Senator Sutton proposes the following amendment (SJ-3924.MB0045S):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

SECTION X. Section 61-3-100 of the S.C. Code is amended to read:

 Section 61-3-100. For the purposes of this chapter, the following definitions apply:
 (1) "Alcohol" means beer, wine, alcoholic liquors, hemp-cannabinoid beverages, or any other type of alcoholic beverage that contains any amount of alcohol and is used as a beverage for human consumption.
 (2) "Alcohol server" means an individual who sells alcohol, including hemp-cannabinoid beverages, for on-premises consumption at permitted or licensed premises and may include a permittee, licensee, manager, or other employee of a permittee or licensee. "Alcohol server" does not include an individual employed or volunteering on a temporary basis for a one-time special event, such as a banquet, or at an event that has a temporary permit to sell beer, wine, or alcoholic liquors by the drink and does not include an individual transferring alcohol from one location to another as a distributor, wholesaler, or as otherwise lawfully authorized to transfer alcohol from one location to another by this title; and does not include an individual who cannot lawfully serve or deliver alcohol pursuant to Sections 61-4-90(D) and 61-6-2200.
 (3) "Alcohol server certificate" means an authorization issued by the department for an individual to be employed or engaged as an alcohol server for on-premises consumption.
 (4) "DBHDD" means the Department of Behavioral Health and Developmental Disabilities, Office of Substance Abuse.
 (5) "Department" means the South Carolina Department of Revenue.
 (6) "Division" means the South Carolina Law Enforcement Division.
 (7) "Employee" means a person who is employed for at least ten hours a week by a permittee or a licensee.
 (8) "Licensee" means a person issued a license by the department pursuant to Title 61 to sell, serve, transfer, or dispense alcoholic liquors, including hemp-cannabinoid beverages, or alcoholic liquor by the drink for on-premises consumption.
 (9) "Manager" means an individual permittee, an individual licensee, and any person employed by a permittee or licensee who manages, directs, or controls the sale, service, transfer, or dispensing of alcoholic beverages for on-premises consumption at the permitted or licensed premises.
 (10) "Permittee" means a person issued a permit by the department pursuant to Title 61 to sell, serve, transfer, or dispense beer, wine, ale, porter, or other malted beverages for on-premises consumption.
 (11) "Program" means an alcohol server training and education course and examination approved by the department with input from DBHDD and the division that is administered by authorized providers.
 (12) "Provider" means an individual, partnership, corporation, or other legal entity authorized by the department that offers and administers a program.

Amend the bill further, SECTION 22, by striking Section 61-4-90(D) and inserting:

 (D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages, including hemp-cannabinoid beverages, in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

Amend the bill further, SECTION 38, by striking Section 61-6-20(1)(b) and inserting:

  (b) "Alcoholic liquor by the drink" or "alcoholic beverage by the drink" means a drink poured from a container of alcoholic liquor, excluding hemp-cannabinoid beverage, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Sections 61-6-1610 through 61-6-1637 of the S.C. Code are amended to read:

 Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold by the drink and hemp-cannabinoid beverages in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:
  (1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and
  (2) the business has aany required licenselicenses from the department authorizing the sale and consumption of alcoholic liquors by the drink or a food establishment hemp cannabinoid license, which is displayed conspicuously on the main entrance to the premises and clearly visible from the outside.
 (B) Notwithstanding another provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds aany validrequired license for the sale and consumption of alcoholic liquors by the drink or hemp-cannabinoid beverages do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area even though food may be served in the area.
 (C) An establishment licensed pursuant to the provisions of this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700.
 (D) Any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors or hemp-cannabinoid beverages on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. However, any licensee, employee, or agent of an establishment licensed as a food service establishment or place of lodging is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors or hemp-cannabinoid beverages on Sunday unless the establishment has been issued for that Sunday a temporary permit pursuant to the provisions of Section 61-6-2010. A violation of this subsection is a violation against the establishment's license.
 (E)(1) It is unlawful for a person licensed to sell alcoholic liquor by the drink pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor or hemp-cannabinoid beverage, or otherwise tamper with the contents of the bottle.
  (2) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:
   (a) for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;
   (b) for a second or subsequent offense, must be fined one thousand dollars or imprisoned for not more than six months, or both.
 (F) In addition to the penalties provided in subsection (E), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department.
 (G) The possession of a refilled or reused bottle or other container of alcoholic liquors or hemp-cannabinoid beverage is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.
 (H) An establishment licensed pursuant to the provisions of Section 61-6-20(2) as a business that is bona fide engaged primarily and substantially in the preparation and serving of meals is authorized to continue to operate as the licensed establishment so long as the licensed establishment maintains a Grade A retail food establishment permit from the Department of Health and Environmental Control. Upon notice by the Department of Health and Environmental Control Agriculture to the licensed establishment and to the Department of Revenue that the retail food establishment permit has been reduced to a grade below Grade A, the licensed establishment has thirty days within which to request a subsequent inspection by the Department of Health and Environmental ControlAgriculture. If a subsequent inspection is not requested within thirty days after the reduction in a grade below Grade A, or the subsequent inspection results in a grade below Grade A, then the Department of Revenue shall suspend the license of the licensed establishment until the Department of Health and Environmental ControlAgriculture issues a Grade A retail food establishment permit.
 (I) For purposes of this section:
  (1) "Kitchen" means a separate and distinct area of the business establishment that is used solely for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for the cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.
  (2) "Meal" means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal.
  (3) "Primarily" means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand.

