S*1084(Rat #0452, Act #0415 of 1996)  General Bill, By Senate Judiciary
 A Bill to amend Title 61, Code of Laws of South Carolina, 1976, relating to
 alcohol and alcoholic beverages, beer and wine, by adding Chapters 2, 4, 6, 8,
 10, and 12 so as to provide for the regulation, transportation, possession,
 consumption, licensing, sale, and penalties regarding alcoholic beverages,
 beer and wine, and to make certain technical changes; by adding Section
 12-33-245 so as to provide for the rate at which minibottles must be taxed; by
 adding Section 12-33-475 so as to provide for the tax exemption of alcoholic
 liquors sold to the United States government instrumentality for military
 purposes; to amend Section 6-27-40, as amended, relating to the distribution
 of monies appropriated to the local government fund, so as to change a Code
 reference; and to repeal Chapters 1, 3, 5,7, 9, 11, and 13 of Title 61
 relating to general provisions regarding alcoholic beverages, beer and wine,
 and licenses, Alcoholic Beverage Control Act, regulation of the
 transportation, possession, consumption, and sale of alcoholic beverages;
 importation of alcoholic beverages, beer, wine, ale, porter, alcohol; and
 nuisances and enforcement.-amended title

   01/31/96  Senate Introduced, read first time, placed on calendar
                     without reference SJ-4
   02/01/96  Senate Read second time SJ-9
   02/01/96  Senate Ordered to third reading with notice of amendments SJ-9
   02/06/96  Senate Read third time and sent to House SJ-183
   02/07/96  House  Introduced and read first time HJ-12
   02/07/96  House  Referred to Committee on Judiciary HJ-12
   04/10/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-9
   04/17/96  House  Amended HJ-33
   04/17/96  House  Read second time HJ-36
   04/18/96  House  Read third time and returned to Senate with
                     amendments HJ-23
   05/21/96  Senate Concurred in House amendment and enrolled SJ-18
   05/30/96         Ratified R 452
   06/04/96         Signed By Governor
   06/04/96         Effective date 01/01/97
   06/25/96         Copies available
   06/25/96         Act No. 415

AN ACT TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6, 8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION, TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING, SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED, RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11, AND 13 OF TITLE 61 RELATING TO GENERAL PROVISIONS REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT, REGULATION OF THE TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES; IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE, PORTER, ALCOHOL; AND NUISANCES AND ENFORCEMENT.

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

Beer, wine, and alcohol

SECTION 1. Title 61 of the 1976 Code, as last amended by Acts 103, 143, 144, and 145 of 1995, is further amended by adding:

Section 61-2-10. (A) As used in Title 61, unless the context clearly requires otherwise:

(1) `Department' means the South Carolina Department of Revenue and Taxation.

(2) `Director' means the director of the Department of Revenue and Taxation.

(3) `Division' means the South Carolina Law Enforcement Division.

(4) `Regulation', unless otherwise specified, means a regulation promulgated by the department or division pursuant to (a) this title or (b) other provisions of the Code relating to beer, wine, and alcoholic liquors, and in accordance with Chapter 23 of Title 1.

Section 61-2-20. The functions, duties, and powers set forth in this title are vested in the department and the division. The department must administer the provisions of this title, and the division must enforce the provisions of this title.

Section 61-2-30. The department and the division must employ personnel necessary to administer and enforce the laws and regulations governing alcoholic liquors, beer, and wine. Salaries of these personnel must be set by the department and the division, as applicable.

Section 61-2-40. (A) The chief of the division and the director of the department directly or indirectly (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to a person by blood or marriage within the second degree shall not:

(1) have an interest in the manufacture of or dealing in alcoholic liquors or in an enterprise or industry in which alcoholic liquors are required;

(2) receive a commission or profit on the purchase or sale of alcoholic liquors by any person; or

(3) have an interest in or mortgage or deed of trust on any land or building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in personal property used therein.

(B) No employee of the department may license, permit, or participate in the licensing or permitting of a person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic liquors, beer, and wine if the employee has an ownership interest in that person, business, or organization.

(C) No employee of the division may enforce any law or regulation governing alcoholic liquors, beer, and wine against any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic liquors, beer, and wine if the employee has an ownership interest in that person, business, or organization.

Section 61-2-50. The department may issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents and administer oaths and take testimony thereunder.

Section 61-2-60. The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with this title including, but not limited to:

(1) regulations for the application and issuance of alcoholic liquor licenses, permits, and certificates;

(2) regulations to prevent the unlawful manufacture, bottling, sale, distribution, transportation, and importation of alcoholic liquors;

(3) regulations necessary to effect an equitable distribution of alcoholic liquors in this State;

(4) regulations for the analysis of alcoholic liquors sold in this State and for a procedure for obtaining the samples for this purpose;

(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of beer and wine;

(6) regulations for application for and issuance of beer licenses, permits, or brewers' certificates of approval and the sale, distribution, promotion, and shipment of beer into and within the State;

(7) regulations for the operation of breweries and commercial wineries; and

(8) regulations governing the enforcement of provisions relating to brewpubs.

Section 61-2-70. The department has sole and exclusive power to issue all licenses, permits, and certificates provided for in this title.

Section 61-2-80. The department is the sole and exclusive authority empowered to regulate the operation of all retail locations authorized to sell beer, wine, or alcoholic liquors and is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit.

Nothing contained in this section may be considered as prohibiting judicial appeals from decisions of the administrative law judge division, as authorized by Chapter 23 of Title 1, nor as limiting the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department.

Section 61-2-90. A person desiring a license or permit under this title must file with the department an application in writing on forms provided by the department containing a statement under oath setting forth:

(1) the name, address, date of birth, race, and nationality of the person applying for the license or permit;

(2) the exact location where the business is proposed to be operated;

(3) a description of the type of business to be operated;

(4) whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;

(5) whether the applicant has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application;

(6) other information required by the department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.

Section 61-2-100. (A) No license or permit may be issued to an organization, an association, or a corporation as an entity. If an application is made for an organization, an association, or a corporation, the license or permit, if issued, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. The officer or designated person is responsible under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.

(B) A person may hold multiple permits and licenses. However, a person, his agent, or his attorney must not be issued a permit or license for more than one business entity.

(C) No license or permit may be issued by the department to a person under twenty-one years of age.

Section 61-2-110. The department must accept checks, in addition to any other method of payment it considers appropriate, in payment of the fees due for a license or permit. If the check is dishonored, the department may suspend the license or permit without notice or a hearing until the applicant makes the payment in a form satisfactory to the department and pays a reinstatement fee of fifty dollars. The department may retain the reinstatement fee in order to offset the cost of this provision.

Section 61-2-120. Biennial licenses and permits issued under this title expire according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley Counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York Counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.

Section 61-2-130. If a biennial licensee or permittee under this title closes the licensed or permitted business for any reason during the first year of the biennial license or permit period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit.

