disbursed on a per capita basis
to the counties which have approved plans.
Section 61-5-350. Revenue funds received in accordance with this
article will be expended only for activities and services which are called
for in, and are consistent with, the recommendations of the approved
county alcohol and drug abuse plan.
Section 61-5-360. Each county governing body shall:
(a) Establish establish such methods of
administration as are necessary for the proper and efficient operation of
the programs and services or projects, including the provision of annual
reports of progress toward implementing county plans to the South
Carolina Commission on Alcohol and Drug Abuse
(Commission). ;
(b) Provide provide for such accounting
procedures as may be necessary to assure proper disbursement of and
accounting for such funds, including an annual audit of fiscal records,
a copy of which shall be furnished to the South Carolina
Commission on Alcohol and Drug Abuse .
Section 61-5-370. The provisions of this article shall not be construed
as preventing two or more counties from joining together in plans,
programs and projects or in designating a single agency to administer
multicounty plans required by item (b) of Section 61-5-320.
Section 61-5-380. Funds disbursed pursuant to the provisions of
Article 1 of this chapter and this article shall be used only to supplement
and increase the level of Federal federal, State
state, local and other funding that would in the absence of these
funds be made available, and will in no event be used to supplant
Federal federal, State state, local and
other funds."
SECTION 5. Chapter 7, Title 61 of the 1976 Code is amended to read:
"CHAPTER 7
Importation of Alcoholic Beverages
Section 61-7-10. (1) The word `producer' as used in Chapter 3, this
chapter and Article 3 of Chapter 13, shall mean a manufacturer, distiller,
rectifier, blender, or bottler of alcoholic liquors and shall include an
importer of alcoholic liquors engaged in importing such alcoholic
liquors into the United States.
(2) `Registered producer' shall mean a producer as herein defined who
is registered with the South Carolina Alcoholic Beverage Control
Commission commission pursuant to this chapter.
(3) `Producer representative' shall mean a person who is a bona fide
citizen of South Carolina and who maintains his principal place of abode
in this State and who is registered with the South Carolina Alcoholic
Beverage Control Commission commission pursuant to this
chapter as the South Carolina representative of a registered producer.
Section 61-7-20. The provisions of this chapter shall be applicable
notwithstanding any other provision of law.
Section 61-7-30. The Alcoholic Beverage Control
Commission commission shall administer the
provisions of this chapter and the division shall enforce the
provisions of this chapter.
Section 61-7-40. The Alcoholic Beverage Control
Commission commission and the division shall have the
power to make such rules and regulations not inconsistent with law
deemed necessary for the proper administration and enforcement of this
chapter. Such rules and regulations shall have the full force and effect
of law.
Section 61-7-50. Any manufacturer licensed under the provisions of
Chapter 3, this chapter and Article 3 of Chapter 13, shall be exempt from
the provisions of this chapter.
Section 61-7-60. No person other than a registered producer shall
ship or move, or cause to be shipped or moved, any alcoholic liquors
from a point outside South Carolina to a point within the geographic
limits of South Carolina, and then only in accordance with the
provisions of this chapter. No brand may be registered by the producer
unless the person registering the brand is either the American producer
or the primary American source of supply in the United States of such
brand as herein defined, and it shall be unlawful for any wholesaler in
this State to order, purchase or receive any alcoholic beverages from any
producer who is not the primary American source of supply for the
brand ordered, purchased or received. The term primary American
source of supply means the manufacturer, distiller, vintner, winery, or
owner of vinous or spirituous beverages at the time same becomes a
marketable product, or bottler, or the exclusive agent of any such person,
who, if the product cannot be secured directly from the manufacturer by
an American distributor, is the source closest to the manufacturer in the
channel of commerce from whom the product can be secured by an
American distributor, or who, if the product can be secured directly from
the manufacturer by an American distributor, is the manufacturer.
Section 61-7-70. No alcoholic liquors shall be shipped or moved into
South Carolina unless and until each brand of such alcoholic liquors is
duly registered with the South Carolina Alcoholic Beverage Control
Commission commission in accordance with the provisions
of this chapter and regulations of the Alcoholic Beverage Control
Commission commission promulgated thereunder.
Section 61-7-80. (A) Every producer shall apply to the commission
on forms the commission prescribes for a certificate of registration,
which certificate must be approved and issued before the shipment of
alcoholic liquors by the producer to a point within the geographic limits
of South Carolina.
(B) Every producer, at the same time application is made for a
certificate of registration, shall remit to the commission a fee of two
hundred dollars. Where a certificate is applied for on or after March
first, the fee is one hundred fifty dollars.
(C) Every certificate of registration is valid from the date of issue
until the second August thirty-first after the issuance of the license.
Section 61-7-90. (A) Every registered producer, before the shipment
of alcoholic liquors to a point within the geographic limits of South
Carolina, shall obtain from the commission a certificate of registration
for each brand of alcoholic liquors intended to be shipped to a point
within the geographic limits of this State. The commission shall provide
appropriate forms for application for certificate of registration of brands
of alcoholic liquors.
(B) When an application for a certificate of registration of brands of
alcoholic liquors is submitted a fee of twenty dollars must be paid to the
commission for each brand except the first five brands of a registered
producer.
(C) A certificate of registration of brands of alcoholic liquors is valid
from the date of issue to the second August thirty-first after the issuance
of the license.
Section 61-7-100. Every registered producer of alcoholic liquors
shall, at the time of application for registration in this State, file with the
Alcoholic Beverage Control Commission commission
an affirmation of corporate policy with regard to sales of all brands
owned, controlled, sold, offered for sale, franchised or distributed by
such producer in this State. The affirmation shall certify that the
producer shall not wilfully sell or offer for sale any alcoholic liquors of
a particular brand and proof in any State state in the
United States at a price lower than the price such liquors are sold or
offered for sale to licensed South Carolina wholesalers.
`Price' as used in this section shall mean platform price at the
distillery and shall not include price differentials based on transportation
costs, containers or other costs not directly related to the quality and
proof of the product concerned. Quantity discount prices for liquors
sold to monopoly states or elsewhere shall not be considered to be
violations of the producer's affirmation if such discount prices are also
offered to South Carolina wholesalers for purchases in the same
quantities.
Any registered producer who fails to file such affirmation or wilfully
violates the pledges contained therein shall have its registration and
privileges to import and sell alcoholic liquors in the State refused,
cancelled, or suspended at the discretion of the Alcoholic
Beverage Control Commission commission for such
periods as the Commission commission may deem
necessary and proper.
Any producer may appeal a judgment of the Alcoholic Beverage
Control Commission to the circuit court of Richland County
Alcoholic Beverage Control Hearing Officer and the commission
pursuant to Section 61-1-40.
Section 61-7-110. No person is qualified as a producer representative
unless and until he has made application to the Alcoholic Beverage
Control Commission commission for a certificate of
registration and the certificate has been approved and issued. The
commission shall provide appropriate forms for application for a
certificate of registration as a producer representative.
Upon submission of an application for a certificate of registration as
a producer representative, a fee of fifty dollars must be paid to the
commission and is valid for a biennial period.
Section 61-7-120. No person having a direct or indirect interest in a
wholesale or retail liquor business in South Carolina may qualify as a
producer representative.
Section 61-7-130. (A) A registered producer may store alcoholic
liquors only in a warehouse of the registered producer licensed by the
commission. The commission shall require sufficient bond with respect
to a licensed warehouse to insure ensure proper
handling of liquors stored in the warehouse. Application for license to
operate a warehouse must be filed on forms prescribed by the
commission.
(B) When an application for a warehouse license is submitted, a fee
of four hundred dollars must be paid to the commission. Where
application is made for a warehouse license on or after March first, the
fee is one hundred fifty dollars. A warehouse license is valid from the
date of issue until the second August thirty-first after the issuance of the
license.
