Current Status Introducing Body:House Bill Number:4674 Primary Sponsor:Farr Committee Number:25 Type of Legislation:GB Subject:Beer and wine, serving of by minor prohibited Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/9890.JM Introduced Date:Apr 02, 1992 Last History Body:House Last History Date:Apr 02, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Farr Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4674 House Apr 02, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 20-7-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE PURCHASE OR POSSESSION OF BEER, WINE, OR OTHER MALT OR FERMENTED BEVERAGE BY AN UNDERAGE PERSON, SO AS TO DELETE CERTAIN LANGUAGE, MAKE IT UNLAWFUL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE WHO IS LAWFULLY EMPLOYED BY ANY WHOLESALE OR RETAIL BUSINESS OR COMMERCIAL ESTABLISHMENT OR MANUFACTURING BUSINESS OR ESTABLISHMENT TO SELL OR OFFER TO SELL OR TO DELIVER ANY BEER, ALE, PORTER, WINE, OR ANY OTHER SIMILAR MALT OR FERMENTED BEVERAGE AT OR ON BEHALF OF THE PLACE WHERE HE IS EMPLOYED, MAKE IT UNLAWFUL FOR ANY PERSON TO AUTHORIZE, ALLOW, OR DIRECT SUCH PERSON UNDER TWENTY-ONE TO DO ANY OF THESE PROHIBITED THINGS, PROVIDE PENALTIES, PROVIDE THAT ONLY PERSONS WHO ARE TWENTY-ONE YEARS OF AGE AND OVER, RATHER THAN EIGHTEEN AND OVER, MAY BE LAWFULLY EMPLOYED TO SERVE OR REMOVE BEER, WINE, OR ALCOHOLIC BEVERAGES IN ESTABLISHMENTS LICENSED TO SELL SUCH BEVERAGES, AND PROVIDE A PENALTY FOR VIOLATIONS; AND TO AMEND SECTION 61-5-20, RELATING TO WHEN THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC BEVERAGES IS LAWFUL, SO AS TO PROVIDE THAT 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 TWENTY-ONE, RATHER THAN EIGHTEEN, YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-370 of the 1976 Code is amended to read:
"Section 20-7-370. (A) It is unlawful for any person under the age of twenty-one to purchase, or knowingly have in his possession, any beer, ale, porter, wine, or any other similar malt or fermented beverage. Any such possession is prima facie evidence that it was knowingly possessed. Any person violating the provisions of this section subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(B) This section does not apply to any employee lawfully engaged in the sale or delivery of any such beverage in an unopened container. It is unlawful for any person under the age of twenty-one who is lawfully employed by any wholesale or retail business or commercial establishment or manufacturing business or establishment to sell or offer to sell or to deliver any beer, ale, porter, wine, or any other similar malt or fermented beverage at or on behalf of the place where he is employed. It is unlawful for any person to authorize, allow, or direct such person under twenty-one years of age to do any of the things prohibited by this subsection. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars or imprisoned for not more than thirty days or both.
(C) Persons eighteen Only persons who are twenty-one years of age and over may be lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell such beverages, and such persons are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this paragraph shall in no way affect the requirement that a bartender must be at least twenty-one years of age. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days or both."
SECTION 2. Section 61-5-20(6) of the 1976 Code is amended to read:
"(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 twenty-one years; nothing contained herein shall be construed as allowing bartenders under the age of twenty-one."
SECTION 3. This act takes effect upon approval by the Governor.