S 509 Session 112 (1997-1998)
S 0509 General Bill, By McConnell
A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT AN
APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A
PERIOD OTHER THAN THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND
61-4-140 SHALL PAY AN ANNUAL FEE FOR THIS SPECIAL RETAIL PERMIT OF TWO HUNDRED
DOLLARS, RATHER THAN ONE THOUSAND DOLLARS, AND TO AUTHORIZE ISSUANCE OF THESE
PERMITS FOR ON-PREMISES CONSUMPTION TO AN APPLICANT WHO, FOR RELIGIOUS
PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN THE PERIOD
SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140, AND TO ESTABLISH AN
ANNUAL FEE FOR THESE PERMITS OF TWO HUNDRED DOLLARS; AND TO AMEND SECTION
61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS TO SELL ALCOHOLIC
LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO PROVIDE THAT AN
APPLICANT DOES NOT HAVE TO PAY THE APPLICATION FEE OR THE DAILY PERMIT FEE IF
THE APPLICANT CLOSES HIS BUSINESS FOR RELIGIOUS PURPOSES DURING A PERIOD OTHER
THAN THE PERIOD AUTHORIZED BY THE PERMIT ISSUED UNDER THIS SECTION.
03/11/97 Senate Introduced and read first time SJ-6
03/11/97 Senate Referred to Committee on Judiciary SJ-6
A BILL
TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER
AND WINE PERMITS, SO AS TO PROVIDE THAT AN
APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY
CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN
THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130,
AND 61-4-140 SHALL PAY AN ANNUAL FEE FOR THIS
SPECIAL RETAIL PERMIT OF TWO HUNDRED DOLLARS,
RATHER THAN ONE THOUSAND DOLLARS, AND TO
AUTHORIZE ISSUANCE OF THESE PERMITS FOR
ON-PREMISES CONSUMPTION TO AN APPLICANT WHO,
FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS
BUSINESS DURING A PERIOD OTHER THAN THE PERIOD
SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140,
AND TO ESTABLISH AN ANNUAL FEE FOR THESE PERMITS
OF TWO HUNDRED DOLLARS; AND TO AMEND SECTION
61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY
PERMITS TO SELL ALCOHOLIC LIQUORS IN SEALED
CONTAINERS OF TWO OUNCES OR LESS, SO AS TO
PROVIDE THAT AN APPLICANT DOES NOT HAVE TO PAY
THE APPLICATION FEE OR THE DAILY PERMIT FEE IF THE
APPLICANT CLOSES HIS BUSINESS FOR RELIGIOUS
PURPOSES DURING A PERIOD OTHER THAN THE PERIOD
AUTHORIZED BY THE PERMIT ISSUED UNDER THIS
SECTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 61-4-510(A) of the 1976 Code is amended
to read:
"Section 61-4-510. (A)(1)(a) In counties or
municipalities where temporary permits are authorized to be issued
pursuant to Section 61-6-2010, in lieu of the retail permit fee
required pursuant to Section 61-4-500, a retail dealer otherwise
eligible for the retail permit under that section may elect to apply for
a special version of that permit which allows sales for off-premises
consumption without regard to the restrictions on the days or hours
of sales provided in Sections 61-4-120, 61-4-130, and 61-4-140.
The annual fee for this special retail permit is one thousand
dollars, except as provided in subitem (b).
(b) An applicant who, for religious purposes, regularly
closes his business during a period other than the period specified in
Sections 61-4-120, 61-4-130, and 61-4-140 shall pay an annual fee
for this special retail permit of two hundred dollars. The applicant
must file an affidavit with the department affirming that the applicant,
for religious purposes, closes his business on a day other than the
period specified in Sections 61-4-120, 61-4-130, and 61-4-140. The
opening of the business during the period the holder claims to close
the business for religious purposes is a ground for the revocation or
suspension of the holder's permit..
(2) A retail dealer who, for religious purposes, regularly
closes his business during a period other than the period specified in
Sections 61-4-120, 61-4-130, and 61-4-140 may elect to apply for a
special version of the permit authorized in this subsection which
allows sales for on-premises consumption. The applicant must file
an affidavit with the department affirming that the applicant, for
religious purposes, closes his business on a day other than the period
specified in Sections 61-4-120, 61-4-130, and 61-4-140. The
opening of the business during the period the holder claims to close
the business for religious purposes is a ground for the revocation or
suspension of the holder's permit. The annual fee for this special
retail permit is two hundred dollars."
SECTION 2. Section 61-6-2010(A) of the 1976 Code is 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 in its sole discretion shall specify
the terms and conditions of the permit.
An applicant does not have to pay the application fee or the
daily permit fee if the applicant closes his business for religious
purposes during a period other than the period authorized by the
permit issued under this section. Any applicant seeking exemption
from payment of the fees must file an affidavit with the department
affirming that the applicant closes his business during another period
for religious purposes. The opening of the business during the
period the holder claims to close the business for religious purposes
is a ground for the revocation or suspension of the holder's
permit."
SECTION 3. This act takes effect upon approval by the Governor.
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