Section 61-2-140. (A) A person promptly must surrender a license or permit issued under the provisions of this title upon request of the department.

(B) Licenses and permits are the property of the department and are not transferable. Licenses and permits must be surrendered immediately to the department upon the termination of a business, upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been issued. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.

(C) Licenses and permits must be issued for a designated location and may not be transferred to another location. A separate license or permit is required for each separate location of a business.

(D) When a license or permit is suspended or revoked, no partner or person with a financial interest in the business may be issued a license or permit for the premises concerned. No person within the second degree of kinship to a person whose license or permit is suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation.

(E) A person whose license or permit has been suspended or revoked for a particular premises is not eligible to receive an additional new license or permit at another location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity.

Section 61-2-150. If a fine is imposed by the department for a violation by a beer, wine or liquor licensee, and the licensee fails to pay the fine and ceases doing business on the premises where the violation occurred, the department must not require a subsequent tenant of the premises to pay the fine as a condition to being issued a beer, wine, or liquor license. However, this prohibition does not apply to any person who is related by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee so fined.

The burden is on the new tenant to prove that no such relationship exists between him and the licensee.

Section 61-2-160. No license or permit under this title may be issued, renewed, or transferred unless the department and the Internal Revenue Service determine that the applicant does not owe the state or federal government delinquent taxes, penalties, or interest. If the department or the Internal Revenue Service determine that delinquent taxes, penalties, or interest are due, the department must notify the applicant of the necessary requirements to comply with this section.

Section 61-2-170. The department may not generate license fees to be deposited in the general fund of the State through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquors, beer, or wine to be sold on a drive-through or curb service basis.

Section 61-2-180. Notwithstanding any other provision of law, a person or organization licensed by the department under this title may hold and advertise special events such as bingo, raffles, and other similar activities intended to raise money for charitable purposes. This section does not affect the requirements for obtaining a bingo license from the department.

Section 61-2-190. A person detected in the act of violating any provision of this title may be arrested without warrant if a warrant is procured within a reasonable time thereafter.

Section 61-2-200. There shall be one official summons which may be used by all agents and inspectors of the division when making arrests for violations of the laws and regulations governing alcoholic liquors, beer, and wine in offenses for which the magistrate's court has jurisdiction. The division must prescribe the form of the summons and print copies.

Section 61-2-210. When a person is charged by an agent or inspector of the division with a criminal offense for which a magistrate's court has jurisdiction, the person charged, upon being served with the official summons issued by the agent or inspector, must appear before the proper judicial officer at the time and place stated in the summons. The service of the summons vests the court with jurisdiction to hear and dispose of the charge for which the summons was issued.

Section 61-2-220. When this title provides that a search warrant may be issued upon an affidavit based on information and belief, the affidavit must contain a statement setting forth the sources of information and the facts and grounds of belief upon which the affiant bases his belief.

Section 61-2-230. A constable, deputy constable, or magistrate who neglects or refuses to perform the duties required by this title may be suspended by the Governor.

Section 61-2-240. Interference by any person with, obstruction or resistance of, or abusive language to any officer or person in the discharge of his duties under this title or the use of abusive language by the officer or person to another person is a misdemeanor. A person who violates this section must, upon conviction, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than one year.

Section 61-2-250. In cases of conviction for the violation of a provision of this title when no punishment is provided, the person must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.

Section 61-2-260. Contested case hearings arising under the provisions of this title must be heard by the administrative law judge division pursuant to the South Carolina Revenue Procedures Act and the Administrative Procedures Act.

Section 61-4-10. All beers, ales, porter, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight and all wines containing not in excess of twenty-one percent of alcohol by volume are declared to be nonalcoholic and nonintoxicating beverages.

Section 61-4-20. It is unlawful for a person to sell or permit to be sold beer, ale, porter, wine, malt, or other beverage authorized to be sold under this chapter on which the tax levied has not been paid. A person having charge of the sale of one of these beverages who sells or permits it to be sold in violation of the provisions of this section is guilty of a misdemeanor and, upon conviction, for each offense must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, in the discretion of the court.

Section 61-4-30. Beer or wine sold by wholesalers to the holders of retail licenses in this State must be sold for cash only at the time of delivery or prior to delivery. For purposes of this section, `cash' means money or a bona fide check, money order, or electronic transfer of funds if the transfer of funds is initiated by an irrevocable payment order on or before delivery of the beer or wine. The electronic transfer must be initiated by the wholesaler no later than one business day after delivery. A holder of a retail permit who issues a check or an irrevocable payment order in payment for beer or wine with insufficient funds at the bank to cover the check violates the provisions of this section. This provision for cash payment applies to cash deposits on empties when beer is delivered in returnable containers. This deposit on bottles or draft beer containers must not be less than the charge from the brewery to the wholesaler.

Section 61-4-40. A holder of a beer permit or a beer and wine permit may not purchase beer or wine, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for a first violation of this section. If a holder commits a second or subsequent violation, his retailer's permit may be suspended, canceled, or revoked by the department, or a monetary penalty of not more than twenty-five dollars may be assessed against him.

Section 61-4-50. (A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.

Section 61-4-60. It is unlawful for a person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine. A person who violates the provisions of this section, upon conviction, must be fined not less than fifty nor more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-4-70. A person engaged in the business of selling at retail beer or wine must post in each location for which he has obtained a permit a sign with the following words printed thereon: `The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor'. The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

A retail seller of beer or wine who fails to display the sign required by 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.

A person found guilty of a violation of Section 61-6-1530 and this section may not be sentenced under both sections for the same offense.

Section 61-4-80. It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on the premises. A person who violates this section must, upon conviction, be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days.

Section 61-4-90. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

The provisions of this section do not apply to a spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

Section 61-4-100. If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors), the minor must also be charged with a violation of Section 20-7-370 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-4-60 (false information as to age) or if an adult violated Section 61-4-80 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons must also be charged with their violations.

Unless the provisions of this section are complied with, no person charged with a violation of Section 61-4-50 may be convicted of the offense.

Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.

Section 61-4-110. It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving vehicle of any kind which is licensed to travel in this State or any other state and that may travel upon the public highways of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-4-120. It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors in minibottles is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict with this section are unenforceable.

Section 61-4-130. If beer or wine is sold or delivered to a person from a place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning, all beer and wine found in the place of business is contraband and must be seized by a peace officer and handled as contraband liquor. However, the person owning or claiming the beer or wine may retain possession of it by delivering to the peace officer a cash bond in an amount equal to the cost price of the beer or wine. The cost price must not be less than the average price charged for a like quantity of beer or wine by a licensed wholesaler. The peace officer receiving the bond must deliver a written receipt to the person posting the bond. If the peace officer is a representative of the division, the cash bond must be deposited with the State Treasurer. If the peace officer is a representative of a municipality, the cash bond must be deposited with the municipal treasurer. In all other cases, the cash bond must be deposited with the treasurer of the county in which the beer or wine was located when declared contraband. If the department or court determines that the person charged with the violation which required the posting of a bond was not guilty of the offense charged, the bond must be returned to the person posting the bond. If the person charged is found guilty, the bond must be forfeited to the State, county, or municipality, as the case may be.

