South Carolina General Assembly
109th Session, 1991-1992

Bill 3982


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3982
Primary Sponsor:                Burriss
Committee Number:               26
Type of Legislation:            GB
Subject:                        Alcoholic beverage outlets, retail;
                                limitation of
Residing Body:                  House
Current Committee:              Labor, Commerce and Industry
Computer Document Number:       CYY/18583.SD
Introduced Date:                May 08, 1991
Last History Body:              House
Last History Date:              May 08, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Burriss
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3982  House   May 08, 1991  Introduced, read first time,    26
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 61-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF NUMBER OF RETAIL ALCOHOLIC BEVERAGE OUTLETS IN A COMMUNITY, SO AS TO PERMIT THE SALE OR DEVISE OF LICENSE UNDER CERTAIN CONDITIONS, AND TO PERMIT LICENSEES TO MOVE THE LOCATION OF LICENSED PREMISES UNDER CERTAIN CONDITIONS.

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

SECTION 1. Section 61-3-480 of the 1976 Code is amended to read:

"Section 61-3-480. (1) If, in the judgment of the 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 the political subdivision.

(2) Notwithstanding the provisions of Section 61-1-95, retail dealer licenses may be sold for use in the existing location to any person approved by the commission. Upon the death of any licensee, the license shall pass either by will or intestacy as personal property of the deceased. The commission may, upon the death of the license holder, suspend the license for a term to be determined by the commission if in its opinion the purchaser, devisee, or heir is ineligible for licensure as provided in Section 61-3-420, until the disabilities are removed. The commission may not issue, transfer, or allow any license to be sold, transferred, or passed by will or intestacy which issuance, transfer, or passage would result in the violation of Sections 61-3-450, 61-3-460, or 61-3-461. The purchaser, devisee, or heir has the same rights as the original licensee.

(3) Subject to the provisions of Section 61-3-440, a licensee may move his location without publication, if it does not extend beyond the lot or parcel of land, not to exceed one acre in size, previously approved by the commission as the location of that licensee's retail outlet. The license issued for the new location is considered a renewal of the license for the previous location."

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

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