H*2080 Session 105 (1983-1984)
H*2080(Rat #0483, Act #0414 of 1984) General Bill, By D.M. McEachin,
M.O. Alexander, D. Blackwell, Branton, T.A. Brett, M.D. Cleveland, M.J. Cooper,
V.L. Crocker, H.C. Granger, M.S. Gulledge, J.L. Harris, J.C. Hayes, J.C. Hearn,
B.L. Hendricks, D.N. Holt, B.E. Huff, T.E. Huff, I.C. Joe, W.H. Jones,
J.R. Klapman, E.S. Lake, Martin, R.N. McLellan, D.E. McTeer, M.P. Miles,
Phillips, Sheheen, J.J. Snow, J.R. Tally, B.E. Thrailkill, Washington,
M.H. Westbrook, Wilkins and R.R. Woods
Similar(S 228)
A Bill to amend Section 61-9-40, Code of Laws of South Carolina, 1976,
relating to the unlawful sale of beer and wine to persons under the age of
eighteen and to amend Section 20-7-370, as amended, relating to the unlawful
purchase or possession of beer and wine by persons under the age of eighteen,
so as to raise the lawful age for such sales and purchases from eighteen to
nineteen on a certain date and from nineteen to twenty on a certain date, to
amend Chapter 9, Title 61 of the 1976 Code by adding Section 61-9-455 so as to
require certain signs to be posted in every retail location wherein beer, ale,
porter, or wine is sold, to amend Section 61-9-70, relating to penalties for
certain violations of the beer and wine laws, so as to revise these penalties,
and to amend the 1976 Code by adding Section 61-9-75 so as to require that the
text of provisions of law which make it unlawful to give false information as
to a person's age for the purpose of unlawfully purchasing beer or wine must
be conspicuously displayed in all establishments which hold a permit to sell
beer or wine.-amended title
12/13/82 House Prefiled
12/13/82 House Referred to Committee on Judiciary
01/11/83 House Introduced and read first time HJ-214
01/11/83 House Referred to Committee on Judiciary HJ-214
02/02/83 House Committee report: Favorable Judiciary HJ-585
03/02/83 House Debate adjourned HJ-1253
03/02/83 House Debate adjourned until Tuesday, March 15, 1983 HJ-126
03/03/83 House Reconsidered HJ-1299
03/03/83 House Debate adjourned until Tuesday, March 8, 1983 HJ-1300
03/08/83 House Objection by Rep. Beasley, Broadwater & Sheppard
HJ-1347
03/30/83 House Objection withdrawn by Rep. Broadwater HJ-1747
04/06/83 House Debate adjourned HJ-1906
04/07/83 House Objection by Rep. Aydlette HJ-1960
04/19/83 House Objection withdrawn by Rep. Aydlette HJ-2297
04/19/83 House Objection by Rep. Derrick HJ-2297
04/21/83 House Special order, set for Tues. 4/26/83 after call
uncontest. cal. (Under H-3000) HJ-2372
04/26/83 House Amended HJ-2400
04/26/83 House Debate interrupted HJ-2407
04/27/83 House Amended HJ-2425
04/27/83 House Read second time HJ-2436
06/02/83 House Read third time and sent to Senate HJ-3478
06/07/83 Senate Introduced and read first time SJ-1914
06/07/83 Senate Referred to Committee on Judiciary SJ-1914
05/02/84 Senate Committee report: Favorable Judiciary SJ-1641
05/09/84 Senate Read second time SJ-1732
05/09/84 Senate Ordered to third reading with notice of
amendments SJ-1732
05/23/84 Senate Read third time and enrolled SJ-1901
05/24/84 Ratified R 483
05/29/84 Signed By Governor
05/29/84 Effective date 05/29/84
05/29/84 Act No. 414
06/08/84 Copies available
(A414, R483, H2080)
AN ACT TO AMEND SECTION 61-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING
TO THE UNLAWFUL SALE OF BEER AND WINE TO PERSONS UNDER THE AGE OF EIGHTEEN AND
TO AMEND SECTION 20-7-370, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR
POSSESSION OF BEER AND WINE BY PERSONS UNDER THE AGE OF EIGHTEEN, SO AS TO RAISE
THE LAWFUL AGE FOR SUCH SALES AND PURCHASES FROM EIGHTEEN TO NINETEEN ON A
CERTAIN DATE AND FROM NINETEEN TO TWENTY ON A CERTAIN DATE, TO AMEND CHAPTER 9,