Section 61-4-140. A person who drinks beer or wine or possesses beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at a place licensed to sell beer or wine is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-4-150. If beer or wine is sold to anyone by a person who does not have a valid license to make the sale, all beer and wine found on the premises of the person is contraband and must be seized by a peace officer and treated as contraband liquor.

Section 61-4-160. No person who holds a biennial permit to sell beer or wine for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer or wine may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.

A person found guilty of a violation of Section 61-6-4550 and this section may not be sentenced under both sections for the same offense.

Section 61-4-170. It is unlawful for a person, with or without a beer or wine permit, to sell or to offer for sale a beverage generally used as and for a soft drink rather than as a medicine or for cooking purposes having an alcoholic content, when the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. In addition, these beverages are contraband and must be seized by an authorized agent or inspector of the division, or by a peace officer, and disposed of in a manner provided for the disposition of unlawful alcoholic liquors.

Section 61-4-180. It is unlawful for a person to sell or otherwise introduce into commerce nonalcoholic and nonintoxicating beverages lawful under the provisions of this title, unless labeled in accordance with the provisions of the Federal Alcoholic Administration Act and rules and regulations promulgated thereunder. A violation of this section subjects the nonalcoholic and nonintoxicating beverages found in the possession of a person violating this section to seizure, confiscation, and sale, as provided in Section 61-6-4310.

Section 61-4-190. If a penalty imposed under this chapter remains due and unpaid for a period of ten days, the department must issue a warrant under its bond and official seal in accordance with Article 1 of Chapter 53 of Title 12.

Section 61-4-200. Notwithstanding any other provision of law, a holder of a retail permit to sell beer and wine may transfer beer and wine to other businesses. In order for this transfer to be lawful, all businesses involved in the transfer must hold a retail beer and wine permit issued to the same individual, partnership, or corporation. In addition, a particular brand of beer may be transferred only between retail stores located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the department pursuant to Section 61-4-1300. Transfers of beer and wine between retail beer and wine locations in a manner not authorized by this section, purchase of beer or wine by a retailer from another retailer for the purpose of resale, and sale of beer or wine by a retailer to a retailer for the purpose of resale are unlawful. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars.

Section 61-4-210. (A) A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a biennial retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by regulation of the department and:

(1) the applicant currently holds a valid beer or beer and wine permit; or

(2) the applicant has had a criminal history background check conducted by the division within the past thirty days.

(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a biennial retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer than one hundred twenty days.

(C) Notwithstanding subsection (B), the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining the biennial retail beer or beer and wine permit in a timely manner, as set forth by regulation of the department.

(D) The department must charge a fee of twenty-five dollars for each temporary beer or beer and wine permit. The funds generated by this fee must be deposited in the general fund of the State.

Section 61-4-220. A restaurant with a Class A or B license issued by the Department of Health and Environmental Control (DHEC) may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by DHEC and is placed on individual plates or in individual serving dishes inside the restaurant, and if uncovered containers in which the beverages are served are filled only to satisfy the order of a customer.

Section 61-4-230. A person who, upon demand of an officer or agent of the division:

(1) refuses to allow full inspection of the premises or any part of the premises which is licensed to sell beer or wine; or

(2) refuses to allow full inspection of the stocks and invoices of the licensee; or

(3) who prevents or in any way hinders an inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than sixty days, or both.

A person found guilty of a violation of Section 61-6-4190 and this section may not be sentenced under both sections for the same offense.

Section 61-4-240. Temporary permits for the possession, consumption, and sale of beer or wine may be issued pursuant to Sections 61-4-550, 61-6-500, 61-6-510, 61-6-2000, or 61-6-2010, as appropriate, and in accordance with these statutes.

Section 61-4-250. For violations of this chapter, or of Chapter 21 or 33 of Title 12, and for a violation of any regulation pertaining to beer or wine, the department may, in its discretion, impose a monetary penalty upon the holder of a beer or wine license in lieu of suspension or revocation.

In these cases, the amount of any penalty imposed must be determined within the limits prescribed in this section in each case by the department after a hearing as provided in the South Carolina Revenue Procedures Act and the Administrative Procedures Act. For these violations:

(1) retail beer and wine licensees are subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars; and

(2) wholesale beer and wine licensees are subject to a penalty of not less than one hundred dollars nor more than one thousand five hundred dollars.

The department in its discretion may suspend payment of a fine or a monetary penalty imposed under this section.

If the department imposes a monetary penalty under this section which is not paid or a contested case hearing requested within thirty days after demand by the department, the license or licenses may be suspended or revoked by the department.

Penalties provided for in this section are in addition to any fines and penalties imposed upon the licensees by any court of competent jurisdiction for violation of the laws of this State.

Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use.

Section 61-4-260. Except as otherwise provided in this chapter, all monies received by the department or the division under the provisions of this chapter must be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-4-270. In addition to the penalties provided in this chapter, the department may revoke the permit of a person failing to comply with any requirements hereof.

Section 61-4-300. `Producer' as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States.

Section 61-4-310. (A) A producer must apply to the department on forms the department prescribes for a certificate of registration, which must be approved and issued before the shipment of beer or wine by the producer to a point within the State. A producer, at the same time application is made for a certificate of registration, must remit to the department a fee of two hundred dollars.

(B) The department, in its discretion upon consideration of the information contained in the application for a certificate of registration, must issue or reject the application.

(C) A certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine wholesalers must purchase beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the department. Nothing in this section or Section 61-4-940 prohibits the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in the State to distribute the same brand or brands of wine, beer, or ale.

Section 61-4-320. A certificate of registration provided for in this article may be suspended or revoked by the department upon a showing of a violation of law or of a regulation.

Section 61-4-330. The department and the division have the right within statutory limitations to audit and examine the books and records, papers, and memoranda of a producer with respect to the administration and enforcement of laws administered by the department and the division.

Section 61-4-340. No person other than a registered producer may ship, move, or cause to be shipped or moved, beer, ale, porter, malt beverage, or wine from outside the State to a point in the State, and only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined, and it is unlawful for a wholesaler in this State to order, purchase, or receive beer, ale, porter, malt beverage, or wine from a producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term primary American source of supply means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, or bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section do not apply to a person who produces beer, ale, porter, malt beverage, or wine solely in this State and who subsequently ships or sells this beer, ale, porter, malt beverage, or wine solely in this State.

Section 61-4-350. Beer or wine shipped or moved into this State in violation of this chapter is contraband and may be seized and sold as provided in Section 61-6-4310.

Section 61-4-500. A person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-4-10 must apply to the department for a permit to sell these beverages. Each applicant must pay a filing fee of two hundred dollars which is not refundable. A retailer must pay to the department four hundred dollars biennially for a retail permit, and a wholesale dealer must pay to the department two thousand dollars biennially for a wholesale permit. A separate permit is required for each separate place of business.

