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TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-590 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-590. (A) The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative Law Judge division shall Court is not be automatically superseded or stayed by the filing of a petition for judicial review.
(B) Before the department may revoke or suspend a permit authorizing the sale of beer or wine pursuant to provisions of subsection (A), the department shall notify the licensee in writing at the address provided for the licensed premises not less than five days before the department intends to revoke or suspend the licensee's permit.
(C) In addition to the notice requirements contained in subsection (B), the department may not suspend a licensee's permit authorizing the sale of beer or wine until the department has conducted and completed its own independent investigation and has made an official determination that the licensee's permit should be revoked or suspended.
(D) Nothing in this section infringes upon the licensee's right to protest the department's decision and to appeal the department's final decision to the Administrative Law Court as provided in subarticle 9, Article 5, Chapter 60, Title 12."
SECTION 2. This act takes effect upon approval by the Governor.
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