Section 61-7-140. Alcoholic liquors shall be shipped or moved from
a point without South Carolina to a point within the geographic limits of
South Carolina only by railroad companies, steamship companies,
express companies, or truck companies authorized to do business in
South Carolina as common carriers by the South Carolina Public Service
Commission, by wholesalers licensed by the South Carolina
Alcoholic Beverage Control Tax Commission or by
producers registered by such commission in their own trucks. Such
alcoholic liquors shall be shipped or moved only to the registered
producer in care of the producer representative who is registered to
handle the property of the registered producer originating the shipment.
The shipment of alcoholic liquors shall be either stored in a duly
licensed warehouse of the registered producer or, after delivery to the
producer's representative is complete, may then be shipped by common
carriers aforementioned, by wholesalers licensed by the South Carolina
Alcoholic Beverage Control Tax Commission or by
producers registered by such commission in their own trucks to a duly
licensed wholesaler. Shipments of alcoholic liquors from a licensed
producer's warehouse to a licensed South Carolina wholesaler may be
made in a vehicle owned or operated by the wholesaler. Should
alcoholic liquors be stored in the warehouse of a registered producer, or
after delivery to the producer's representative is complete, they may be
shipped to a duly licensed wholesaler or to a point without South
Carolina. Prior to any such shipment or transfer, the producer's
representative shall apply to the Alcoholic Beverage Control
Tax Commission, on forms prescribed by the Alcoholic
Beverage Control Tax Commission, for permission to ship
or transfer such alcoholic liquors, and the producer's representative shall
have received a certificate of approval of such shipment or transfer.
Section 61-7-150. Prior to shipment into the geographic boundaries
of South Carolina, the registered producer shall mail to the Alcoholic
Beverage Control Commission commission by first-class
mail a correct and complete invoice, showing in detail the items in such
shipment by quantity, type, brand, size, price, and the point of origin,
and the point of destination. Also prior to or at the time of shipment, a
copy of the bill of lading shall be forwarded to the Alcoholic
Beverage Control Commission commission by first-class
mail.
Immediately upon acceptance of delivery of the shipment by the
producer's representative, the producer's representative shall furnish the
Alcoholic Beverage Control Commission commission
with a copy of the invoice covering the shipment with endorsement
thereon showing the date, time, and place delivery was accepted.
Section 61-7-160. Prior to shipment to any South Carolina wholesaler
or to any point without the State of South Carolina, the producer's
representative shall mail to the Alcoholic Beverage Control
Commission commission a correct and complete copy of
the invoice covering the shipment, showing the name and address of the
consignee and, in detail, the items in such shipment by quantity, type,
brand, size, and price. On all shipments to a point without South
Carolina, the producer's representative shall at the time of shipment mail
to the Alcoholic Beverage Control Commission
commission a copy of the bill of lading.
Section 61-7-170. Any alcoholic liquors shipped or moved into the
geographic limits of South Carolina in violation of any provision of this
chapter, are hereby declared contraband and may be seized and sold as
provided by Section 61-13-570.
Section 61-7-180. The Alcoholic Beverage Control
Commission commission, in its discretion, upon due
consideration of the information contained in applications for certificates
and licenses provided for in this chapter, shall issue or reject the
certificate or license applied for.
Section 61-7-190. Any and all certificates of registration or licenses
provided by this chapter may be suspended or revoked by the
Alcoholic Beverage Control Commission commission
upon a showing of any violation of law or of any regulation of the
Alcoholic Beverage Control Commission commission or the
division.
Section 61-7-200. In all cases the applicant for a certificate or license
required by this chapter, as a condition precedent to the issue of such
certificate or license, must certify that the Alcoholic Beverage
Control Commission commission and the division shall
have the right within statutory limitations to audit and examine the
books and records, papers and memoranda of the applicant, with respect
to the administration and enforcement of laws administered by the
Alcoholic Beverage Control Commission commission and
the division.
Section 61-7-210. All moneys monies received by
the Alcoholic Beverage Control Commission
commission under the provisions of this chapter shall be
deposited with the State Treasurer to the credit of the general fund of the
State.
Section 61-7-300. (a) (A) All alcoholic liquors
purchased by military establishments located in the State shall be
purchased from wholesalers licensed in this State to sell such liquors.
Purchase orders from the military establishment shall be furnished to a
licensed wholesaler and the order shall be processed and delivered by
the wholesaler as nonmilitary orders are processed and delivered except
that delivery shall be made to the military establishment rather than to
a licensed retailer.
(b) (B) Alcoholic liquors sold to the military
establishment shall be tax free except for the case tax imposed under
Sections 12-33-410 and 12-33-420, which tax shall be absorbed by the
wholesaler and not passed on to the purchaser.
(c) (C) The Tax Commission and the Alcoholic
Beverage Control Commission commission and the
division may promulgate regulations necessary to implement the
provisions of this section.
(d) (D) Any registered producer who sells alcoholic
beverages in violation of this section shall have its certificate of
registration, as provided for in Section 61-7-80, suspended for such
period as the Alcoholic Beverage Control Commission
commission shall determine.
Section 61-7-305. It is unlawful for a wholesale or retail dealer to
redeem proof-of-purchase certificates for any promotional item.
However, this subsection does not preclude a producer from redeeming
by mail proof-of-purchase certificates for nonalcoholic promotional
items."
SECTION 6. Chapter 9, Title 61 of the 1976 Code is amended to read:
"CHAPTER 9
Beer, Ale, Porter and Wine
Article 1
General Provisions
Section 61-9-10. All beers, ales, porter and other similar malt or
fermented beverages containing not in excess of five per cent of alcohol
by weight and all wines containing not in excess of twenty-one per cent
of alcohol by volume are hereby declared to be nonalcoholic and
nonintoxicating beverages.
Section 61-9-20. It shall be unlawful for any person to sell or permit
to be sold any beer, ale, porter, wine, malt, or other beverage
authorized to be sold under this chapter on which the tax levied be not
paid. Any person having charge of the sale of any such beverage who
shall sell or permit it to be sold in violation of the provisions of this
section shall be guilty of a misdemeanor and shall be fined for each
offense not less than twenty-five dollars nor more than one hundred
dollars or imprisoned for a period of not less than ten days nor more than
thirty days in the discretion of the court.
Section 61-9-30. All beer or wine sold by wholesalers to the holders
of retail licenses in this State shall be sold for cash only at the time of
delivery or prior thereto. Cash shall mean money or a bona fide check
or money order. Any holder of a retail permit who issues a check in
payment for beer or wine with insufficient funds at the bank to cover it
shall have violated the provision of this section. This provision for cash
payment shall apply to cash deposits on empties when beer is delivered
in returnable containers. This deposit shall be not less than the charge
from the brewery to the wholesaler and in no event less than sixty cents
per case of twenty-four twelve-ounce bottles or twelve one-quart bottles.
Section 61-9-40. (A) It is unlawful for any person to sell beer, ale,
porter, wine, or any other similar malt or fermented beverage to a person
under twenty years of age and effective September 14, 1986, under
twenty-one years of age. Any person making such unlawful sale must
be, upon conviction, fined not less than one hundred dollars nor more
than two hundred dollars or imprisoned not less than thirty days nor
more than sixty days, or both, in the discretion of the court.
(B) Failure of any person to require identification to verify a person's
age is prima facie evidence of the violation of this section.
Section 61-9-50. It shall be unlawful for any person to whom beer or
wine cannot be lawfully sold to knowingly give false information
concerning his age for the purpose of purchasing beer or wine.
Section 61-9-60. It shall be unlawful for any person to purchase beer
or wine while on licensed premises and to give such beer or wine to a
person to whom beer or wine cannot lawfully be sold, for consumption
on such premises.
Section 61-9-70. Any person violating the provisions of Sections 61-9-50 and 61-9-60 shall, upon conviction, be fined not less than fifty nor
more than one hundred dollars or be imprisoned for not more than thirty
days.