TITLE 61 OF THE 1976 CODE BY ADDING SECTION 61-9-455 SO AS TO REQUIRE CERTAIN
SIGNS TO BE POSTED IN EVERY RETAIL LOCATION WHEREIN BEER, ALE, PORTER, OR WINE
IS SOLD, TO AMEND SECTION 61-9-70, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS
OF THE BEER AND WINE LAWS, SO AS TO REVISE THESE PENALTIES, AND TO AMEND THE 1976
CODE BY ADDING SECTION 61-9-75 SO AS TO REQUIRE THAT THE TEXT OF PROVISIONS OF
LAW WHICH MAKE IT UNLAWFUL TO GIVE FALSE INFORMATION AS TO A PERSON'S AGE FOR THE
PURPOSE OF UNLAWFULLY PURCHASING BEER OR WINE MUST BE CONSPICUOUSLY DISPLAYED IN
ALL ESTABLISHMENTS WHICH HOLD A PERMIT TO SELL BEER OR WINE.
Be it enacted by the General Assembly of the State of South Carolina:
Unlawful to sell beer and wine to certain persons
SECTION 1. Section 61-9-40 of the 1976 Code is amended to read:
"Section 61-9-40. It shall be unlawful for any person to sell beer, ale,
porter, wine, or any other similar malt or fermented beverage to a person under
the age of nineteen effective January 1, 1984, and under the age of twenty
effective January 1, 1985. Any person making such unlawful sale shall be
subject to a fine of from one hundred to two hundred dollars or to imprisonment
of from thirty to sixty days, or both, in the discretion of the court."
Further
SECTION 2. Section 20-7-370 of the 1976 Code, as amended by Act 71 of 1981, is
further amended to read:
"Section 20-7-370. It shall be unlawful for any person under the age of
nineteen effective January 1, 1984, and under the age of twenty effective January
1, 1985, to purchase, or knowingly have in his possession, any beer, ale, porter,
wine, or any other similar malt or fermented beverage. Any such possession shall
be prima facie evidence that it was knowingly possessed. Any person violating
the provisions of this section shall be deemed guilty of a misdemeanor and upon
conviction shall be fined not less than twenty-five dollars nor more than one
hundred dollars.
This section shall not apply to any employee lawfully engaged in the sale or
delivery of any such beverage in an unopened container."
Permit must be obtained
SECTION 3. Chapter 9, Title 61 of the 1976 Code is amended by adding:
"Section 61-9-455. Every person engaged in the business of selling at
retail beer, ale, porter, or wine shall post in every location for which he has
obtained a permit pursuant to Section 61-9-310 a sign with the following words
printed thereon: 'Any purchase of beer, ale, porter, or wine in this
establishment by anyone under nineteen years of age is a violation of the laws
of this State and may be punished accordingly.' The Alcoholic Beverage Control
Commission shall by regulation prescribe the size of the lettering and the
location of the sign on the seller's premises.
Any retail seller of beer, ale, porter, or wine who fails to display the sign
required by the provisions of this section is guilty of a misdemeanor and upon
conviction must be fined not more than one hundred dollars or imprisoned for not
more than thirty days."
Penalty
SECTION 4. Section 61-9-70 of the 1976 Code is amended to read:
"Section 61-9-70. Any person violating the provisions of Sections 61-9-50
and 61-9-60 shall, upon conviction, be fined not less than fifty nor more than
one hundred dollars or be imprisoned for not more than thirty days."
Provisions of law to be conspiciously displayed
SECTION 5. The 1976 Code is amended by adding:
"Section 61-9-75. The provisions of Section 61-9-50 shall be conspicuously
displayed in all establishments which hold a permit to sell beer or wine."
Time effective
SECTION 6. This act shall take effect upon approval by the Governor. |