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AMENDED
June 6, 2007
H. 3457
Introduced by Reps. Mack, Breeland, R. Brown, Hosey, Limehouse and Stavrinakis
S. Printed 6/6/07--S.
Read the first time May 3, 2007.
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 The decision of the Administrative Law Judge division shall Court is not be automatically superseded or stayed by the filing of a petition for judicial review.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 or revoke 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 a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended."
SECTION 2. Section 61-4-10 of the 1976 Code, as last amended by Act 14 of 2007, is further amended to read:
"Section 61-4-10. The following are declared to be nonalcoholic and nonintoxicating beverages:
(1) all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
(2) all beers, ales, porters, and other similar malt of fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of ten six and one-half ounces or more or the metric equivalent; and
(3) all wines containing not in excess of twenty-one percent of alcohol by volume."
SECTION 3. Section 61-4-737 of the 1976 Code is amended to read:
"Section 61-4-737. Notwithstanding any other provision of law or regulation, the holder of a retail wine permit for off-premises consumption whose primary product is beer, wine, or distilled spirits may conduct, in accordance with department rulings or regulations, not more than twenty-four wine tastings at the retail location in a calendar year quarter."
SECTION 4. This act takes effect upon approval by the Governor.
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