A person who initially applies for a permit after the first day of a permit period must pay permit fees in accordance with the schedule provided in Section 61-6-1810(C).

Section 61-4-510. (A) In counties or municipalities where temporary permits may be issued pursuant to Section 61-6-2010, in lieu of the retail permit fee required pursuant to Section 61-4-500, a retailer 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. Revenue generated by the fees must be credited to the general fund of the State, except that revenue generated by the fees in a county where a federal military base or installation has been closed, or is designated to be closed and where the federal facility has reduced its permanent civilian employment by three thousand or more jobs after December 31, 1990, for a period of ten years after the effective date of Chapter 12 of Title 31, must be credited to a special separate and distinct account with the Budget and Control Board for support of a redevelopment authority created therein pursuant to Chapter 12 of Title 31. All other requirements for retail permits provided in Section 61-4-500 apply to the special permits authorized by this section.

(B) The special version of a retail beer and wine permit provided in subsection (A) may be issued in counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-6-2010 only after June 21, 1993. In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-6-2010 as of June 21, 1993, county or municipal election commissions must conduct a referendum upon petition, as provided in Section 61-6-2010, solely to determine if the special permits authorized in subsection (A) are approved. If approved pursuant to the referendum provided in this subsection or pursuant to Section 61-6-2010 after June 21, 1993, the special permits may be issued as provided in subsection (A).

Section 61-4-520. No permit authorizing the sale of beer or wine may be issued unless:

(1) The applicant, any partner or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.

(2) The retail applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.

(3) The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in the State for at least thirty days before the date of application or has been licensed previously under the laws of this State.

(4) The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.

(5) The applicant is twenty-one years of age or older.

(6) The location of the proposed place of business of the applicant is in the opinion of the department a proper one.

(7) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.

(8) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

(9) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of permit sought;

(b) state where an interested person may protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the division.

Section 61-4-530. In considering an application for a permit for the sale of beer or wine at a location within five miles of a political subdivision of another state in which the sale of beer or wine is prohibited, the department must, in addition to the factors required to be considered, consider the proximity of the location to the prohibited area, the likelihood that large crowds may gather from time to time with attendant breaches of the peace, the requirement of increased law enforcement officers, and any other factor which in its judgment should be considered before issuing the permit.

These special considerations, however, do not apply where the application is made with respect to a location within the corporate limits of a municipality.

Section 61-4-540. When a verified application is filed with the department and the department determines that (1) the requisite qualifications and conditions are met, (2) the applicant is a fit person to sell beer or wine, and (3) the location of the proposed place of business is a proper one, the department must issue a permit to the applicant to sell beer or wine on the premises described in the application upon the payment of the fee prescribed by law. A misstatement or concealment of fact in an application is a sufficient ground for the revocation of the permit.

The department may, in those cases where it considers necessary, require an applicant to post a cash bond or surety bond with a bonding company approved by the Department of Insurance as an additional condition for a permit. The bond must be in an amount as determined by the department and is subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine.

Section 61-4-550. The department may issue permits running for a period not exceeding fifteen days for a fee of ten dollars per day. Such special permits shall be issued only for locations at fairs and special functions.

Section 61-4-560. A person who operates a retail or wholesale business without obtaining a permit required in this article is guilty of a misdemeanor and, upon conviction, is subject to a fine of not less than ten dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days, in the discretion of the court. Each day that a wholesale or retail business is carried on without a permit constitutes a separate offense.

Section 61-4-570. Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors in minibottles may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises.

Section 61-4-580. No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:

(1) sell beer or wine to a person under twenty-one years of age;

(2) sell beer or wine to an intoxicated person;

(3) permit gambling or games of chance;

(4) permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;

(5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; or

(6) sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State.

A violation of any provision of this section is a ground for the revocation or suspension of the holder's permit.

Section 61-4-590. The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the administrative law judge division shall not be automatically superseded or stayed by the filing of a petition for judicial review.

Section 61-4-600. Upon the revocation, cancellation, or suspension of a license or permit to sell beer or wine at wholesale or retail, the licensee must immediately surrender his license to the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both, in the discretion of the court.

Section 61-4-610. It is unlawful for a licensee to sell beer or wine at wholesale or retail, to sell or offer to sell beer or wine after the license has been revoked or canceled, or during the period of a suspension of the license. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both, in the discretion of the court.

Section 61-4-700. 27 Code of Federal Regulations part 4, relating to `Labeling and Advertising of Wine', is adopted for the labeling and advertising of wine sold or offered for sale in this State, except insofar as 27 Code of Federal Regulations part 4 differs from laws of the State or from regulations of the department.

Section 61-4-710. It is unlawful for a person to import, sell, or offer for sale in this State wines of which the labels, standards, or identity do not conform to the provisions of 27 Code of Federal Regulations part 4. Imitation, concentrate, and substandard wines, as defined in 27 Code of Federal Regulations part 4, are prohibited from sale in this State.

Section 61-4-720. Notwithstanding any other provision of law, a licensed winery in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell the domestic wine with an alcoholic content of fourteen percent or less on the winery premises and deliver or ship this wine to consumer homes in or outside the State. These domestic wineries are authorized to provide without cost wine taste samples to prospective customers.

Section 61-4-730. Permitted wineries which produce and sell only domestic wine as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in the State. Domestic wine must be delivered between 7:00 a.m. and 7:00 p.m.

Section 61-4-740. A person may order wine produced outside this State which has not been approved or licensed for sale or distribution in this State from an in-state wholesaler by placing a special order for this wine with the out-of-state winery. The wine may then be shipped by the winery to that wholesaler who, after paying the necessary taxes, is authorized to sell this wine to that person through a licensed retailer.

Section 61-4-750. The importation into, offering for sale, or sale in this State of a product as `wine' to which any substance has been added, except as authorized by federal law and regulations and except pure fruit or vegetable products derived from the same kind of fruit or vegetable from the juice of which the wine was fermented, is prohibited and is a misdemeanor.

Section 61-4-760. The division must provide for the inspection of all wines imported into or offered for sale in this State. The expense of the inspections must be paid from the proceeds of the wine tax. The department may make regulations as to the containers in which wine may be sold at retail and to declare to be `undesirable wine packages' wine sold in a container prohibited in the regulations or wine, the sale of which is prohibited in Sections 61-4-710 or 61-4-750. The offering for sale or sale in this State of undesirable wine packages under this section is prohibited and is a misdemeanor.

Section 61-4-770. Wines containing more than fourteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles.

Section 61-4-780. A person who violates any provision of this article or any rule or regulation promulgated by the department or the division under this article, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. In addition to the punishment specified in this section, the person must forfeit his permit to sell wine and is not, for a period of two years thereafter, authorized to engage in a business taxable under the provisions of this chapter.

