H*3549(Rat #0282, Act #0252 of 2018)  General Bill, By Cobb-Hunter
 AN ACT TO AMEND SECTION 61-6-120, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO A PERMIT ISSUED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR IN
 PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO PROVIDE THAT A LICENSE
 MAY BE ISSUED IF THE DECISION-MAKING BODY OF THE CHURCH, SCHOOL, OR PLAYGROUND
 AFFIRMATIVELY STATES THAT IT DOES NOT OBJECT TO THE ISSUANCE OF A LICENSE AND
 TO ALLOW THE DECISION-MAKING BODY OF A SCHOOL TO WITHDRAW ITS STATEMENT DURING
 THE RENEWAL PERIOD FOR THE LICENSE. - ratified title

   01/24/17  House  Introduced and read first time (House Journal-page 25)
   01/24/17  House  Referred to Committee on Judiciary
                     (House Journal-page 25)
   03/29/17  House  Committee report: Favorable Judiciary
                     (House Journal-page 42)
   03/30/17  House  Requests for debate-Rep(s). McCravy
                     (House Journal-page 42)
   04/04/17  House  Requests for debate-Rep(s). Gagnon, Atwater,
                     Willis, West, Huggins, Long, Pitts, Hiott,
                     Brown, Hart, Magnuson, Chumley, Crosby
                     (House Journal-page 20)
   04/04/17  House  Debate adjourned until Wed., 4-5-17
                     (House Journal-page 52)
   04/05/17  House  Debate adjourned until Thur., 4-6-17
                     (House Journal-page 140)
   04/19/17  House  Amended (House Journal-page 42)
   04/19/17  House  Read second time (House Journal-page 42)
   04/19/17  House  Roll call Yeas-74  Nays-17 (House Journal-page 43)
   04/24/17  House  Read third time and sent to Senate
                     (House Journal-page 17)
   04/25/17  Senate Introduced and read first time (Senate Journal-page 9)
   04/25/17  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 9)
   02/01/18  Senate Referred to Subcommittee: Shealy (ch), Hutto, Senn
   04/18/18  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 12)
   04/19/18         Scrivener's error corrected
   04/25/18  Senate Committee Amendment Adopted (Senate Journal-page 31)
   04/25/18  Senate Read second time (Senate Journal-page 31)
   04/26/18         Scrivener's error corrected
   04/26/18  Senate Amended (Senate Journal-page 36)
   05/08/18  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 44)
   05/08/18  Senate Roll call Ayes-33  Nays-9 (Senate Journal-page 44)
   05/09/18  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 9)
   05/09/18  House  Roll call Yeas-99  Nays-5 (House Journal-page 10)
   05/23/18         Ratified R 282
   05/25/18         Signed By Governor
   06/01/18         Effective date 05/25/18
   06/01/18         Act No. 252

(A252, R282, H3549)

AN ACT TO AMEND SECTION 61-6-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERMIT ISSUED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC LIQUOR IN PROXIMITY TO A CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO PROVIDE THAT A LICENSE MAY BE ISSUED IF THE DECISION-MAKING BODY OF THE CHURCH, SCHOOL, OR PLAYGROUND AFFIRMATIVELY STATES THAT IT DOES NOT OBJECT TO THE ISSUANCE OF A LICENSE AND TO ALLOW THE DECISION-MAKING BODY OF A SCHOOL TO WITHDRAW ITS STATEMENT DURING THE RENEWAL PERIOD FOR THE LICENSE.

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

School defined

SECTION    1.    Section 61-6-120(A)(2) of the 1976 Code is amended to read:

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

Alcohol license proximity ban exception

SECTION    2.    Section 61-6-120(C) of the 1976 Code is amended to read:

"(C)(1)        Notwithstanding the provisions of subsection (A), the department may issue a license so long as any church, school, or playground located within the parameters affirmatively states that it does not object to the issuance of a license. This subsection only applies to a permit for on-premises consumption of alcoholic liquor.

(2)(a)    Any applicant seeking to utilize the provisions of this subsection must provide a statement declaring the church, playground, or school does not object to the issuance of the specific license sought, as follows:

(i)        if a church, from the decision-making body of the local church;

(ii)    if a playground, from the decision-making body of the owner of the playground;

(iii)    if a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school.

(b)    If more than one church, school, or playground is located within the parameters set forth in subsection (A), the applicant must provide the statement from all churches, schools, or playgrounds.

(c)    At the time of any renewal period for the specific license, a school, from the local school district board of trustees of the local public school, governing board of the charter school, or governing authority of the private school, may withdraw its statement declaring it does not object to the issuance of the specific license sought by notifying the department of its withdrawal.

(3)    The department may promulgate regulations necessary to implement the provisions of this subsection."

Time effective

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

Ratified the 23rd day of May, 2018.

Approved the 25th day of May, 2018.