Current Status Bill Number:3318 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950119 Primary Sponsor:Thomas All Sponsors:Thomas, Martin, Rogers, Quinn, Felder, J. Young, Law and Dantzler Drafted Document Number:PFM\7090BDW.95 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Alcoholic liquors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950119 Introduced, read first time, 30 HWM
referred to Committee
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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, 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, 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 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 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. (A) Alcoholic beverages must not be sold in this State in containers of less than .375 milliliters.
(B) Alcoholic beverages sold in an establishment licensed pursuant to Section 61-5-20 may be obtained only from dealers licensed pursuant to this title on which all taxes imposed by this State have been paid.
(C) In addition to other taxes imposed by law, there is imposed an excise tax equal to twenty cents on each alcoholic beverage poured in an establishment or organization licensed pursuant to Section 61-5-20. A receipt must be issued for each alcoholic beverage poured that separately lists the excise tax imposed by this subsection. The tax imposed by this section must be reported, paid, enforced, and collected in the manner that sales taxes imposed pursuant to Chapter 36 of Title 12 are reported, paid, enforced, and collected. The revenues of this excise tax must be used for the same purposes as the revenues of the former minibottle tax."
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.