Section 61-9-85. If a person is charged with a violation of Section 61-9-40 (the unlawful sale of beer or wine to minors), the minor shall also
be charged with a violation of Section 20-7-370 (unlawful purchase or
possession of beer or wine). In addition, if the minor violated Section
61-9-50 (false information as to age) or if an adult violated Section 61-9-60 (unlawful purchase of beer or wine for a person who cannot lawfully
buy), these persons shall also be charged with their violations.
Unless the provisions of this section are followed, no person charged
with a violation of Section 61-9-40 shall be convicted of such offense.
Nothing herein contained shall require that charges, once made
pursuant to this section, be prosecuted to conclusion, but rather this
determination shall be made in the manner provided by law.
Section 61-9-87. It shall be unlawful for any person to have in his
possession any beer or wine in an open container in a moving vehicle of
any kind, licensed to travel in this State or any other state, that may
travel upon the public highways of this State, except in the trunk or
luggage compartment. This section shall not be construed to prohibit
transporting beer or wine in a closed container. Any person who
violates the provisions of this section is guilty of a misdemeanor and
upon conviction shall be fined not more than one hundred dollars or
imprisoned not more than thirty days.
Section 61-9-90. It shall be unlawful for any person to sell or offer
for sale any wine or beer in this State between the hours of twelve
o'clock Saturday night and sunrise Monday morning; provided, however,
that any establishment licensed pursuant to Sections 61-5-10 to 61-5-160
shall be authorized to sell such products during those hours in which the
sale of alcoholic beverages in containers of two ounces or less is lawful.
Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor and upon conviction shall be punished by a fine
of not more than one hundred dollars or be imprisoned for not exceeding
thirty days. The right of any person to sell wine and beer in this State at
any time under a license issued by the State shall be forfeited and the
license revoked upon his conviction of violating the provisions of this
section. Municipal ordinances in conflict herewith shall be
unenforceable.
Section 61-9-100. If any beer or wine is sold or delivered to anyone
from any place of business between the hours of twelve o'clock Saturday
night and sunrise Monday morning, all beer and wine found within the
said place of business is hereby declared contraband and shall be seized
by any peace officer and handled as contraband liquor. Provided, that
the person owning or claiming such beer or wine may retain possession
of it by delivering to the peace officer a cash bond in an amount equal
to the cost price of the beer or wine. The cost price shall not be less than
the average price charged for a like quantity of beer or wine by a
licensed wholesaler. The peace officer receiving the bond shall deliver
a written receipt to the person posting the bond. If the peace officer is
a representative of the Alcoholic Beverage Control Commission
division, the cash bond shall be deposited in the State Treasury.
If the peace officer is a representative of a municipality, the cash bond
shall be deposited in the treasury of the municipality. In all other cases,
the cash bond shall be deposited in the treasury of the county in which
the beer or wine was located when declared contraband. If the
Alcoholic Beverage Control Commission commission
or court shall determine that the person charged with the violation which
required the posting of a bond was not guilty of the offense charged, the
bond shall be returned to the person posting such bond. If the person so
charged shall be found guilty, the bond shall be forfeited to the State,
county or municipality, as the case may be. The licensee shall have a
right to appeal to the circuit court, any final order of the Alcoholic
Beverage Control Commission or inferior court, within ten days of the
date of such order any decision of the Alcoholic Beverage
Control Hearing Officer and the commission pursuant to Section 61-1-40.
Section 61-9-110. Any person who drinks beer or wine or possesses
beer or wine in an open container between the hours of twelve o'clock
Saturday night and sunrise Monday morning at any place licensed to sell
beer or wine shall be deemed guilty of a misdemeanor and upon
conviction shall be fined not more than one hundred dollars or be
imprisoned for not more than thirty days.
Section 61-9-120. If any beer or wine is sold to anyone by a person
who does not have a valid license to make such a sale, all beer and wine
found on the premises of such person is hereby declared contraband and
shall be seized by any peace officer and handled as contraband liquor.
Section 61-9-130. It shall be unlawful for any person to sell or offer
for sale any wine or beer within any county of this State having a
population as shown by the sixteenth census of the United States,
commonly known as the census of 1940, of more than seventeen
thousand five hundred and less than eighteen thousand five hundred,
between the hours of eleven o'clock P. M. Saturday night and sunrise
Monday morning.
Any person violating the provisions of this section shall be guilty of
a misdemeanor and punished by a fine of not more than one hundred
dollars or imprisonment for not more than thirty days.
Section 61-9-140. If any penalty imposed by this chapter remains due
and unpaid for a period of ten days, the Commission
commission shall issue a warrant under its bond and official
seal in accordance with Article 1 of Chapter 53 of Title 12.
Section 61-9-170. Notwithstanding any other provision of law, a
holder of a retail permit to sell beer and wine may transfer beer and wine
to other businesses. For this transfer to be lawful, all businesses
involved in the transfer must hold a retail beer and wine permit issued
to the same individual, partnership, or corporation. In addition, a
particular brand of beer may be transferred only between retail outlets
located within the territorial restrictions described in the distribution
agreement between the brewery and the wholesaler on file with the
commission pursuant to Section 61-9-1100. Transfers of beer and wine
between retail beer and wine locations in a manner not authorized by
this section, purchase of beer or wine by a retailer from another retailer
for the purpose of resale, and sale of beer or wine by a retailer to a
retailer for the purpose of resale are unlawful. A person violating the
provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than two hundred dollars.
Article 2
Producers and Wholesalers of Beer and Wine
Section 61-9-210. `Producer' as used in this article means a brewery
or winery or a manufacturer, bottler, or importer of beer or wine into the
United States.
Section 61-9-220. Every producer shall apply to the commission on
the forms the commission may prescribe for a certificate of registration,
which certificate must be approved and issued before the shipment of
beer or wine by the producer to a point within the geographic limits of
South Carolina. Every producer, at the same time application is made
for a certificate of registration, shall remit to the commission a fee of
two hundred dollars. Every certificate of registration is valid from the
date of issue until the second August thirty-first after the issuance of the
license. Beer and wine wholesalers shall purchase only beer, ale, or
wine from manufacturers or importers who hold a certificate of
registration issued by the commission. Nothing in this section or
Section 61-9-315 prevents the transfer or purchase and sale, for resale
to retailers only, between wholesalers authorized by the registered
producer or an exclusive agent in South Carolina to distribute the same
brand or brands of wine, beer, or ale.
Section 61-9-230. The commission, in its discretion, upon
consideration of the information contained in applications for certificates
provided for in this article, shall issue or reject the application.
Section 61-9-240. Certificates of registration provided for in this
article may be suspended or revoked by the commission upon a showing
of a violation of law or of a regulation of the commission.
Section 61-9-250. The commission and the division have
has the right within statutory limitations to audit and examine the
books and records, papers, and memoranda of a producer with respect
to the administration and enforcement of laws administered by the
commission and the division.
Section 61-9-260. Any beer or wine shipped or moved into the
geographic limits of South Carolina in violation of a provision of this
chapter is declared contraband and may be seized and sold as provided
in Section 61-13-570.
Section 61-9-270. The commission shall administer the
provisions of this chapter and the division shall enforce the
provisions of this article.
Section 61-9-280. The commission and the division may
make the regulations, not inconsistent with law, that are necessary for
the proper administration and enforcement of this article.
Section 61-9-290. All monies received by the commission or the
division under the provisions of this chapter must be deposited with
the State Treasurer to the credit of the general fund of the State.
Article 3
Permits for Sales
Section 61-9-310. (A) Every person engaging in the business of
selling beer, ale, porter, wine, or a beverage which has been declared to
be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply
to the commission for a permit to sell these beverages. Each applicant
shall pay a filing fee of two hundred dollars which is not refundable.
Retail dealers shall pay to the commission four hundred dollars
biennially for retail permits, and wholesale dealers shall pay to the
commission two thousand dollars biennially for wholesale permits.
Separate permits are required for each separate place of business.
