Reference is to Printer's Date 3/16/17--S.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 2, Title 61 of the 1976 Code is amended by adding:
"Section 61-2-145.
(A) In addition to all other
requirements, a person licensed or permitted to sell alcoholic
beverages for on-premises consumption is required to maintain a
liquor liability insurance policy or a general liability
insurance policy with a liquor liability endorsement for a total
coverage of at least one million dollars during the period of
the biennial permit or license. The policy providing this
coverage must contain a provision insuring the named insured,
the insured's employees, and any other person defined as an
insured against liability for death or injury sustained or loss
or damage incurred within the coverage of the policy for liquor
liability. Any endorsement, provision, or rider attached to or
included in any policy of insurance which purports or seeks to
limit or reduce the coverage afforded by the provisions required
by this section is void. Failure to maintain this coverage
constitutes grounds for suspension or revocation of the permit
or license.
(B) The department
shall add this requirement to all applications and renewals for
biennial permits or licenses to sell alcoholic beverages for
on-premises consumption, and each applicant or person renewing
its license or permit shall provide the department with
documentation of a liquor liability insurance policy or a
general liability insurance policy with a liquor liability
endorsement in the required amounts.
(C) Each insurer
writing liquor liability insurance policies or general liability
insurance policies with a liquor liability endorsement to a
person licensed or permitted to sell alcoholic beverages for
on-premises consumption shall notify the department in a manner
prescribed by department regulation of the lapse, expiration,
cancellation, nonrenewal, or other termination of the liquor
liability insurance policy or the general liability insurance
policy with a liquor liability endorsement.
(D) For the purposes of
this section:
(1)
'Alcoholic beverages' means beer, wine, alcoholic liquors,
and alcoholic liquor by the drink as defined in Chapters 4 and
6, Title 61.
(2)
'Liquor liability' means liability for losses, damages, or
other expenses arising from death or injury to a person or
damage to property as a result of tortious conduct in the
distribution, sale, or service of alcoholic beverages for
consideration including, without limitation, liability for
conduct in violation of Sections 61-4-580 and 61-6-2220."
SECTION 2. This act takes effect on July 1, 2017, and any person applying for a new biennial permit or license for on-premises consumption under Title 61 after this date must comply with the provisions of this act at the time of the application. A person renewing a biennial permit or license under Title 61 after this date must comply with the provision of this act at the time of the renewal. /
Renumber sections to conform.
Amend title to conform.