S 0654(Rat #0242)  General Bill, By G. Smith

Similar(H 3869)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 61-5-185 so as to provide that the temporary minibottle permit authorized by
 Section 61-5-180 may be issued to nonprofit organizations and businesses
 located east of the Intracoastal Waterway in an area of a county that is
 contiguous to a county that has annual accommodations tax revenues in excess
 of six million dollars and which by referendum has authorized the issuance of
 permits pursuant to Section 61-5-180 and if a referendum approving these
 permits is held in the affected area of the county and the county in which the
 referendum is to be held has annual accommodations tax revenues in excess of
 five hundred thousand dollars.-amended title

   03/22/95  Senate Introduced and read first time SJ-5
   03/22/95  Senate Referred to Committee on Judiciary SJ-5
   04/26/95  Senate Recalled from Committee on Judiciary SJ-2
   04/27/95  Senate Amended SJ-39
   04/27/95  Senate Read second time SJ-39
   05/01/95  Senate Read third time and sent to House SJ-42
   05/02/95  House  Introduced and read first time HJ-6
   05/02/95  House  Referred to Committee on Judiciary HJ-6
   05/18/95  House  Committee report: Favorable Judiciary HJ-35
   05/24/95  House  Objection by Rep. Richardson, Simrill, Spearman,
                     Rice, Witherspoon, Mason & McMahand HJ-18
   05/25/95  House  Objection withdrawn by Rep. Witherspoon HJ-67
   05/25/95  House  Objection withdrawn by Rep. Spearman HJ-68
   01/11/96  House  Debate adjourned until Tuesday, January 23, 1996 HJ-35
   01/23/96  House  Amended HJ-11
   01/23/96  House  Read second time HJ-12
   01/23/96  House  Roll call Yeas-61 Nays-42 HJ-12
   01/24/96  House  Read third time and returned to Senate with
                     amendments HJ-24
   01/25/96  Senate Concurred in House amendment and enrolled SJ-20
   02/07/96  Senate Recalled from Legislative Council SJ-16
   02/08/96  Senate Reconsidered SJ-2
   02/20/96  Senate House amendment amended SJ-4
   02/20/96  Senate Returned to House with amendments SJ-4
   02/22/96  House  Concurred in Senate amendment and enrolled HJ-35
   02/27/96         Ratified R 242
   03/04/96         Vetoed by Governor
   03/06/96  Senate Veto overridden by originating body Yeas-44 
                     Nays-1 SJ-1
   03/13/96  House  Veto sustained Yeas-67  Nays-22 HJ-17
   03/13/96  House   Vote to override-Yeas:22, Nays:67--failing to
                     receive the necessary 2/3 vote to override HJ-17

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

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

Minibottle permits referendum

SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).

(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:

(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;

(2) the annual accommodations tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and

(3) a majority of the qualified electors of the area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures has been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought 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 Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:

`Shall the Department of Revenue and Taxation be authorized to issue temporary permits in the portion of the unincorporated area of the county 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?'

A referendum for this purpose for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.

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

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

In the Senate House ____________________________________________.

______________________________________________

President of the Senate

______________________________________________

Speaker of the House of Representatives

Approved the ____________ day of ________________________, 1996.

______________________________________________

Governor

Printer's Date -- February 29, 1996 -- S.