Section 61-4-900. The retail permit issued by the department must be conspicuously posted on the premises.

Section 61-4-910. A person who violates any provision of this article is guilty of a misdemeanor and, upon conviction, is subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment of not less than ten days nor more than thirty days, in the discretion of the court. In addition to the punishment specified in this section, the department may revoke or suspend a retail permit for a violation of this article.

Section 61-4-920. The department must revoke or suspend the license, permit, or brewer's certificate of approval of a person for the violation of any rule or regulation or invoke a penalty not to exceed one hundred dollars for each violation.

Section 61-4-930. It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer. However, a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates.

Section 61-4-940. (A) A manufacturer or brewer of beer, ale, porter, or other malt beverages or a person who imports these products produced outside the United States must not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a wholesale permit issued under Section 61-4-500, and a holder of a wholesale permit must not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a retail or wholesale permit.

(B) Except as provided in subsection (C), a manufacturer, brewer, importer, or wholesaler of beer, or a person acting on his behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free beer, or service. The holder of a retail permit, or a person acting on his behalf, must not accept, directly or indirectly, any equipment, fixtures, free beer, or service referred to in this subsection from a manufacturer, brewer, importer, or wholesaler of beer, except as provided in subsection (C).

(C) A wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler may also furnish the following services to a retailer: cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays.

(D) A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. A person or an entity in the beer business on one tier, or a person acting directly or indirectly on his behalf, may not have ownership or financial interest in the beer business operation on another tier. This limitation does not apply to the interest held on July 1, 1980, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business.

(E) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all customers.

(F) No person or entity in the beer business on one tier may require a person or entity in the beer business on another tier to advertise or participate in a discount or special promotion.

Section 61-4-950. Neither the department nor the division has the authority to regulate the size, type, or number of beer signs displayed on the premises of a beer retailer or wholesaler.

Section 61-4-1100. (1) It is unlawful for a producer who holds a certificate of registration from the department (hereinafter `registered producer') or an officer, agent, or representative of a registered producer:

(a) to coerce, attempt to coerce, or persuade a person holding a permit to sell beer, ale, porter, and other similar malt or fermented beverages at wholesale (hereinafter `beer wholesaler') to enter into an agreement to take any action which would violate a provision of this article or any ruling or regulation in accordance therewith; or

(b) to unfairly, without due regard to the equities of the beer wholesaler or without just cause or provocation, cancel or terminate a written or oral agreement or contract, franchise, or contractual franchise relationship of the wholesaler existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; this provision is a part of a contractual franchise relationship, written or oral, between a beer wholesaler and a registered producer doing business with the beer wholesaler, just as though the provision had been specifically agreed upon between the beer wholesaler and the registered producer. However, notice of intention to cancel the agreement or contract, written or oral, franchise, or contractual franchise relationship must be given in writing at least sixty days before the date of the proposed cancellation or termination. The notice must contain (i) assurance that the agreement or contract, written or oral, franchise, or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, franchise, or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation.

(2) It is unlawful for a beer wholesaler:

(a) to enter into an agreement or take any action which would violate or tend to violate a provision of this article or any rule or regulation promulgated pursuant thereto;

(b) to unfairly, without due regard for the equities of a registered producer or without just cause or provocation, cancel or terminate a written or oral agreement or contract, franchise, or contractual franchise relationship of the registered producer existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; this provision becomes a part of a contractual franchise relationship, written or oral, between a beer wholesaler and a registered producer doing business with the beer wholesaler, just as though this provision had been specifically agreed upon between the beer wholesaler and the registered producer. However, notice of intention to cancel the agreement or contract, written or oral, franchise, or contractual franchise relationship must be given in writing at least sixty days prior to the date of the proposed cancellation or termination. The notice must contain (i) assurance that the agreement or contract, written or oral, franchise, or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement or contract, written or oral, franchise, or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation;

(c) to refuse to sell to a licensed retailer whose place of business is within the geographical limits specified in a distributorship agreement between the beer wholesaler and the registered producer for the brands involved; or

(d) to store or warehouse beer or other malt beverages to be sold in the State in a warehouse located outside the State.

Section 61-4-1110. If a registered producer and a beer wholesaler licensed by the State at the time that they were engaged in the shipment and receipt of malt beverages intended for sale in the State on May 1, 1974, and the shipment and receipt is continued until April 1, 1974, the limitations on the cancellation or termination of an agreement or contract, written or oral, franchise, or contractual franchise relationship provided in Section 61-4-1100(1)(b) and in Section 61-4-1100(2)(b) are applicable with respect to the shipment and receipt of the malt beverages, so that neither the registered producer nor the beer wholesaler has the right to discontinue the shipment and receipt except under the conditions specified in those subsections.

Section 61-4-1120. The court of common pleas has jurisdiction and power to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered producer upon the application of a beer wholesaler or producer who is or might be adversely affected by the cancellation or termination; and in granting an injunction, the court must make provisions necessary to protect the beer wholesaler or registered producer while the injunction is in effect including, but not limited to, a provision that the registered producer must not supply the customers of the beer wholesaler by servicing the customers through other distributors or means or a provision that the beer wholesaler must continue to supply to his customers the products of the registered producer. Application may be made by the beer wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond to be posted by the party seeking the injunction, securing the party enjoined for damages in an amount in the court's discretion.

Section 61-4-1130. (1) Except as hereinafter provided, a proposed sale of an interest in the business carried on by a beer wholesaler which under the laws of this State would require that the purchaser obtain a permit to operate as a beer wholesaler is subject to the department's approval of the purchaser as an applicant for a permit authorizing the sale of beer. If the application of the prospective purchaser for the permit is approved, it is unlawful, notwithstanding the terms, provisions, or conditions of a written or oral contract or the franchise agreement between the beer wholesaler and the registered producer, for a registered producer to fail or refuse to approve the transfer or change of ownership.

(2) Except as hereinafter provided, a proposed voluntary transfer of an interest in the business carried on by a beer wholesaler or a transfer of ownership in the business by reason of death is subject to the registered producer's approval of the prospective transferee. This approval must not be unreasonably withheld. If the registered producer does not give notice of disapproval by certified mail within sixty days after receipt of notification of the proposed voluntary transfer or within sixty days after the death of the owner of the interest, the right of disapproval may not thereafter be exercised.

Section 61-4-1140. The division is empowered to investigate violations of this article and to furnish to the prosecuting attorney of a court having jurisdiction of the offense information with respect to violations of this article. The division has the power to enforce compliance with the provisions of an injunction granted by the court under the terms of this article; and if the court finds that there has been a violation of the provisions of an injunction granted by it, the department may revoke or suspend the permit of a beer wholesaler and may revoke the registration of a registered producer and its right to ship beer into the State.

