H 4406 Session 110 (1993-1994)
H 4406 General Bill, By P.H. Thomas, W.D. Keyserling and I.K. Rudnick
Similar(S 452)
A Bill to amend Section 61-5-20, as amended, Code of Laws of South Carolina,
1976, relating to the transportation, possession, and consumption of alcoholic
liquor, so as to delete the provisions for alcoholic liquors in sealed
containers of two ounces or less and provide for alcoholic liquor by the
drink; and to amend Section 61-5-130, as amended, relating to the tax on
alcoholic liquors in sealed containers of two ounces or less, so as to delete
the tax on the containers and related requirements and provide for a tax on
each liter.
12/15/93 House Prefiled
12/15/93 House Referred to Committee on Labor, Commerce and Industry
01/11/94 House Introduced and read first time HJ-44
01/11/94 House Referred to Committee on Labor, Commerce and
Industry HJ-45
A BILL
TO AMEND SECTION 61-5-20, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE
TRANSPORTATION, POSSESSION, AND CONSUMPTION OF
ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS FOR
ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO
OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC LIQUOR BY
THE DRINK; AND TO AMEND SECTION 61-5-130, AS AMENDED,
RELATING TO THE TAX ON ALCOHOLIC LIQUORS IN SEALED
CONTAINERS OF TWO OUNCES OR LESS, SO AS TO DELETE
THE TAX ON THE CONTAINERS AND RELATED
REQUIREMENTS AND PROVIDE FOR A TAX ON EACH LITER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-5-20 of the 1976 Code, as last amended by
Section 1584 of Act 181 of 1993, is further amended to read:
"Section 61-5-20. (A) Notwithstanding any
other provision of law, it shall be lawful, Subject to the
provisions of Section 61-5-30, for any a person
who is twenty-one years of age or older to may
transport, possess, or consume lawfully acquired alcoholic
liquors in accordance with the following:
(1) Any A person may transport alcoholic liquors
to and from any a place where alcoholic liquors may be
lawfully possessed or consumed; but lawfully.
However, if the cap or seal on the container has been opened or
broken, it shall be is unlawful to transport such
the liquors in any a motor vehicle, except in the
luggage compartment or cargo area.
(2) Any A person may possess or consume
alcoholic liquors:
(a) in a private residence, hotel room, or motel room;
(b) Or on any other property not engaged in
any a business or commercial activity, at private
gatherings, receptions, or occasions of a single and isolated nature, and
not on any a repetitive or continuous basis, with the
express permission of the owner and any other person
persons in possession of such property, and to
which the general public is not invited; provided,.
However, this shall does 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 items
(3) and (4) of this section.;
(c) in separate and private areas of an establishment whether
or not such the establishment includes premises
which are licensed pursuant to subsections items
(3) and (4) of this section, where specific individuals have leased
such the 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 liquor by the drink. Members or guests of members
of such the organizations may consume alcoholic
liquors and beverages sold in such containers liquor
upon the premises between the hours of ten o'clock in the
morning a.m. and two o'clock on a.m. the
following morning day.
(4) Except on Sunday, it shall be is lawful to sell
and consume alcoholic liquors and beverages sold in sealed
containers of two ounces or less liquor by the drink in
any a business establishment between the hours
of ten o'clock in the morning a.m. and two o'clock
a.m. the following morning, provided day if the
establishment meets all of the following requirements:
(a) The business is bona fide engaged primarily and
substantially in the preparation and serving of meals or furnishing of
lodging; and.
(b) The business has a license from the department permitting
the sale and consumption of alcoholic liquors and beverages,
liquor which is conspicuously displayed
conspicuously 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 A person shall may not serve
or deliver to a purchaser any alcoholic liquors in sealed
containers liquor in a business where such
the sales are authorized unless such the person
has attained the age of eighteen years; nothing contained herein shall
be construed as allowing. This section does not allow
bartenders under the age of twenty-one years.
(B) Where an establishment or organization is licensed to sell
alcoholic liquors and beverages in sealed containers of two ounces or
less in this title, it means an establishment or organization licensed to
sell alcoholic liquor by the drink pursuant to this section."
SECTION 2. Section 61-5-130 of the 1976 Code, as last amended by
Section 1584 of Act 181 of 1993, is further amended to read:
"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
(A) In lieu of other taxes in this title or Chapter 33 of Title 12,
there is imposed on alcoholic liquor sold to establishments licensed
under Section 61-5-20 a tax equal to five dollars and ninety-four cents
a liter or proportion of a liter. Every bottle of alcoholic liquor sold to a
licensee must have on it a stamp issued by the department that the tax
required by this section is paid.
(B) A licensee who violates this section is guilty of
a misdemeanor and, upon conviction, must be fined
not more than one thousand dollars and be is subject to
suspension or revocation of his retail license at the discretion of the
department. 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 3. This act takes effect on the first day of the second month
following ratification of an amendment to the Constitution of this State
authorizing the sale of liquor by the drink.
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