Bill 3567

                    Current Status

Bill Number:                    3567
Ratification Number:            151
Act Number:                     143
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950209
Primary Sponsor:                Quinn
All Sponsors:                   Quinn
Drafted Document Number:        BR1\18149HTC.95
Date Bill Passed both Bodies:   19950531
Date of Last Amendment:         19950404
Governor's Action:              U  Became law without signature of
                                Governor
Date of Governor's Action:      19950613
Subject:                        Alcoholic beverage permits

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19950613  Act No. A143
------  19950613  Unsigned, became law without
                  signature of Governor
------  19950606  Ratified R151
Senate  19950531  Read third time, enrolled for
                  ratification
Senate  19950531  Reconsidered vote whereby amended;
                  amendment withdrawn
Senate  19950531  Amended
Senate  19950511  Read second time, notice of
                  general amendments
Senate  19950510  Committee report: Favorable              11 SJ
Senate  19950501  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950427  Read third time, sent to Senate
House   19950426  Read second time
House   19950426  Objection withdrawn by Representative            Rogers
House   19950426  Objection by Representative                      Rogers
House   19950426  Objection withdrawn by Representative            Haskins
House   19950404  Objection by Representative                      Simrill
                                                                   Haskins
                                                                   Kirsh
                                                                   Littlejohn
                                                                   McMahand
House   19950404  Amended
House   19950329  Committee report: Favorable with         26 HLCI
                  amendment
House   19950209  Introduced, read first time,             26 HLCI
                  referred to Committee

(A143, R151, H3567)

AN ACT TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO PROHIBIT THE ISSUANCE OF A LICENSE OR PERMIT FOR ONE YEAR AFTER THE SUSPENSION OR REVOCATION TO A PERSON WITHIN THE SECOND DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED OR REVOKED.

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

Licenses or permits; surrender; transfer; certain issuances after suspension or revocation prohibited

SECTION 1. Section 61-1-95 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 61-1-95. A person promptly shall surrender a license or permit issued under the provisions of this title upon request of the department. All licenses and permits are the property of the department and are not transferable. All licenses and permits must be surrendered immediately to the department upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.

All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.

When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business may be issued a license or permit for the premises concerned. No person within the second degree of kinship to a person whose license or permit is suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation.

A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."

Time effective

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

Became law without the signature of the Governor -- 6/13/95.