(B) All permits issued under this chapter expire biennially according
to the county where the place of business is situated. The expiration
dates are:
(1) the last day of February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and
Berkeley counties;
(b) even number for Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;
(2) the last day of May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington,
Dillon, Fairfield, Florence, and Horry counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York counties;
(3) the last day of August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter counties;
(b) even number for Richland County;
(4) the last day of November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg counties.
(C)(1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield,
Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall
obtain a one-year permit in 1992. Beginning in 1993 these permittees
shall obtain a biennial permit.
(2) Permittees in Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union,
Williamsburg, and York counties whose permit expires in 1993 shall
obtain a one-year permit. Beginning in 1994, these permittees shall
obtain a biennial permit.
(3) Permittees in counties not provided in item (1) or (2) whose
permit expires in 1992 or 1993 shall obtain a biennial permit upon their
first permit renewal or registration after June 30, 1992.
(D) The commission shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.
Section 61-9-315. (A) A manufacturer or brewer of beer, ale, porter,
or other malt beverages or any person who imports these products
produced outside the United States shall not sell, barter, exchange,
transfer, or deliver for resale any beer to any person not having a
wholesale permit granted under Section 61-9-310, and a holder of a
wholesale permit shall not sell, barter, exchange, transfer, or deliver for
resale any beer to any person not having a retail or wholesale permit.
(B) A manufacturer, brewer, importer, or wholesaler of beer, or
anyone acting on their behalf, shall not furnish, give, rent, lend, or sell,
directly or indirectly, to the holder of a retail permit any equipment,
fixtures, free beer, or service.
(C) Notwithstanding subsection (B), a wholesaler may furnish at no
charge to the holder of a retail permit draft beer equipment replacement
parts of nominal value, including washers, gaskets, hoses, hose
connectors, clamps, and tap markers, party wagons for temporary use,
and point of sale advertising specialties. A wholesaler may also furnish
the following services to a retailer: cleaning draught lines, setting
boxes, rotating stock, affixing price tags to beer products, and building
beer displays.
(D) The holder of a retail permit, or anyone acting on his behalf, shall
not accept, directly or indirectly, any equipment, fixtures, free beer, or
service referred to in subsection (B) from a manufacturer, brewer,
importer, or wholesaler of beer except as provided in subsection (C).
(E) A manufacturer, brewer, and importer of beer are declared to be
in business on one tier, a wholesaler on another tier, and a retailer on
another tier. Any person or entity in the beer business on one tier, or
anyone acting directly or indirectly on his behalf, shall not have any
ownership or financial interest in the beer business operation on another
tier. This limitation does not apply to the interest held on July 1, 1980,
by the holder of a wholesale permit in a business operated by the holder
of a retail permit at premises other than where the wholesale business is
operated.
(F) A manufacturer, brewer, importer, or wholesaler of beer may
discount product price based on quantity purchases provided that all
discounts must be on price only, must appear on the sales records, and
must be available to all customers.
(G) No person or entity in the beer business on one tier may require
any person or entity in such business on another tier to advertise or
participate in a discount or special promotional.
Section 61-9-320. No permit authorizing the sale of beer or wine may
be issued unless:
(1) The applicant, any partner or co-shareholder of the applicant,
and each agent, employee, and servant of the applicant to be
employed on the licensed premises, are of good moral character.
(2) The retail applicant is a citizen of this State for at least one year
before the date of application and has maintained his principal place of
abode in South Carolina for at least one year before the date of
application.
(3) The wholesale applicant is a citizen of this State for at least one
year before the date of application and has maintained his principal place
of abode in South Carolina for at least one year before the date of
application or has been licensed previously under the laws of this State.
(4) The applicant, within two years before the date of application,
has not had revoked a beer or a wine permit issued to him.
(5) The applicant is twenty-one years of age or older.
(6) The location of the proposed place of business of the applicant
is in the opinion of the Alcoholic Beverage Control Commission
commission a proper one. The commission may consider,
among other factors, as indications of unsuitable location, the proximity
to residences, schools, playgrounds, and churches. This item does not
apply to locations licensed before its effective date.
(7) Notice of application has appeared at least once a week for three
consecutive weeks in a newspaper most likely to give notice to
interested citizens of the county, city, or community in which the
applicant proposes to engage in business. The commission shall
determine which newspapers meet the requirements of this section based
on available circulation figures. However, if a newspaper is published
within the county and historically has been the newspaper where the
advertisements are published, the advertisements published in that
newspaper meet the requirements of this section. Applicants for a beer
or wine permit and an alcoholic liquor license may use the same
advertisement for both if it is approved by the commission.
(8) Notice has been given by displaying a sign for fifteen days at the
site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high;
(e) be posted and removed by an agent of the commission.
Section 61-9-330. In considering an application for a permit for the
sale of beer or wine at a location within five miles of a political
subdivision of a foreign state in which the sale of beer or wine is
prohibited, the Alcoholic Beverage Control Commission
commission shall, in addition to the factors now required to be
considered, take into account the proximity of the location to the
prohibited area, the likelihood that large crowds will gather from time
to time with attendant breaches of the peace, the requirement of
increased law enforcement officers, and any other factor which in its
judgment should rightfully be considered, before issuing the permit.
These special considerations, however, shall not apply where the
application is made with respect to a location within the corporate limits
of a municipality.
Section 61-9-340. When upon the filing of a verified application with
the Alcoholic Beverage Control Commission
commission it is shown that the foregoing qualifications and
conditions are met and when upon investigation of the
Commission division it is determined by the
Commission commission that the applicant is a fit
person to sell beer or wine and that the location of the proposed place of
business is a proper one, the Commission commission
shall issue a permit to such applicant to sell beer or wine on the premises
described in the application upon the payment of the fee prescribed by
law. Any misstatement or concealment of fact in an application shall be
a sufficient ground for the revocation of the permit issued by reason of
such application.
The Commission commission may, in those cases
where it deems necessary, require an applicant to post a cash bond or
surety bond with a bonding company approved by the State Insurance
Commission, as an additional condition for a permit. The bond shall be
in such amount as may be determined by the Tax Commission
and shall be subject to forfeiture in whole or in part for violations of law
relating to the sale of beer or wine.
Section 61-9-360. The Commission commission may
issue permits running for a period not exceeding fifteen days for a fee of
ten dollars per day. Such special permits shall be issued only for
locations at fairs and special functions.
Section 61-9-380. In addition to the penalties provided herein, the
Commission commission may revoke the permit of any
person failing to comply with any or all of the requirements hereof.
Section 61-9-390. Any dealer, wholesale or retail, failing to secure
a permit required in this article shall be guilty of a misdemeanor and,
upon conviction, shall be subject to a fine of not less than ten dollars nor
more than one hundred dollars or imprisonment not less than ten days
nor more than thirty days, in the discretion of the court. Each day that
such business is carried on without a permit shall constitute a separate
offense.
Section 61-9-400. Notwithstanding any other provisions of law, any
establishment that holds a valid beer and wine license and license to sell
alcoholic beverages in containers of two ounces or less, may sell wine
which is not in excess of twenty-one percent of alcohol by volume as
defined in Section 61-9-10, to be consumed on the premises.
Section 61-9-410. No holder of a permit authorizing the sale of beer
or wine or any servant, agent, or employee of the permittee shall
knowingly do any of the following acts upon the licensed premises
covered by the holder's permit:
(1) sell beer or wine to a person under twenty years of age and
effective September 14, 1986, under twenty-one years of age;
(2) sell beer or wine to any person while the person is in an
intoxicated condition;
(3) permit gambling or games of chance;
(4) permit lewd, immoral, or improper entertainment, conduct, or
practices. This includes, but is not limited to, entertainment, conduct, or
practices where a person is in a state of undress so as to expose the
human male or female genitals, pubic area, or buttocks cavity with less
than a full opaque covering;
(5) permit any act, the commission of which tends to create a public
nuisance or which constitutes a crime under the laws of this State; or
(6) sell, offer for sale, or possess any beverage or alcoholic liquor the
sale or possession of which is prohibited on the licensed premises under
the law of this State.
