South Carolina General Assembly
118th Session, 2009-2010

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S. 70

STATUS INFORMATION

General Bill
Sponsors: Senator Ford
Document Path: l:\council\bills\bbm\9062htc09.docx

Introduced in the Senate on January 13, 2009
Currently residing in the Senate Committee on Judiciary

Summary: Alcoholic Beverage Control Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/10/2008  Senate  Prefiled
  12/10/2008  Senate  Referred to Committee on Judiciary
   1/13/2009  Senate  Introduced and read first time SJ-104
   1/13/2009  Senate  Referred to Committee on Judiciary SJ-104

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/10/2008

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

A BILL

TO AMEND SECTION 61-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION AND ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE ADMINISTRATION AND ENFORCEMENT OF LAWS AND REGULATIONS RELATING TO BEER, ALE, PORTER, AND WINE, SO AS TO PROVIDE THAT THE ADMINISTRATION AND ENFORCEMENT OF THESE LAWS IS RESERVED TO THE STATE AND TO PROVIDE THAT LOCAL ORDINANCES ATTEMPTING TO REGULATE THESE MATTERS ARE UNENFORCEABLE; AND TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE PROHIBITION ON SUNDAY BEER AND WINE SALES AND THE EXCEPTIONS TO THIS PROHIBITION, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD OR OFFERED FOR SALE AT ALL HOURS EXCEPT THOSE HOURS WHEN SUCH SALES ARE PROHIBITED BY STATE LAW AND TO PROVIDE THAT CONFLICTING MUNICIPAL AND COUNTY ORDINANCES ARE UNENFORCEABLE.

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

SECTION    1.    Section 61-2-20 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-2-20.    The functions, duties, and powers set forth in this title are vested in the department and the division. The department must administer the provisions of this title, and the division must enforce the provisions of this title. It is the intent of the General Assembly that all regulation of the sale and manufacture of alcohol or alcoholic beverages and beer, ale, porter, and wine as defined throughout this title are wholly reserved to the department. A municipal or county ordinance in conflict with a provision of this title or which attempts to regulate any aspect of a business licensed or permitted by the department under this chapter is unenforceable."

SECTION    2.    Section 61-4-120 of the 1976 Code, as last amended by Act 243 of 2008, is further amended by adding a new subsection at the end to read:

"(C)    It is lawful to sell or offer for sale wine or beer in this State at all hours except those hours prohibited pursuant to subsection (B) of this section. Municipal or county ordinances in conflict with this section are unenforceable."

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

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