South Carolina General Assembly
117th Session, 2007-2008

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Bill 3457

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED--NOT PRINTED IN THE HOUSE

Amt. No. 1 (Doc. Path council\ms\7269ahb07)

April 26, 2007

H. 3457

Introduced by Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis

S. Printed 4/18/07--H.

Read the first time February 7, 2007.

            

A BILL

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.

Amend Title To Conform

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 The decision of the Administrative Law Judge division shall Court is not be automatically superseded or stayed by the filing of a petition for judicial review.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)    In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made an official determination that the licensee's permit should be revoked or suspended."

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

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