A violation of any of the foregoing provisions is a ground for the
revocation or suspension of the holder's permit.
Section 61-9-420. The Alcoholic Beverage Control
Commission commission shall have jurisdiction of any
proceedings brought for the revocation or suspension of permits
authorizing the sale of beer or wine. The Commission
commission may, on its own initiative or on complaint signed
and sworn to by two or more freeholders resident for the six preceding
months in the community in which the licensed premises are located or
by any local peace officer, all of whom are hereby charged with the duty
of reporting immediately to the Commission
commission any violation of the provisions of Section 61-9-410
hereof, institute proceedings to revoke or suspend any such permit after
a hearing at which the permittee shall be given an opportunity to be
heard. Such hearing shall be held in such manner and upon such notice
as may be prescribed by rules of the Commission
commission. The judgment of the Commission
hearing officer or the commission revoking or suspending such
permit shall not be superseded or stayed during the pendency of an
appeal therefrom.
Section 61-9-430. Upon the revocation, cancellation or suspension
of a license or permit to sell beer or wine, at wholesale or retail, the
licensee shall immediately surrender his license to the Alcoholic
Beverage Control Commission commission.
Section 61-9-440. It shall be unlawful for any licensee, or any holder
of a license to sell beer or wine at wholesale or retail, to sell or offer to
sell beer or wine after such license shall have been revoked or cancelled
or during the period of a suspension of such license.
Section 61-9-450. Any person violating any of the provisions of
Sections 61-9-430 or 61-9-440 shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine of not less than twenty
dollars nor more than one hundred dollars or by imprisonment for not
less than ten days nor more than thirty days, or by both such fine and
such imprisonment, in the discretion of the court.
Article 5
Provisions Affecting Wine Only
Section 61-9-610. Regulation No. 4 of the Treasury Department,
Federal Alcohol Administration Division, relating to `Labeling and
Advertising of Wine', is hereby adopted for the labeling and advertising
of wine sold or offered for sale in this State, except in so far
insofar as the same shall differ from existing laws of the State
or from any regulations adopted by the South Carolina Alcoholic
Beverage Control Commission commission.
Section 61-9-615. Notwithstanding any other provision of law, any
licensed winery in this State which produces and sells only domestic
wine as defined in Section 12-21-1010 is authorized to sell such
domestic wine with an alcoholic content of fourteen percent or less on
the winery premises and deliver or ship such wine to consumer homes
within or without the State. Such domestic wineries are further
authorized to provide without cost wine taste samples to prospective
customers.
Section 61-9-617. Permitted wineries which produce and sell only
domestic wine as defined in Section 12-21-1010 may sell the wine at
retail, wholesale, or both, and deliver or ship the wine to the purchaser
in South Carolina. Domestic wine must be delivered between 7:00 a.m.
and 7:00 p.m.
Section 61-9-620. It shall be unlawful for any person to import, sell
or offer for sale in this State wines of which the labels,
standards, or identity do not conform to the provisions of said
Regulation No. 4. Imitation, concentrate and substandard wines, as
defined in said Regulation No. 4, are hereby prohibited from sale in this
State.
Section 61-9-625. No person other than a registered producer may
ship or move, or cause to be shipped or moved, any beer, ale, porter,
malt beverage, or wine from a point outside South Carolina to a point
within the geographic limits of South Carolina, and then only in
accordance with the provisions of this chapter. No brand may be
registered by the producer unless the person registering the brand is
either the American producer or the primary American source of supply
in the United States of the brand as herein defined, and it is unlawful for
any wholesaler in this State to order, purchase, or receive any beer, ale,
porter, malt beverage, or wine from any producer who is not the primary
American source of supply for the brand ordered, purchased, or
received. The term primary American source of supply means the
manufacturer, distiller, vintner, brewer, producer, winery, or owner of
vinous or spirituous beverages at the time they become a marketable
product, or bottler, or the exclusive agent of these persons, who, if the
product cannot be secured directly from the manufacturer by an
American distributor, is the source closest to the manufacturer in the
channel of commerce from whom the product can be secured by an
American distributor, or who, if the product can be secured directly from
the manufacturer by an American distributor, is the manufacturer. The
provisions of this section do not apply to any person who produces beer,
ale, porter, malt beverage, or wine solely in this State and who
subsequently ships or sells this beer, ale, porter, malt beverage, or wine
solely in this State.
Section 61-9-626. An individual may order wine produced outside
this State, which has not been approved or licensed for sale or
distribution in this State, from an in-state wholesaler by placing a special
order for this wine with the out-of-state winery. The wine may then be
shipped by the winery to that wholesaler who, after paying or affixing
the necessary taxes or tax stamps, is authorized to sell this wine to that
individual through a licensed retailer.
Section 61-9-630. The importation into, offering for sale or sale in
this State of any product as `wine' to which any substance shall have
been added, except as permitted by Federal federal law
and regulations and except pure fruit or vegetable products derived from
the same kind of fruit or vegetable from the juice of which the wine was
fermented, is hereby prohibited and declared to be a misdemeanor.
Section 61-9-640. The Alcoholic Beverage Control
Commission division shall provide for the inspection of all
wines imported into or offered for sale in this State, the expense thereof
to be paid from the proceeds of the wine tax. The Commission
commission may also make regulations as to the
containers in which wine may be sold at retail and to declare to be
`undesirable wine packages' any wine sold in a container prohibited in
such regulations or any wine the sale of which is prohibited in Sections
61-9-620 or 61-9-630. The offering for sale or sale in this State of any
undesirable wine packages, as declared by the Commission
commission, under this section, is hereby prohibited and
declared to be a misdemeanor.
Section 61-9-650. Any person who shall violate any provision of this
article or any rule or regulation promulgated by the Alcoholic
Beverage Control Commission commission or the division
under the authority of this article shall, upon conviction thereof, be
punished by a fine of not less than one hundred dollars nor more than
five hundred dollars or by imprisonment for not less than thirty days nor
more than six months, or both such fine and imprisonment, in the
discretion of the court. Any person convicted of violating any of the
provisions of this article or any rules or regulations of the Alcoholic
Beverage Control Commission commission or the division
made under authority of this article shall forfeit his permit to sell wine
and shall not thereafter for a period of two years be permitted to engage
in any business taxable under the provisions of this chapter.
Article 7
Provisions Affecting Beer Only
Section 61-9-810. No person holding a retail permit to sell beer, ale,
porter and other similar malt or fermented beverages, issued by the
South Carolina Alcoholic Beverage Control Commission
commission, shall sell such beverages on draft, on tap or from
kegs or other containers on the premises described in the permit, unless
approved by the rules and regulations of the Department of Health and
Environmental Control governing eating and drinking establishments
and other retail food establishments.
Section 61-9-820. Both the permit issued by the Alcoholic
Beverage Control Commission commission and the
certificate of approval issued by the Department of Health and
Environmental Control shall be conspicuously posted on the premises.
Section 61-9-830. Any person violating any of the provisions of this
article shall be guilty of a misdemeanor and, upon conviction, shall be
subject to a fine of not less than ten dollars nor more than one hundred
dollars, or imprisonment not less than ten days nor more than thirty days,
at the discretion of the court. Section 61-9-840. In addition to the
above penalty, the Alcoholic Beverage Control Commission
commission, within its discretion, shall have the right to revoke
or suspend any retail permit for any violation of this article.
Section 61-9-850. The South Carolina Alcoholic Beverage
Control Commission commission and the division shall
make and promulgate such rules and regulations as are necessary to
carry out enforcement of the beer and wine laws in respect to application
for and issuing of beer licenses, permits or brewers' certificates of
approval and also make any rules necessary concerning the manner of
sale, distribution, promotion and shipment of beer into and within the
State. These rules and regulations shall have full force and effect of law.