Section 61-4-1300. Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution and to promote the public's interest in fair and efficient distribution of beer, ale, porter, and other similar malt or fermented beverages, and to ensure the public's interest in uniform and effective control of the distribution of these beverage products in the State, a wholesaler may sell any brand of these beverage products in this State only in the territory described in a distribution agreement filed pursuant to this article authorizing sale by the wholesaler of the brand in that designated area. Within that designated area, the wholesaler must service all holders of retail permits without discrimination. The distribution agreement must be in writing, must specify the brands it covers, and must be filed with the department. If a brewer sells more than one brand, the agreement need not apply to all brands sold by the brewer and may apply to only one brand. No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or any part of the designated territory. However, a wholesaler may, upon approval of the department, service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when requested by the brewer and the wholesaler whose service is temporarily interrupted.

Section 61-4-1310. A wholesaler must file (1) a copy of its distribution agreement with the department within sixty days after its adoption, and (2) any amendments to the agreement within sixty days after their adoption.

Section 61-4-1320. No provision of a distribution agreement may expressly, by implication, or in its operation establish or maintain the resale price of any brand of these beverage products by a wholesaler.

Section 61-4-1500. A person may construct, maintain, or operate a brewery or winery in this State for the production of any beverage lawful under this chapter.

Section 61-4-1510. Before a person constructs, maintains, or operates a brewery or winery under this article, the person must apply to the department for a permit. The application must be in writing in a form the department prescribes. Except as otherwise provided in this section, the applicant must pay a biennial permit tax of two hundred dollars upon each brewery and on each commercial winery to be established and operated. The permit tax must be paid to and collected by the department before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises must pay a permit fee of ten dollars biennially. Permits under this section expire December biennially. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer who begins business during one of these intervals must pay for the eighth of the permit period in which business is begun and for the eighth of the permit period during the remainder of the period. No refund may be made to a dealer who ceases business after obtaining a permit.

Section 61-4-1520. Upon violation of a rule or regulation for the operation of breweries and commercial wineries authorized under this article, the license or permit provided for herein must be canceled immediately and becomes null and void.

Section 61-4-1530. A person who operates a brewery or winery without a permit or after his permit has been canceled by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five thousand dollars or imprisoned not more than one year, or both.

Section 61-4-1540. For the purpose of administration and enforcement of this article, the provisions of Chapter 21 of Title 12, when applicable, are adopted and made a part of this article.

Section 61-4-1700. For purposes of this article:

(1) `Brewpub' means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two thousand barrels a year of beer for sale on the premises.

(2) `Permitted premises' means those areas normally used by the permittee or licensee to conduct his business and includes, but is not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

(3) `Person' means an individual, partnership, corporation, or other form of business organization.

Section 61-4-1710. The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.

Section 61-4-1720. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises in minibottles requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title.

Section 61-4-1730. Beer brewed on a permitted premises under this article must be taxed as provided in Article 7 of Chapter 21 of Title 12. The permittee must maintain adequate records as determined by the department to ensure the collection of this tax.

Section 61-4-1740. A brewpub permit authorizes the holder to:

(1) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:

(a) on draft for consumption on the premises;

(b) in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and

(c) in bottles for consumption by the purchaser off the premises;

(2) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-4-940;

(3) serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquors on the premises to be issued.

Section 61-4-1750. No person holding a brewpub permit may sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other retail food establishments.

Section 61-4-1760. No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location.

Section 61-4-1770. The department may suspend or revoke the permit or license of a person who violates the provisions of this article.

Section 61-6-10. This chapter is known and may be cited as `The Alcoholic Beverage Control Act' (ABC Act).

Section 61-6-20. As used in the ABC Act, unless the context clearly requires otherwise:

(1) `Alcoholic liquors' or `alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture thereof by whatever name called or known which contains alcohol and is used as a beverage, but does not include:

(a) wine when manufactured or made for home consumption and which is not sold by the maker thereof or by another person; or

(b) a beverage declared by statute to be nonalcoholic or nonintoxicating;

(2) `Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Class A restaurant license prior to issuance of a license under Article 5 of this chapter, and in addition provides facilities for seating not less than forty persons simultaneously at tables for the service of meals.

(3) `Manufacturer' means a person operating a plant or place of business in this State for distilling, rectifying, brewing, fermenting, blending, or bottling alcoholic liquors.

(4) `Furnishing lodging' means those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms.

(5) `Minibottle' means a sealed container of two ounces or less of alcoholic liquor.

(6) `Nonprofit organization' means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes.

(7) `Producer', as used in the ABC Act, means a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and includes an importer of alcoholic liquors engaged in importing alcoholic liquors into the United States.

(8) `Producer representative' means a person who is a citizen of this State, who maintains his principal place of abode in this State, and who is registered with the department pursuant to Article 7 of this chapter as the South Carolina representative of a registered producer.

(9) `Registered producer' means a producer who is registered with the department pursuant to Article 7 of this chapter.

(10) `Retail dealer' means a holder of a license issued under the provisions of Article 3 of this chapter, other than a manufacturer or wholesaler.

(11) `Wholesaler' means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer in the State alcoholic liquors for resale.

Section 61-6-30. No provision in the ABC Act applies to alcohol intended for use in the manufacture and sale of any of the following when they are unfit for beverage purposes:

(1) denatured alcohol produced and used pursuant to acts of Congress and regulations promulgated thereunder;

(2) patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet preparations;

(3) flavoring extracts, syrups, and food products; and

(4) scientific, chemical, mechanical, and industrial products.

A person who knowingly sells any product enumerated in items (1), (2), (3), or (4) for beverage purposes is guilty of a misdemeanor and, upon conviction, is subject to a fine of not more than two hundred dollars or imprisonment of not more than sixty days, or both. No provision of the ABC Act applies to ethyl alcohol intended for use by hospitals, colleges, governmental agencies, or other permittees entitled to obtain this alcohol tax free, as provided by acts of Congress and regulations promulgated thereunder.

Section 61-6-40. The ABC Act is declared to be complementary to and not in conflict with the laws providing for the lawful sale of beers, wines, and other vinous, fermented, or malt liquors.

Section 61-6-50. The wilful violation of any rule or regulation made under the provisions of the ABC Act constitutes a violation of the act.

Section 61-6-60. The division may employ inspectors or agents necessary for the proper administration and enforcement of the provisions of the ABC Act. The salaries of these inspectors or agents must be fixed by the division. The Governor shall commission as state constables inspectors or agents as are certified by the division in order that they have adequate authority as peace officers to enforce these provisions. An inspector or agent must, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 2 of the Constitution of South Carolina, and any additional oath required by law, and must give bond payable to the State in a form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company authorized to do business in this State and approved by the division, conditioned upon the faithful discharge of his duties. The bonds must be filed with and preserved by the Secretary of State.

Section 61-6-70. The department and the division may, in their discretion, employ clerical, stenographic, and other personnel, including chemists, necessary to administer the ABC Act, and may prescribe their duties and fix their compensation. The department or the division may require any employee to furnish bond conditioned upon the faithful performance of his duty. The bond must be filed with and preserved by the department or the division.

