Reference is to Printer's Date 3/22/17--S.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. A. The General Assembly affirms its police power to regulate the business of retail liquor sales in the manner and to the extent allowed by law including, but not limited to, Article VIII-A, Section 1 of the South Carolina Constitution. This police power includes regulating the number and localities of retail dealer licenses that a person may be issued, a process that affects the health, safety, and morals of the state. Regulation of the number and localities of retail dealer licenses prevents monopolies and avoids problems associated with indiscriminate price cutting, excessive advertising of alcoholic products, and concentration of retail liquor stores in close proximity. Accordingly, in order to (1) protect the health, safety, and morals of this state; (2) prevent indiscriminate price cutting, excessive advertising of alcoholic products, and concentration of retail liquor stores in close proximity; (3) provide for the continuation of control and orderly processing by the state over the number and locations of retail liquor stores; and (4) ensure compliance with other laws governing the sales of alcoholic beverages, the General Assembly authorizes the planned and incremental growth of retail dealer licenses as provided in this SECTION of this act.
B. Section 61-6-140 of the 1976 Code is amended to read:
"Section 61-6-140.
(A) To provide for an
orderly and incremental growth in retail dealer licenses, the
issuance of retail dealer licenses must be governed pursuant to
the following requirements:
(1)(a)
Until January 1, 2018, no more than
three retail dealer licenses may be issued to one licensee, and
the licensee must be eligible for a license for each store
pursuant to Section 61-6-110.
(b)
The limitation of no more than three retail
dealer licenses to one licensee does not apply to a person
having an interest in retail liquor stores as of July 1, 1978.
Additional retail dealer licenses may be issued to that person
as provided in this section.
(2)
Beginning January 2, 2018, no more than four
retail dealer licenses may be issued to one licensee, and the
licensee must be eligible for each license for each store
pursuant to Section 61-6-110.
(3)
Beginning January 2, 2019, no more than five
retail dealer licenses may be issued to one licensee, and the
licensee must be eligible for each license for each store
pursuant to Section 61-6-110.
(4)
Beginning January 2, 2021, no more than six
retail dealer licenses may be issued to one licensee, and the
licensee must be eligible for each license for each store
pursuant to Section 61-6-110.
(5)
Beginning January 2, 2023, no more than eight
retail dealer licenses may be issued to one licensee, and the
licensee must be eligible for each license for each store
pursuant to Section 61-6-110.
(6)
Beginning July 1, 2025, no more than nine retail
dealer licenses may be issued to one licensee, and the licensee
must be eligible for each license for each store pursuant to
Section 61-6-110.
(B) No
more than three Retail dealer licenses may be issued
for the use of one corporation, association, partnership, or
limited partnership, pursuant to the provisions of this
section. A corporation having the use of a retail dealer
license that is owned by another corporation is considered to be
holding the retail dealer license for the use of the owning
corporation.
(C) The
department may not grant or issue a new retail dealer license if
the proposed place of business is within five hundred feet of an
existing retail dealer licensee. For purposes of this section,
the distance between the licensed premises of the existing
business and the premises of the proposed business must be
computed by a straight line measured between the two locations.
This restriction does not apply to the renewal of a retail
dealer license. Nothing in this subsection may be construed to
abrogate or affect the provisions of any lawful ordinance,
regulations or resolution, which are more restrictive than the
provisions of this subsection."
C. Section 61-6-150 of the 1976 Code is amended to read:
"Section 61-6-150.
No person, directly or indirectly, individually or as a
member of a partnership or an association, as a member or
stockholder of a corporation, or as a relative to a person by
blood or marriage within the second degree, may have any
interest whatsoever in a retail liquor store licensed under this
section except the three stores covered by
his the person's retail dealer's
licenses, as provided for in Section 61-6-140. The
prohibitions in this section do not apply to a person having an
interest in retail liquor stores on July 1, 1978."
SECTION __. Section 61-6-1540 of the 1976 Code is amended to read:
"Section 61-6-1540.
(A) Except as provided in subsection
(B), no other goods, wares, or merchandise may be kept or stored
in or sold in or from a retail alcoholic liquor store or place
of business, and no place of amusement may be maintained in or
in connection with the store. However, retail dealers may
sell:
(1)
drinking glassware and barware packaged
together with alcoholic liquors if the glassware and alcoholic
liquors are packaged together by the wholesaler or producer in
packaging provided by the producer;
(2)
nonalcoholic items, other than beer or wine, packaged
together with alcoholic liquors if the nonalcoholic items and
alcoholic liquors are in sealed packages and are packaged
together by the alcoholic liquor producer at its place of
business; and
(3)
nonalcoholic mixers and nonalcoholic cocktail
condiments consumed in conjunction with alcoholic
liquors;
(4)
beverage accessories and cooling accessories
used in preparation of alcoholic liquors; and
(5)
lottery tickets under the provisions of Chapter 150
of Title 59.
(B) Retail dealers
licensed pursuant to the provisions of this article may sell all
wines in the stores or places of business covered by their
respective licenses, whether declared alcoholic or nonalcoholic
or nonintoxicating by the laws of this State. Wines containing
more than sixteen percent of alcohol by volume may be sold only
in licensed alcoholic liquor stores or in establishments
licensed to sell and permit consumption of alcoholic liquors by
the drink. The provisions of this section do not amend, alter,
or modify the taxes imposed on wines or the collection and
enforcement of these taxes.
(C) As used
in this section:
(1)
'Nonalcoholic mixers' include, but are not
limited to, powdered drink mixes, packaged drink mixes, tonics,
club sodas, seltzer waters, and colas;
(2)
'Nonalcoholic cocktail condiments' include, but
are not limited to, bitters, ginger beers, lemon juices, lime
juices, grenadines, cream coconut, olives, olive juices, rimming
salts and sugars, wild hibiscus flowers, and syrups;
(3)
'Beverage accessories' include, but are not
limited to, shakers, jiggers, muddlers, mixing pitchers,
atomizers, bar knives, peelers, decanters, flasks, and martini
picks;
(4)
'Cooling accessories' include, but are not
limited to, ice molds, whiskey stones, ice picks, ice tongs, ice
scoops, and ice buckets."
SECTION __. Section 61-4-960(A)(11), (12), and (13) of the 1976 Code, as last amended by Act 36 of 2013, is further amended to read:
"(11)
a sampling may not be offered for more than four
hours; and
(12)
a retailer, pursuant to this section, may not offer
more than one sampling per day; and
(13)
the tasting may not be held in
conjunction with a tasting in a retail alcoholic liquor store,
pursuant to Section 61-6-1035, that is adjacent to and licensed
in the same name of the retail permit authorizing the sale of
beer."
SECTION __. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise effective.
SECTION __. The General Assembly finds that all the provisions contained in this act relate to one subject as required by Section 17, Article III of the South Carolina Constitution in that each provision relates directly to, or in conjunction with, other sections to the subject of premises licensed to sell alcoholic liquors to consumers. The General Assembly further finds that a common purpose or relationship exists among the sections, representing a potential plurality but not disunity of topics, notwithstanding that reasonable minds might differ in identifying more than one topic contained in this act. /
Renumber sections to conform.
Amend title to conform.