The Commission commission shall revoke or suspend
the license, permit or brewers' certificate of approval of any person for
the violation of any rule or regulation which may be enacted or invoke
a penalty, not to exceed the sum of one hundred dollars, for each
violation.
Section 61-9-860. It is unlawful for a wholesaler to purchase
advertising for a retailer or to participate in a joint advertising campaign
with a retailer provided that a brewer or wholesaler may advertise on a
retailer's premises and may purchase program advertising from a retailer
at customary rates.
Article 9
Beer Wholesaler Franchise
Section 61-9-1010. (1) It shall be unlawful for any producer holding
a certificate of registration from the South Carolina Tax
Commission commission (hereinafter called a registered
producer) or any officer, agent, or representative of any
registered producer:
(a) To to coerce, or attempt to coerce, or persuade,
any person holding a permit to sell beer, ale, porter, and other similar
malt or fermented beverages at wholesale (hereinafter referred to as a
beer wholesaler) to enter into any agreement to take any action which
would violate any provision of this article or any ruling or regulation
promulgated pursuant to law in accordance therewith; or
(b) To to unfairly, without due regard to the
equities of such beer wholesaler, or without just cause or provocation,
to cancel or terminate any agreement or contract, written or oral, or
franchise, or any contractual franchise relationship of such wholesaler
existing on May 1, 1974 or thereafter entered into, to sell beer
manufactured by the registered producer; provided, also, that this
provision shall be a part of any contractual franchise relationship,
whether written or oral, between any beer wholesaler and any registered
producer doing business with such beer wholesaler, just as though such
provision had been specifically agreed upon between such beer
wholesaler and such registered producer; provided, further, however,
notice of intention to cancel such agreement or contract, written or oral,
or franchise or contractual franchise relationship shall be given in
writing at least sixty days prior to the date of such proposed cancellation
or termination. Such notice shall contain (i) assurance that the
agreement or contract, written or oral, or franchise or contractual
franchise relationship is being terminated in good faith and for material
violation of one or more provisions which are relevant to the effective
operation of the agreement, or contract, written or oral, or franchise or
contractual franchise relationship, if any, and (ii) a list of the specific
reasons for the termination or cancellation.
(2) It shall be unlawful for any beer wholesaler:
(a) To to enter into an agreement or take any action
which would violate or tend to violate any provision of this article or
any ruling promulgated pursuant to law in accordance therewith; or
(b) To to unfairly, without due regard for the
equities of a registered producer, or without just cause or provocation,
to cancel or terminate any agreement or contract, written or oral, or
franchise or any contractual franchise relationship of such registered
producer existing on May 1, 1974 or thereafter entered into, to sell beer
manufactured by the registered producer; provided, that this provision
shall become a part of any contractual franchise relationship, whether
written or oral, between any beer wholesaler and any registered producer
doing business with such beer wholesaler, just as though such provision
had been specifically agreed upon between such beer wholesaler and
such registered producer; provided, further, however, notice of intention
to cancel such agreement or contract, written or oral, or franchise or
contractual franchise relationship shall be given in writing at least sixty
days prior to the date of such proposed cancellation or termination.
Such notice shall contain (i) assurance that the agreement or contract,
written or oral, or franchise or contractual franchise relationship is being
terminated in good faith and for material violation of one or more
provisions which are relevant to the effective operation of the
agreement, or contract, written or oral, or franchise or contractual
franchise relationship, if any, and (ii) a list of the specific reasons for the
termination or cancellation.
(c) To to refuse to sell to any licensed retail dealer
whose place of business is within the geographical limits specified in
any distributorship agreement between the beer wholesaler and the
registered producer for the brands involved.
(d) To to store or warehouse any beer or other malt
beverages to be sold in the State of South Carolina in any warehouse
located outside of the State of South Carolina.
Section 61-9-1020. If a registered producer and a beer wholesaler
licensed by the State at the time that they were engaged in the shipment
and receipt of any malt beverages intended for sale within the State of
South Carolina on May 1, 1974, and such shipment and receipt shall be
continued until April 1, 1974, the limitations on the cancellation or
termination of any agreement or contract, written or oral, or franchise,
or any contractual franchise relationship provided in Section 61-9-1010(1)(b) and in Section 61-9-1010(2)(b) above shall be applicable
with respect to such shipment and receipt of such malt beverages so that
neither the registered producer nor the beer wholesaler shall have the
right to discontinue such shipment and receipt except under the
conditions specified in those subsections.
Section 61-9-1030. The court of common pleas is hereby vested with
jurisdiction and power to enjoin the cancellation or termination of a
franchise or agreement between a beer wholesaler and a registered
producer, at the application of such beer wholesaler or producer who is
or might be adversely affected by such cancellation or termination, and,
in granting an injunction the court shall make such provisions as might
be necessary to protect such beer wholesaler or registered producer
while such injunction is in effect, including but not limited to a
provision that such registered producer shall not supply the customers
of such beer wholesaler by servicing such customers through other
distributors or means or a provision that such beer wholesaler shall
continue to supply to his customers the products of the registered
producer. Application may be made by the beer wholesaler or producer
to the appropriate court in the county in which the business of the
wholesaler is located. The court may require a bond to be posted on the
part of the party seeking such injunction, securing the party enjoined for
such damages and in such amount as to the court may appear proper.
Section 61-9-1040. (1) Except as hereinafter provided, any proposed
sale of an interest in the business carried on by any beer wholesaler
which under the laws of this State would require that the purchaser
obtain a permit to operate as a beer wholesaler shall be subject to the
approval of the purchaser by the Alcoholic Beverage Control
Commission commission as an applicant for a permit
authorizing the sale of beer. If the application of such prospective
purchaser for such permit is approved, it shall be unlawful,
notwithstanding the terms, provisions or conditions of any contract,
written or oral, or the franchise agreement between such beer wholesaler
and the registered producer, for any registered producer to fail or refuse
to approve the aforedescribed transfer or change of ownership; provided,
further, that in the case of any proposed sale with respect to which the
purchaser has been approved by the Alcoholic Beverage Control
Commission commission, the registered producer shall
have the right to require that the interest in the business carried on by the
beer wholesaler be transferred to the registered producer upon the same
terms and conditions as such interest would have been transferred to the
prospective purchaser. If the registered producer shall not, within sixty
days after receipt of notification by certified mail of such proposed sale,
notify the beer wholesaler by certified mail of the exercise of such right
by the registered producers, such right may not thereafter be exercised.
(2) Except as hereinafter provided, any proposed voluntary transfer
of an interest in the business carried on by any beer wholesaler or any
transfer of ownership in such business by death shall be subject to the
approval of the prospective transferee by the registered producer. Such
approval shall not be unreasonably withheld. If notice of disapproval of
such prospective transferee shall not be given by certified mail by the
registered producer within sixty days after receipt of notification of such
proposed voluntary transfer or within sixty days after the death of the
owner of the interest, such right of disapproval may not thereafter be
exercised. In the event that such right of disapproval is exercised by the
registered producer, the registered producer shall, within sixty days
thereafter, pay to the prospective transferee the fair market value of the
interest in the business proposed to be transferred. In the event that
agreements cannot be reached between the registered producer and the
transferee within such period, the registered producer shall be deemed
to have acquired the interest proposed to be transferred and shall pay the
prospective transferee the value of such interest. The value of such
interest shall be determined by an appraiser appointed by the prospective
transferee and an appraiser appointed by the registered producer. If such
two appraisers cannot agree upon the value, the court of common pleas
for the county in which the principal place of business of the beer
wholesaler is located shall appoint a disinterested person as a third
appraiser. Such appointment shall be made as soon as practicable. The
prospective transferee and the registered producer shall each have the
right within sixty days to appeal to the court of common pleas or any
other court of competent jurisdiction in the county in which the principal
place of business of the beer wholesaler is located from the
determination of the price to be paid.