Section 61-6-80. The department and the division must file annually with the Governor and the General Assembly their annual reports as of June thirtieth of each year, and must report to the Governor on their affairs generally or on special matters as often as he requires.

Section 61-6-100. Except as otherwise provided, the department has sole and exclusive power to suspend and revoke all licenses provided for in the ABC Act. The department may issue, subject to revocation, the following licenses under this article:

(1) manufacturers' licenses which authorize the licensees to manufacture alcoholic liquors and to sell and deliver or ship them, in accordance with regulations, in bottles or in similar closed containers to a person in this State who has a wholesaler's license issued under this article, and in barrels, bottles, or other closed containers to persons outside this State. However, no deliveries or shipments may be made into another state whose laws prohibit the consignee from receiving or selling alcoholic liquors;

(2) wholesalers' licenses which authorize the licensees to purchase, store, keep, possess, import into this State, transport, sell, and deliver alcoholic liquors in bottles or similar closed containers, in accordance with regulations, to a person having a manufacturer's or retail dealer's license issued under this article; and

(3) retail dealers' licenses which authorize the licensees to purchase alcoholic liquors from wholesalers having licenses issued under this article, and to store, keep, possess, and sell alcoholic liquors at retail for consumption in compliance with the provisions of the ABC Act and regulations not in conflict herewith.

Section 61-6-110. Unless the department in its discretion otherwise orders, no person is eligible for a license under this article or Article 7 of this chapter if he or the person who will have actual control and management of the business proposed to be operated:

(1) is less than twenty-one years of age;

(2) is not a legal resident of the United States and has not been a resident of South Carolina for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date;

(3) is not of good repute; or

(4) has had a license under this or another statute regulating the manufacture or sale of alcoholic liquors which has been revoked within five years preceding the filing of the application.

Section 61-6-120. The department must not issue a license provided for in this article or Article 7 of this chapter if the place of business is within three hundred feet of a church, school, or playground situated within a municipality or within five hundred feet of a church, school, or playground situated outside a municipality. The distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground, which are defined as follows:

(1) `Church' means an establishment, other than a private dwelling, where religious services are usually conducted;

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

(3) `Playground' means a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

These restrictions do not apply to the renewal of licenses existing on July 10, 1960, or to locations existing on that date.

Section 61-6-130. No license may be issued to more than one member of a household in this State.

Section 61-6-140. No more than three retail dealer licenses may be issued to one licensee, and the licensee must be eligible for a license for each store pursuant to Section 61-6-110.

No more than three retail dealer licenses may be issued for the use of one corporation, association, partnership, or limited partnership. A corporation having the use of a retail dealer license that is owned by another corporation is considered to be holding the retail dealer license for the use of the owning corporation.

Section 61-6-150. No person, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the second degree, may have any interest whatsoever in a retail liquor store licensed under this section except the three stores covered by his retail dealer's licenses, as provided for in Section 61-6-140. The prohibitions in this section do not apply to a person having an interest in retail liquor stores on July 1, 1978.

Section 61-6-160. The department may, in its discretion, after investigation by the division, license retail dealers in unincorporated towns and communities when it would be to the interest of the unincorporated town or community to have a licensed retail dealer therein. However, the department may not license a retail dealer in any locality unless the department determines that the locality is under proper police protection.

Section 61-6-170. The department may, in its discretion, limit the further issuance of retail dealer licenses in a political subdivision if it determines that the citizens who desire to purchase alcoholic liquors therein are more than adequately served because of (1) the number of existing retail stores, (2) the location of the stores within the subdivision, or (3) other reasons.

Section 61-6-180. (A) A person who intends to apply for a license under this article or Article 7 of this chapter must advertise at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.

(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(1) state the type of license sought;

(2) state where an interested person may protest the application;

(3) be in bold type;

(4) cover a space at least eleven inches wide and eight and one-half inches high; and

(5) be posted and removed by an agent of the division.

The provisions of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for a renewal of his license to engage in the same business at the same location.

Section 61-6-190. The department must not issue any license until the applicant has paid the license tax required by Chapter 33 of Title 12.

Section 61-6-300. A person upon whose application for a manufacturer's or retail dealer's liquor license the department has acted favorably must, within ten days from the date he receives notice of the action, either (a) file with the department a bond payable to the State in a form approved by the department, in the penal sum of two thousand dollars with some surety or guaranty company authorized to do business in the State and approved by the department, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all license taxes provided in Chapter 33 of Title 12; or (b) deposit cash with the State Treasurer in the amount of two thousand dollars or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of two thousand dollars, which deposit must be made upon the same condition as that required to be set forth in the bond.

Section 61-6-310. A person upon whose application for a wholesaler's license the department has acted favorably must, within ten days from the date he receives notice of favorable action by the department, either (a) file with the department a bond payable to the State in a form approved by the department, in a penal sum which the department determines to be sufficient to protect the interests of the State, but in no case to exceed five hundred thousand dollars, with some surety or guaranty company authorized to do business in this State and approved by the department, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all taxes imposed by Chapter 33 of Title 12; or (b) deposit cash with the State Treasurer in the amount of the bond or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of the bond. The deposit must be made upon the same condition as that required in the bond and must be held by the State Treasurer without interest.

Section 61-6-320. A violation of any provision of the ABC Act or of Chapter 33 of Title 12 by the licensee, his agents, or servants constitutes a breach of the condition of the bond filed or the deposit made by the licensee under this article. Forfeiture of the bond or deposit is in addition to other penalties or punishment provided in the ABC Act.

Section 61-6-330. If the department finds that the condition of the bond filed or deposit made by a licensee under this article has been broken, the department must bring an action in its name in the county in which the business of the licensee is or was located and operated to recover the amount of the bond. The action must be against the licensee and his surety if the licensee filed a bond and must be against the licensee only if he deposited cash or securities.

Section 61-6-340. The cash deposited by the licensee must be applied by the State Treasurer in payment of the judgment recovered against the licensee. If securities were deposited by the licensee, the State Treasurer must, after fifteen days' advertisement, sell the securities at public auction and apply the proceeds of the sale to the payment of the judgment recovered against the licensee, paying over to the licensee any amount remaining.

Section 61-6-350. The amounts received by the department or by the State Treasurer from the collection and payment of judgments recovered under this article must be deposited with the State Treasurer to be disposed of in the manner provided in Chapter 33 of Title 12 for the disposition of license taxes collected under that chapter.

Section 61-6-500. Notwithstanding any other provision of law, a permit not to exceed seventy-two hours to allow the possession and consumption of alcoholic liquors must be issued upon request to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. This permit is for the benefit of any person leasing or otherwise lawfully using the subject premises.

Section 61-6-510. The department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations that have been in existence and operating for at least twelve months before the date of application, to nonprofit educational foundations, and to political parties and their affiliates duly certified by the Secretary of State. The department must charge a nonrefundable filing fee of thirty-five dollars for processing each application. The department in its discretion must specify the terms and conditions of the permit. For purposes of this section, `nonprofit organization' means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes.

