S*1012(Rat #0445, Act #0391 of 2000)  General Bill, By J.V. Smith, Fair and 
Anderson
 A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS,
 AFTER A FAVORABLE REFERENDUM, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO
 OFFER A FIFTY-TWO WEEK TEMPORARY PERMIT FOR A NONREFUNDABLE FEE OF THREE
 THOUSAND DOLLARS PER YEAR, TO PROVIDE THAT THE PERMIT MAY NOT EXTEND BEYOND
 THE EXPIRATION DATE OF THE BIENNIAL LICENSE ISSUED PURSUANT TO CHAPTER 6 OF
 TITLE 61, PROVIDE FOR THE PRORATION OF THE FEE UNDER CERTAIN CIRCUMSTANCES,
 INCREASE FROM TWENTY-FIVE HUNDRED TO SEVEN THOUSAND FIVE HUNDRED THE MAXIMUM
 NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE
 REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN
 THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE
 PETITION FORM TO BE SUBMITTED TO THE ELECTION COMMISSION NOT LESS THAN ONE
 HUNDRED TWENTY DAYS BEFORE THE DATE OF THE REFERENDUM, TO REQUIRE THE PETITION
 FORM PROVIDED TO COUNTY OFFICIALS BY THE STATE ELECTION COMMISSION BE USED, TO
 REQUIRE THE LOCAL ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION
 WITHIN SIXTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE
 CONDUCTED AT THE NEXT GENERAL ELECTION.-AMENDED TITLE

   01/11/00  Senate Introduced and read first time SJ-59
   01/11/00  Senate Referred to Committee on Judiciary SJ-59
   03/22/00  Senate Committee report: Favorable Judiciary SJ-6
   03/23/00  Senate Read second time SJ-24
   03/23/00  Senate Ordered to third reading with notice of
                     amendments SJ-24
   04/06/00  Senate Amended SJ-72
   04/12/00  Senate Amended SJ-31
   04/12/00  Senate Read third time and sent to House SJ-31
   04/18/00  House  Introduced and read first time HJ-10
   04/18/00  House  Referred to Committee on Judiciary HJ-11
   05/25/00  House  Committee report: Favorable with amendment
                     Judiciary HJ-3
   05/31/00  House  Amended HJ-20
   05/31/00  House  Read second time HJ-22
   06/01/00  House  Read third time and returned to Senate with
                     amendments HJ-22
   06/01/00  Senate House amendment amended SJ-72
   06/01/00  Senate Returned to House with amendments SJ-72
   06/01/00  House  Non-concurrence in Senate amendment HJ-52
   06/01/00  Senate Senate insists upon amendment and conference
                     committee appointed Sens. JV Smith, Hayes, Fair SJ-73
   06/01/00  House  Conference committee appointed Reps. Easterday,
                     F. Smith and Scott HJ-67
   06/20/00  Senate Conference report received and adopted SJ-18
   06/20/00  House  Free conference powers granted HJ-33
   06/20/00  House  Free conference committee appointed Reps.
                     Easterday, F. Smith and Scott HJ-34
   06/20/00  House  Free conference report received and adopted HJ-34
   06/20/00  House  Ordered enrolled for ratification HJ-55
   06/22/00         Ratified R 445
   07/20/00         Signed By Governor
   07/20/00         Effective date 07/20/00
   07/28/00         Copies available
   07/28/00         Act No. 391

AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS, AFTER A FAVORABLE REFERENDUM, SO AS TO REQUIRE THE DEPARTMENT OF REVENUE TO OFFER A FIFTY-TWO WEEK TEMPORARY PERMIT FOR A NONREFUNDABLE FEE OF THREE THOUSAND DOLLARS PER YEAR, TO PROVIDE THAT THE PERMIT MAY NOT EXTEND BEYOND THE EXPIRATION DATE OF THE BIENNIAL LICENSE ISSUED PURSUANT TO CHAPTER 6 OF TITLE 61, PROVIDE FOR THE PRORATION OF THE FEE UNDER CERTAIN CIRCUMSTANCES, INCREASE FROM TWENTY-FIVE HUNDRED TO SEVEN THOUSAND FIVE HUNDRED THE MAXIMUM NUMBER OF SIGNATURES REQUIRED TO INITIATE THE REFERENDUM, TO DELETE THE REQUIREMENT THAT THE LOCAL ELECTION COMMISSION CONDUCT THE REFERENDUM WITHIN THIRTY NOR MORE THAN FORTY DAYS AFTER RECEIVING THE PETITION, TO REQUIRE THE PETITION FORM TO BE SUBMITTED TO THE ELECTION COMMISSION NOT LESS THAN ONE HUNDRED TWENTY DAYS BEFORE THE DATE OF THE REFERENDUM, TO REQUIRE THE PETITION FORM PROVIDED TO COUNTY OFFICIALS BY THE STATE ELECTION COMMISSION BE USED, TO REQUIRE THE LOCAL ELECTION COMMISSION TO CERTIFY THE NAMES ON THE PETITION WITHIN SIXTY DAYS FROM ITS RECEIPT, AND TO REQUIRE THE REFERENDUM TO BE CONDUCTED AT THE NEXT GENERAL ELECTION.

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

Temporary permit to sell alcoholic liquors

SECTION 1. Section 61-6-2010 of the 1976 Code, as last amended by Section 45A, Part II, Act 155 of 1997, is further amended to read:

"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.

(B)(1) The filing and permit fees must be distributed to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:

(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;

(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);

(c) festivals which have a demonstrable and significant impact on tourism;

(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;

(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22 of Title 51;

(f) contributions to a redevelopment authority pursuant to Section 31-12-10, et seq.;

(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;

(h) nourishment, renourishment (resanding), and maintenance of beaches;

(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;

(j) maintenance of public beach access;

(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and

(l) construction and maintenance of drainage systems.

(2) The revenue may not be used for operating expenses of tourism-related buildings.

(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The 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 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. The question on the ballot shall read substantially as follows:

'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales?'

(2) A referendum for this purpose may not be held more often than once in forty-eight months.

(3) The expenses of any such referendum must be paid by the county or municipality conducting the referendum."

Severability clause

SECTION 2. If any section, subsection, or subitem of this act is held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 22nd day of June, 2000.

Approved the 20th day of July, 2000.