Section 61-9-1050. The Alcoholic Beverage Control
Commission division is empowered to investigate any
violations of this article and to furnish to the prosecuting attorney of any
court having jurisdiction of the offense information with respect to any
violations of this article. The Alcoholic Beverage Control
Commission division shall have the power to enforce
compliance with the provisions of any injunction granted by the court
under the terms of this article, and, if the court finds that there has been
a violation of the provisions of any injunction granted by it, the
Alcoholic Beverage Control Commission commission
may revoke or suspend the permit of any beer wholesaler and the
South Carolina Alcoholic Beverage Control Commission may
revoke the registration of any registered producer and its right to ship
beer into the State of South Carolina.
Article 10
Territorial Restrictions; Distribution Agreements
Section 61-9-1100. Pursuant to the authority of the State under the
Twenty-First Amendment to the United States Constitution and to
promote the public's interest in fair and efficient distribution of beer, ale,
porter, and other similar malt or fermented beverages, and to assure the
public's interest in uniform and effective control of the distribution of
such beverage products within the State, a wholesaler may sell any
brand of such beverage products in this State only in the territory
described in a distribution agreement filed pursuant to this article
authorizing sale by the wholesaler of the brand within that designated
area. Within that designated area the wholesaler shall service all holders
of retail permits without discrimination. The distribution agreement
must be in writing, must specify the brands it covers, and must be filed
with the Alcoholic Beverage Control Commission hereinafter
referred to in this article as the Commission commission.
If a brewer sells several brands, the agreement need not apply to all
brands sold by the brewer and may apply to only one brand. No brewer,
importer, or other supplier may provide by a distribution agreement for
the distribution of the brand filed pursuant to this article to more than
one wholesaler for all or any part of the designated territory. A
wholesaler may, however, service a territory outside the territory
designated in its distribution agreement during periods of temporary
service interruptions when so requested by the brewer and the
wholesaler whose service is temporarily interrupted with the approval
of the Commission commission.
Section 61-9-1110. Each wholesaler must file a copy of its
distribution agreement with the Commission
commission within sixty days following the effective date of
this article and any amendments thereto must be filed within sixty days
after adoption. Section 61-9-1120. No provision of any distribution
agreement may expressly, by implication, or in its operation, establish
or maintain the resale price of any brand of such beverage products by
a wholesaler.
Article 11
Construction and Operation of
Breweries and Wineries
Section 61-9-1210. Any person may construct, maintain or operate
any brewery or winery within this State for the production of any of the
beverages legalized under this chapter.
Section 61-9-1220. A person desiring to construct, maintain, or
operate a brewery or winery under this article first shall apply to the
Alcoholic Beverage Control Commission commission
for a permit. The application must be in writing in a form the
commission may prescribe. The applicant is subject to the payment of
a biennial permit tax upon each brewery and on each commercial winery
to be established and operated of two hundred dollars which must be
paid to and collected by the Tax Commission
commission before a permit is issued. However, the owner and
operator of a winery who consumes in the operation only the fruits
produced on his own farm or premises is subject to the payment of a
permit fee of only ten dollars biennially. The permit expires December
biennially. The fees charged for permits for the operation of breweries
and wineries must be prorated by reducing the permit cost by one-eighth
January 1, April 1, July 1, and October 1 each year. A brewer or
commercial wine manufacturer commencing business during one of
these intervals shall pay for the eighth of the permit period in which
business is commenced and for the eighth of the permit period during the
remainder of the period, but no refund may be made to a dealer who
ceases business after securing a permit.
Section 61-9-1230. All wines and brewed products referred to in this
article shall be stamped by the manufacturer or producer in the manner
provided by law for paying the tax on soft drinks and at the rates
provided in Article 7 of Chapter 21 of Title 12. But a manufacturer or
producer of beer or wine shall not be required to affix the tax-paid
crowns or stamps to beer and wine intended to be sold outside this State.
Section 61-9-1240. The Alcoholic Beverage Control
Commission commission and the division shall make rules
and regulations for the operation of breweries and commercial wineries
authorized under this article. Such rules and regulations after they are
reduced to writing, filed with the Secretary of State as required by law
and mailed or otherwise delivered to a person operating a brewery or
winery shall have the force and effect of law and upon violation of any
such rules and regulations the license or permit provided for herein shall
be forthwith canceled and become null and void.
Section 61-9-1250. Any person operating a brewery or winery
without having secured a permit from the Commission
commission or after his permit has been canceled by the
Commission commission shall be guilty of a
misdemeanor and, upon conviction, shall be fined not less than one
hundred dollars nor more than five thousand dollars or imprisoned not
more than one year, either or both.
Section 61-9-1260. For the purpose of administration and
enforcement of this article so much of Chapter 21 of Title 12, wherever
applicable, is hereby adopted and made a part hereof.
Section 61-9-1270. (a) All beer and wine purchased by military
establishments located in the State shall be purchased from wholesalers
licensed in this State to sell such beer and wine. Purchase orders from
the military establishments shall be furnished to a licensed wholesaler
and the orders shall be processed and delivered by the wholesaler as
nonmilitary orders are processed and delivered except that the delivery
shall be made to the military establishments rather than to a licensed
retailer.
(b) Beer and wine sold to the military establishments shall be exempt
from state beer and wine taxes.
(c) The Tax Commission and the Alcoholic Beverage Control
Commission commission and the division may promulgate
regulations necessary to implement the provisions of this section.
(d) Any registered producer who sells beer and wine in violation of
this section shall have its certificate of registration, as provided for in
Section 12-21-1510, suspended for such period as the Alcoholic
Beverage Control Commission commission shall
determine."
SECTION 7. Section 61-13-295 of the 1976 Code is amended to read:
"Section 61-13-295. If any permittee or licensee, or servant,
agent, or employee of the permittee or licensee pleads guilty or nolo
contendere to, or is convicted of any criminal offense which occurred on
the licensed premises, the conviction or plea constitutes proof that the
offense occurred and the record thereof is admissible in an
administrative proceeding before the commission or the Alcoholic
Beverage Control Hearing Officer."
SECTION 8. Section 61-13-410 of the 1976 Code is amended to read:
"Section 61-13-410. Any person who, upon demand of any
officer or agent of the Alcoholic Beverage Control Commission
division, refuses to allow full inspection of the premises or any
part of it which is licensed to sell alcoholic liquors or beer or wine, or
refuses to allow full inspection of the stocks and invoices of the licensee
or who hinders or in any way hinders or prevents the inspection is guilty
of a misdemeanor and, upon conviction, must be fined not more than
two hundred dollars or imprisoned for a period not exceeding sixty days,
or both."
SECTION 9. Section 61-13-500 of the 1976 Code is amended to read:
"Section 61-13-500. A conviction, a plea of guilty, a forfeiture
of bond, or a plea of nolo contendere, under the provisions of this article,
except Section 61-13-360, shall automatically revoke any beer, wine, or
liquor license which this State may have at any time issued to the party
convicted, pleading guilty, forfeiting bond, or pleading nolo contendere;
however, as an alternative to the revocation of any beer, wine, or liquor
license, as above provided, the Alcoholic Beverage Control
Commission commission may in its discretion impose a
monetary penalty in lieu of the revocation.
For the first offense, the license shall either be revoked for a period
of one year, or the licensee shall pay a penalty to the Alcoholic
Beverage Control Commission commission in the sum of
two hundred fifty dollars. In the event of a subsequent offense, the
offender's license or licenses shall be revoked for a period of two years,
or the licensee shall pay a penalty in the sum of five hundred dollars to
the Alcoholic Beverage Control Commission
commission. In the event that the Alcoholic Beverage
Control Commission commission exercises its right to
impose the monetary penalty provided for herein in lieu of a revocation
of a license and if, for any reason, the penalty is not paid within ten days
of demand by the Alcoholic Beverage Control Commission
commission, the license or licenses shall be automatically
revoked as herein provided.
