South Carolina Legislature


 

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S*116
Session 122 (2017-2018)


S*0116(Rat #0066, Act #0045 of 2017)  General Bill, By Rankin and Malloy

Similar(H 3932) AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145 SO AS TO REQUIRE THAT A PERSON PERMITTED OR LICENSED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION SHALL MAINTAIN LIABILITY INSURANCE WITH COVERAGE OF AT LEAST ONE MILLION DOLLARS DURING THE PERIOD OF THE PERMIT OR LICENSE. - ratified title 12/13/16 Senate Prefiled 12/13/16 Senate Referred to Committee on Judiciary 01/10/17 Senate Introduced and read first time (Senate Journal-page 68) 01/10/17 Senate Referred to Committee on Judiciary (Senate Journal-page 68) 01/26/17 Senate Referred to Subcommittee: Shealy (ch), Hutto, Senn 02/23/17 Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 16) 02/28/17 Scrivener's error corrected 03/16/17 Senate Committee Amendment Adopted 03/16/17 Senate Amended (Senate Journal-page 22) 03/16/17 Senate Read second time (Senate Journal-page 22) 03/16/17 Senate Roll call Ayes-40 Nays-2 (Senate Journal-page 22) 03/17/17 Scrivener's error corrected 03/21/17 Senate Read third time and sent to House (Senate Journal-page 14) 03/22/17 House Introduced and read first time (House Journal-page 10) 03/22/17 House Referred to Committee on Judiciary (House Journal-page 10) 05/03/17 House Committee report: Favorable with amendment Judiciary (House Journal-page 63) 05/09/17 House Requests for debate-Rep(s). Pitts, Bannister, Clary, Hiott, Magnuson, DC Moss, Long, Hamilton, GR Smith, Chumley, Loftis, McEachern, Douglas, Crawford, Thigpen, Ott, Thayer, West, Hill, King, Hart, McKnight, Crosby, Anderson (House Journal-page 72) 05/10/17 House Read second time (House Journal-page 78) 05/10/17 House Roll call Yeas-85 Nays-5 (House Journal-page 79) 05/11/17 House Read third time and enrolled 05/15/17 Ratified R 66 05/19/17 Signed By Governor 05/25/17 Effective date See Act 05/31/17 Act No. 45


S. 116

(A45, R66, S116)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145 SO AS TO REQUIRE THAT A PERSON PERMITTED OR LICENSED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION SHALL MAINTAIN LIABILITY INSURANCE WITH COVERAGE OF AT LEAST ONE MILLION DOLLARS DURING THE PERIOD OF THE PERMIT OR LICENSE.

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

Alcoholic beverages, liability insurance coverage required, on-premises consumption

SECTION    1.    Chapter 2, Title 61 of the 1976 Code is amended by adding:

"Section 61-2-145.    (A)    In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one million dollars during the period of the biennial permit or license. Failure to maintain this coverage constitutes grounds for suspension or revocation of the permit or license.

(B)    The department shall add this requirement to all applications and renewals for biennial permits or licenses to sell alcoholic beverages for on-premises consumption, in which the permittees and licensees remain open and sell alcoholic beverages for on-premises consumption after five o'clock p.m. Each applicant or person renewing its license or permit, to whom this requirement applies, shall provide the department with documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.

(C)    Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed or permitted to sell alcoholic beverages for on-premises consumption, in which the person so licensed or permitted remains open to sell alcoholic beverages for on-premises consumption after five o'clock p.m., must notify the department in a manner prescribed by department regulation of the lapse or termination of the liquor liability insurance policy or the general liability insurance policy with a liquor liability endorsement.

(D)    For the purposes of this section, the term 'alcoholic beverages' means beer, wine, alcoholic liquors, and alcoholic liquor by the drink as defined in Chapter 4, Title 61, and Chapter 6, Title 61."

Time effective

SECTION    2.    This act takes effect on July 1, 2017, and any person applying for a new biennial permit or license for on-premises consumption under Title 61 after this date must comply with the provisions of this act at the time of the application. A person renewing a biennial permit or license under Title 61 after this date must comply with the provisions of this act at the time of the renewal.

Ratified the 15th day of May, 2017.

Approved the 19th day of May, 2017.

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