H*4426(Rat #0469, Act #0353 of 2002)  General Bill, By Merrill and Law
 A BILL TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL
 REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY
 BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM
 MAY BE ORDERED BY THE MUNICIPAL COUNCIL OF A MUNICIPALITY IN WHICH SUNDAY
 MINIBOTTLE SALE PERMITS MAY BE ISSUED ONLY IN PART OF THE MUNICIPALITY
 PURSUANT TO A COUNTY REFERENDUM, TO PROVIDE THAT THE REFERENDUM IS FOR THE
 PURPOSE OF ALLOWING SUCH PERMITS WHERE PROHIBITED BEFORE, AND PROVIDE THAT A
 MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF
 SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE
 PERMITS WERE LAWFUL; AND TO AMEND SECTION 61-6-1540, RELATING TO LIMITATIONS
 AND THE EXEMPTIONS THEREFROM ON SALES OF NONALCOHOLIC MERCHANDISE IN A RETAIL
 LIQUOR STORE, SO AS TO EXEMPT SOUTH CAROLINA STATE LOTTERY TICKETS FROM THE
 LIMITATION.-amended title

   12/19/01  House  Prefiled
   12/19/01  House  Referred to Committee on Judiciary
   01/08/02  House  Introduced and read first time HJ-38
   01/08/02  House  Referred to Committee on Judiciary HJ-39
   04/02/02  House  Committee report: Favorable Judiciary HJ-9
   04/03/02  House  Read second time HJ-78
   04/04/02  House  Read third time and sent to Senate HJ-11
   04/09/02  Senate Introduced and read first time SJ-12
   04/09/02  Senate Referred to Committee on Judiciary SJ-12
   05/15/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/16/02  Senate Amended SJ-80
   05/22/02  Senate Read second time SJ-38
   05/22/02  Senate Ordered to third reading with notice of
                     amendments SJ-38
   05/28/02  Senate Amended SJ-55
   05/28/02  Senate Read third time and returned to House with
                     amendments SJ-55
   05/29/02  House  Non-concurrence in Senate amendment HJ-121
   05/29/02  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Matthews, Mescher,
                     Grooms SJ-22
   05/29/02  House  Conference committee appointed Reps. Merrill, J.
                     Young and Simrill HJ-239
   06/04/02  Senate Conference report received and adopted SJ-16
   06/05/02  House  Conference report received and adopted HJ-26
   06/05/02  House  Ordered enrolled for ratification HJ-28
   06/06/02         Ratified R 469
   07/16/02         Signed By Governor
   08/06/02         Effective date 07/16/02
   08/06/02         Copies available
   08/06/02         Act No. 353

(A353, R469, H4426)

AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED BY THE MUNICIPAL COUNCIL OF A MUNICIPALITY IN WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED ONLY IN PART OF THE MUNICIPALITY PURSUANT TO A COUNTY REFERENDUM, TO PROVIDE THAT THE REFERENDUM IS FOR THE PURPOSE OF ALLOWING SUCH PERMITS WHERE PROHIBITED BEFORE, AND PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL; AND TO AMEND SECTION 61-6-1540, RELATING TO LIMITATIONS AND THE EXEMPTIONS THEREFROM ON SALES OF NONALCOHOLIC MERCHANDISE IN A RETAIL LIQUOR STORE, SO AS TO EXEMPT SOUTH CAROLINA STATE LOTTERY TICKETS FROM THE LIMITATION.

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

Sunday minibottle sales; municipal referendum

SECTION 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 391 of 2000, is further amended by adding a subsection at the end to read:

"(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less in the following circumstances:

(a) parts of the municipality are located in more than one county;

(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and

(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.

(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.

(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."

South Carolina lottery tickets, allowed in retail liquor store

SECTION 2. Section 61-6-1540(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in, or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:

(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;

(2) nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and

(3) lottery tickets under the provisions of Chapter 150 of Title 59."

Time effective

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

Ratified the 6th day of June, 2002.

Approved the 16th day of July, 2002.