 Section 61-6-1620. (A) This article authorizes the possession or consumption of alcoholic liquors or hemp-cannabinoid beverages on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.
 (B) Alcoholic liquors or hemp-cannabinoid beverages may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.

 Section 61-6-1630. A person licensed to sell alcoholic liquor by the drink and, if applicable, hemp-cannabinoid beverages for on-premises consumption must not be licensed as a retail dealer on the same premises.

 Section 61-6-1636. (A) A person licensed by this article for sale and use for on-premises consumption shall purchase alcoholic liquor for sale by the drink and, if applicable, hemp-cannabinoid beverages from a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or from a licensed wholesaler, as provided in subsection (C), in any size bottle, except 1.75 liter sized bottles.
 (B) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in any size bottle, except 1.75 liter sized bottles, to a person licensed by this article to sell alcoholic liquors and, if applicable, hemp-cannabinoid beverages for on-premises consumption.
 (C)(1) For the purposes of this subsection, "new alcoholic liquor" means alcoholic liquor not previously sold in this State.
  (2) A licensed wholesaler may deliver new alcoholic liquor to a person licensed by this article to sell alcoholic liquors for on-premises consumption:
   (a) in sealed containers and in any sized bottle, except 1.75 liter sized bottles, and
   (b) only during the first one hundred eighty days from the date of the first bill of lading in this State for that new alcoholic liquor.
  (3) Within ten days of receipt of the first bill of lading, the licensed wholesaler must provide a copy of the bill of lading to the department in the manner prescribed by the department.

 Section 61-6-1637. A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor or, if applicable, hemp-cannabinoid beverage in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than ten days, or both.

Amend the bill further, SECTION 45, by striking Section 61-14-700(B)(2) and (3) and inserting:

  (2) hemp-cannabinoid beverage wholesaler's license, which authorizes the licensee to purchase, store, keep, possess, import into this State, transport, sell, and deliver hemp-cannabinoid beverages in bottles or cans in accordance with regulations to a person having a manufacturer's or retail license issued pursuant to this article; and
  (3) hemp-cannabinoid beverage retail license, which authorizes the licensees to purchase hemp-cannabinoid beverages from wholesalers having licenses issued pursuant to this article, and to store, keep, possess, and sell hemp-cannabinoid beverages at retail, and which excludes sales of hemp-cannabinoid beverages for on-premise consumption. and
  (4) hemp-cannabinoid product food service establishment's license, which authorizes the licensee to sell hemp-cannabinoid beverages for on-premise consumption, provided the licensee meets the requirements as established in Chapter 6, Title 61.

Amend the bill further, SECTION 45, Section 61-14-710, by adding a subsection to read:

 (E)(1) Food establishments that serve hemp-cannabinoid beverages with an allowable THC concentration are subject to Chapter 6, Title 61, in the same manner and to the same extent those provisions apply to serving alcoholic liquor by the drink for on-premise consumption under Section 61-6-1610.
  (2) A good establishment that serves hemp-cannabinoid beverages and does not serve alcoholic liquor by the drink is not required to maintain a separate license for alcoholic liquor by the drink.

Amend the bill further, SECTION 45, Section 61-14-720(A), by adding an item to read:

  (4) food establishment's license: one thousand five hundred dollars.

Renumber sections to conform.

Amend title to conform.