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H. 3553

STATUS INFORMATION

General Bill
Sponsors: Reps. Lourie, J.E. Smith, Rivers, J.H. Neal, Hosey, Altman, Bingham, Branham, Hamilton, J. Hines, M. Hines, Koon, McCraw, Moody-Lawrence, Scarborough, Toole, Weeks and Clark
Document Path: l:\council\bills\nbd\11118ac03.doc

Introduced in the House on February 11, 2003
Currently residing in the House Committee on Judiciary

Summary: Alcoholic liquor and beer and wine permits; childcare facilities included in proximity requirements

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/11/2003  House   Introduced and read first time HJ-8
   2/11/2003  House   Referred to Committee on Judiciary HJ-8
   2/18/2003  House   Member(s) request name added as sponsor: Clark

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/11/2003

TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS TO MANUFACTURE AND SELL BEER AND WINE, SO AS TO INCLUDE PROXIMITY TO A CHILDCARE FACILITY AS A FACTOR THAT MAY BE CONSIDERED IN DETERMINING IF A LOCATION IS SUITABLE FOR THE ISSUANCE OF A PERMIT; AND TO AMEND SECTION 61-6-120, AS AMENDED, RELATING TO THE PROHIBITION AGAINST ISSUING A LICENSE FOR THE SALE OF ALCOHOLIC LIQUORS WITHIN A CERTAIN PROXIMITY OF A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO EXTEND THIS PROHIBITION TO CHILDCARE FACILITIES.

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

SECTION    1.    Section 61-4-520(7) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(7)    The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches, and childcare facilities. This item does not apply to locations licensed before April 21, 1986."

SECTION    2.    Section 61-6-120(A) of the 1976 Code, as added by Act 458 of 1996, is amended to read:

"(A)    The department shall may not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any a church, school, or playground, or childcare facility situated within a municipality or within five hundred feet of any church, school, or playground, or childcare facility situated outside of a municipality. Such This distance shall must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such the church, school, or playground, which, as used herein, shall be defined as follows: or childcare facility. For purposes of this section:

(1)    'Church', means an establishment, other than a private dwelling, where religious services are usually conducted;

(2)    'School', means an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3)    'Playground', means a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation;

(4)    'Childcare facility' means an establishment required to be licensed or registered pursuant to subarticle 11, Article 13, Chapter 7 of Title 20, and includes such facilities for which licensing is voluntary.

The above restrictions provided for in this subsection do not apply to the renewal of licenses and they do not apply or to new applications for locations which are licensed at the time the new application is filed with the department."

SECTION    3.    This act takes effect upon approval by the Governor.

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