Senator Graham proposes the following amendment (SJ-3924.MB0044S):
Amend the bill, as and if amended, SECTION 45, by striking Section 61-14-360(A)(2) and (B) and inserting:
(2) For purposes of this chapter, a permit authorized by this section to sell hemp-cannabinoid beverages with an allowable THC concentration of five milligrams or less, may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendumhad a favorable vote in favor of the issuance of the permit for retail sales of hemp-cannabinoid beveragesbeer and wine on Sundays in retail stores prior to January 1, 2026. It is unlawful to sell hemp-cannabinoid beverages in a retail store on Sunday that is not licensed to sell hemp-cannabinoid beverages.(B) In a county or a municipality where the electors petition for a the prohibition of hemp-cannabinoid beverages sold in restore on Sundays, Thethe county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must may be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue.
(B) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.
(C) A person who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;
(2) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and
(3) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years
Renumber sections to conform.
Amend title to conform.