If the party convicted, pleading guilty, forfeiting bond or pleading
nolo contendere does not possess a license to sell beer or liquor, in the
event of his first offense, he shall not be eligible for the issuance of such
a license for a period of one year. In the event of a subsequent offense,
he shall not be eligible for the issuance of such a license for a period of
two years."
SECTION 10. Section 61-13-510 of the 1976 Code is amended to read:
"Section 61-13-510. For all violations of Chapters 3, 7, 9 and
13 of this Title, or of Chapter 21 or 33 of Title 12, and for any violation
of any regulation promulgated by the Alcoholic Beverage Control
Commission commission or the division pertaining to beer,
wine, or liquor, the Alcoholic Beverage Control Commission
commission may, in its discretion, impose a monetary penalty
upon the holder of any beer, wine or liquor license in lieu of suspension
or revocation thereof.
In such cases the amount of penalty imposed, if any, shall be
determined within the limits prescribed hereafter in each case by the
Alcoholic Beverage Control Commission commission
after a hearing as provided in Sections 61-3-770 or 61-9-420. For any
of such violations retail beer and wine licensees shall be subject to a
penalty of not less than twenty-five dollars nor more than one thousand
dollars. Wholesale beer and wine licensees and retail liquor licensees
shall be subject to a penalty of not less than one hundred dollars nor
more than one thousand five hundred dollars and wholesale liquor
licensees shall be subject to a penalty of not less than five hundred
dollars nor more than five thousand dollars. In the event the
Alcoholic Beverage Control Commission commission
imposes a monetary penalty; as provided above, and if, for any reason,
the penalty is not paid within ten days after demand thereof by the
Alcoholic Beverage Control Commission commission,
such license or licenses may be suspended or revoked by the
Alcoholic Beverage Control Commission
commission."
SECTION 11. Section 61-13-570 of the 1976 Code is amended to read: "Section 61-13-570. Any alcoholic liquors seized by the
Tax Commission or commission, its agents, or by
the division shall be sold by the Tax Commission
commission at public auction to the highest bidder after due
advertisement and the proceeds of such sale shall be turned over to the
State Treasurer, as other funds collected by the Tax Commission
commission, after first paying the cost of confiscation and sale.
Any alcoholic liquors seized by any peace officer, except the Tax
Commission or commission, its duly authorized agents,
or by the division, shall be delivered to the sheriff of the county in
which such seizure is made and the sheriff shall take possession of such
alcoholic liquors so seized for sale at public auction to the highest bidder
after due advertisement. The proceeds of such sale, after payment of the
costs of confiscation and sale, shall be immediately turned over to the
treasurer of the county in which the seizure was made; provided,
however, that when municipal officers make such seizure, the chief of
police shall take possession of such alcoholic liquors so seized for sale
at public auction to the highest bidder after advertisement, and the
proceeds of such sale, after payment of costs of confiscation and sale,
shall be turned over to the treasurer of the municipality in which the
seizure was made. No sale of alcoholic liquors seized and sold in
accordance with the provisions of this section shall be made to any
person other than a duly licensed manufacturer, wholesaler or retail
dealer; and all such goods so seized shall, before delivery to any
purchaser, be stamped by such purchaser with the proper amount of
stamps on each individual package."
SECTION 12. Section 61-13-750 of the 1976 Code is amended to read:
"Section 61-13-750. The sheriff of each county shall, upon
seizure of or delivery to him of any chattel seized under the provisions
of this article, report the seizure of such chattel to the South Carolina
Alcoholic Beverage Control Commission commission,
setting forth in such report a description of the chattel, the name of the
owner, if known, the grounds upon which the chattel has been seized, by
whom it was seized, and the appraised value thereof, if such appraisal
has been made. Each sheriff shall likewise, after the chattel has been
sold or disposed of in accordance with the provisions of this article,
make a report to the Commission commission, setting
forth the amount of such sale, the purchaser, the disposition of the
proceeds, or whatever disposition has been made of the chattel by the
sheriff pursuant to an order of court.
The Commission commission shall establish a system
for the filing and recording of such reports made to it."
SECTION 13. Section 61-13-810 of the 1976 Code is amended to read:
"Section 61-13-810. It shall be unlawful for any person, with
or without a beer or wine permit, to sell or to offer for sale any beverage,
generally used as and for a soft drink rather than as a medicine or for
cooking purposes, having any alcoholic content, when such beverage
resembles in color and general appearances a vegetable drink, a fruit
drink, or a soft drink. Violation of this section shall be a misdemeanor
and shall be punishable in the discretion of the court. In addition, such
drinks are hereby declared contraband and shall be seized by any duly
authorized agent of the South Carolina Alcoholic Beverage Control
Commission or inspector of the division, or by any peace
officer, and shall be disposed of in like manner as is provided by law for
the disposition of illegal alcoholic liquors."
SECTION 14. Section 61-13-835 of the 1976 Code is amended to read:
"Section 61-13-835. There shall be one official summons
which shall be used by all South Carolina Alcoholic Beverage
Control Commission Agents agents and inspectors of the
division when making arrests for violations of the laws and
regulations governing alcoholic beverages, beer, and wine when the
offenses are punishable by a fine of not more than two hundred
dollars or imprisonment for not more than thirty days. The form of the
summons shall be prescribed by the commission
division and it shall be responsible for printing the
forms."
SECTION 15. Section 61-13-836 of the 1976 Code is amended to read:
"Section 61-13-836. When any person is charged by an agent
of the South Carolina Alcoholic Beverage Control Commission
or inspector of the division with a criminal offense punishable
by a fine of not more than two hundred dollars or imprisonment for not
more than thirty days, the person charged, upon being served with the
official summons issued by the agent or inspector, shall appear
before the proper judicial officer at the time and place stated in the
summons. The service of the summons shall vest the court with
jurisdiction to hear and dispose of the charge for which the summons
was issued."
SECTION 16. Section 61-13-875 of the 1976 Code is amended to read:
"Section 61-13-875. No person who holds a permanent license
or permit to sell beer, wine, or alcoholic liquor for on-premises
consumption may advertise, sell, or dispense these beverages for free,
at a price less than one-half of the price regularly charged, or on a two
or more for the price of one basis. Beer, wine, or alcoholic liquor may
be sold at a price less than the price regularly charged only from four
o'clock p.m. until eight o'clock p.m. The prohibition against dispensing
the beverages for free does not apply to dispensing to a customer on an
individual basis, to any fraternal organization in the course of its fund-raising activities, to any person attending a private function on any
premises for which a permanent license or permit has been issued, or to
any customer attending a function sponsored by the person who holds
a permanent license or permit; provided, that not more than two
functions may be sponsored each year, which must be authorized by the
Alcoholic Beverage Control Commission commission.
Any person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be punished as provided in
Section 61-13-870."
SECTION 17. Section 61-13-885 of the 1976 Code is amended to read:
"Section 61-13-885. Every person engaged in the business of
selling at retail beer, wine, or liquor shall post in every location for
which he has obtained a license or permit a sign with the following
words printed thereon: `The possession of beer, wine, or liquor, by
anyone under twenty-one years of age, is a criminal offense under the
laws of this State, and it is also unlawful for any person to knowingly
give false information concerning his age for the purpose of purchasing
beer, wine, or liquor'. The Alcoholic Beverage Control
Commission commission shall prescribe by regulation the
size of the lettering and the location of the sign on the seller's premises.
Any retail seller of beer, wine, or liquor who fails to display the sign
required by the provisions of this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred dollars or
imprisoned for not more than thirty days."
SECTION 18. All regulations promulgated by the Alcoholic Beverage
Control Commission as of the effective date of this act remain in force
until they are modified or rescinded by the South Carolina Tax
Commission or the South Carolina Law Enforcement Division.
SECTION 19. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved
and are transferred to the South Carolina Tax Commission or the South
Carolina Law Enforcement Division, as appropriate under the provisions
of this act.
SECTION 20. This act takes effect January 1, 1994.
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