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H 4581
Session 114 (2001-2002)


H 4581 General Bill, By Allison, Klauber, Riser, Snow, Stille, Taylor, Walker and 
Wilder
 A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PROXIMITY REQUIREMENTS AND PLACES OF BUSINESS WITH LIQUOR
 LICENSES, SO AS TO CHANGE THE METHOD OF COMPUTING THE DISTANCE REQUIREMENTS
 ESTABLISHED IN THE SECTION AND EXTEND THESE REQUIREMENTS TO DAYCARE
 FACILITIES, PRIVATE RESIDENCES, SUBDIVISIONS, PUBLIC LIBRARIES, NURSING HOMES,
 HOSPITALS, EMERGENCY CARE FACILITIES, AND PRIMARY CARE FACILITIES.

   01/24/02  House  Introduced and read first time HJ-15
   01/24/02  House  Referred to Committee on Judiciary HJ-16



A BILL

TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO CHANGE THE METHOD OF COMPUTING THE DISTANCE REQUIREMENTS ESTABLISHED IN THE SECTION AND EXTEND THESE REQUIREMENTS TO DAYCARE FACILITIES, PRIVATE RESIDENCES, SUBDIVISIONS, PUBLIC LIBRARIES, NURSING HOMES, HOSPITALS, EMERGENCY CARE FACILITIES, AND PRIMARY CARE FACILITIES.

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

SECTION    1.    Section 61-6-120(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

    "(A)    The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any churchNext, school, or playground situated within a municipality or within five hundred feet of any PreviouschurchNext, school, daycare facility, private residence, subdivision, public library, nursing home, hospital, emergency care facility, and primary care facility or playground situated outside of a municipality. Such This distance shall must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare distance between the from the nearest point of the grounds property line in use as part of such the PreviouschurchNext, school, daycare facility, private residence, subdivision, public library, nursing home, hospital, emergency care facility, and primary care facility or playground, which, as used herein in this section, shall be is defined as follows:

        (1)    'PreviousChurch', an establishment, other than a private dwelling, where religious services are usually conducted;

        (2)    'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

        (3)    'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

    The above restrictions do not apply to the renewal of licenses, and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department."

SECTION    2.    This act takes effect upon approval by the Governor and applies to liquor licenses issued under the provisions of Chapter 6, Title 61 of the 1976 Code after the effective date of this act.

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