Section 61-6-700. An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department under this title must be revoked.

The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors in minibottles under Article 5 of this chapter. Establishments so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section if only liquors in minibottles are used in the food preparation.

Section 61-6-900. In the event of a licensee's death, except in the case of a license issued to more than one person, the personal representative of the deceased licensee may, with the consent of the probate court and upon permit of the department, continue the operation of the business covered by the license. If the personal representative elects to discontinue the business or if the department does not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which the license was issued, must be refunded to the personal representative. Alcoholic liquors of the deceased which are subject to the control of the personal representative may be sold by him as provided in Section 61-6-950.

Section 61-6-910. The department must refuse to issue any license under this article or Article 7 of this chapter if the department is of the opinion that:

(1) the applicant is not a suitable person to be so licensed;

(2) the store or place of business to be occupied by the applicant is not a suitable place; or

(3) a sufficient number of licenses have already been issued in the State, incorporated municipality, unincorporated community, or other community.

Section 61-6-920. The department may suspend or revoke a license issued under this article or Article 7 of this chapter if it determines that:

(1) the licensee is not a suitable person to hold the license; or

(2) the store or place of business occupied by the licensee is not a suitable place.

Section 61-6-930. The department must revoke the license of a wholesaler if proof is obtained that the wholesaler has a direct or an indirect interest in a retail store.

Section 61-6-940. The department must immediately revoke a retail license to sell alcoholic liquors if the licensee or an officer of the licensee is, during the effective period of the license, indebted to a wholesaler licensed by the department, except an indebtedness for current purchases of alcoholic liquors which are not past due.

Section 61-6-950. Alcoholic liquors owned by or in possession of a licensee for sale at the time the license is suspended or revoked or otherwise terminated may, upon the issuance by the department of a permit, within the time fixed in the permit, and upon those conditions as the department specifies, be sold by the licensee to licensed manufacturers, wholesalers, or retail dealers or may, upon a permit issued by the department and within the time fixed in the permit, be sold to persons outside this State for resale outside the State. However, no deliveries or shipments may be made into another state whose laws prohibit the consignee from receiving or selling alcoholic liquors. The time fixed by the department in a permit under this section must not be less than sixty days.

Section 61-6-1100. No manufacturer may own or operate more than one plant, establishment, or place of business for the manufacture of alcoholic liquors in any one county of this State, nor may he permit the drinking of alcoholic liquors on his premises.

Section 61-6-1300. No wholesaler may:

(1) sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;

(2) permit the drinking of alcoholic liquors on his premises;

(3) condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;

(4) sell alcoholic liquors between the times of sundown and sunrise;

(5) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;

(6) directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or

(7) redeem proof-of-purchase certificates for any promotional item.

Section 61-6-1310. A wholesaler must, for the purpose of conducting his business under his wholesaler's license, maintain a separate store or warehouse and no other goods, wares, or merchandise except nonalcoholic beverages may be kept or stored therein. No place of amusement may be maintained in the place or in the same building or in connection therewith.

Section 61-6-1320. A wholesaler must file with the department, on or before the first day of each month, a statement showing the stock of alcoholic liquors received by him during the preceding thirty days, and additional reports the department requires.

Section 61-6-1500. No retail dealer may:

(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two hundred milliliters;

(2) own or keep in his possession alcoholic liquors in separate containers containing less than two hundred milliliters;

(3) sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors (a) between the hours of 7:00 p.m. and 9:00 a.m.; (b) for consumption on the premises; (c) to a person under twenty-one years of age; (d) to an intoxicated person; or (e) to a mentally incompetent person;

(4) permit the drinking of alcoholic liquors in his store or place of business;

(5) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(6) redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

The provisions of this section relating to quantities of less than two hundred milliliters do not apply to (1) minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption or (2) minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section to refill a minibottle. A person who violates this provision must, upon conviction, have his license revoked permanently.

A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

It is unlawful to sell minibottles except during lawful hours of operation.

A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph, `a person licensed under Article 5 of this chapter' includes his designated agent as a purchaser.

Section 61-6-1510. A retail dealer must maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building, except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.

Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.

A sign not to exceed thirty-six inches in diameter may be attached to the front of the building or may be suspended from the front of the building. The words `ABC Package Store', the owner's name, and license number may appear on the sign. Letters must be white with a red background, must be no more than six inches high, and must be no more than four inches wide. A retail dealer may attach to his store one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words `ABC Package Store' in black letters. No other letters or symbols may be placed on this sign.

Retail dealers may place signs containing the words `ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory.

A retail dealer may place one sign not exceeding three feet by three feet off his licensed premises. This sign may only be white, and may only contain the words `ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.

A retail dealer may place a reasonable number of signs on his licensed premises indicating the designated parking for his licensed premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.

Except as provided in Sections 61-6-1520 and 61-6-1530, signs by retail dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.

Section 61-6-1520. A retail dealer must display retail prices on the shelf under each brand and bottle size. No bottles of alcoholic liquors or no packages containing alcoholic liquors may be displayed in the front or windows of the store or place of business of a retail dealer. However, a retail dealer may display signs in the store or place of business with the price and bottle size in letters of any size. These signs must not be visible from outside the store or place of business.

Section 61-6-1530. A retail dealer must have posted in his place of business signs with the following words printed thereon:

(1) `The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor'. The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

A retail seller of alcoholic liquors who fails to display this sign 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. A person found guilty of a violation of Section 61-4-70 and this subsection may not be sentenced under both Section 61-4-70 and this subsection for the same offense.

(2) `A person may transport alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport alcoholic liquors in a motor vehicle, except in the luggage compartment or cargo area'. The size of the lettering and approved locations on the retail dealer's premises must be provided for by rules and regulations of the department.

Section 61-6-1540. (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 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. Retail dealers also may sell 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.

(B) Retail dealers licensed under the ABC Act may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen percent of alcohol by volume may be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in minibottles. The provisions of this section must not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement of these taxes.

Section 61-6-1550. The restrictive provisions of this article relating to retail dealers do not apply to sales of alcoholic liquors by railroad, Pullman, or airline companies to passengers on interstate trains or aircraft for consumption thereon; and to this end, these sales are permitted.

Section 61-6-1600. Nonprofit organizations which are licensed by the department under this article may sell alcoholic liquors in minibottles. Members or guests of members of these organizations may consume alcoholic liquors sold in minibottles upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.

Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and consume alcoholic liquors sold in minibottles in a business establishment between the hours of ten o'clock in the morning and two o'clock the following morning if the establishment meets the following requirements:

(1) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and

(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors, which is conspicuously displayed on the main entrance to the premises and clearly visible from the outside.

(B) Notwithstanding any other provision of this article, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic liquors in minibottles do not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in the area.

(C) An establishment licensed under this article may use alcoholic liquors in the preparation of food without obtaining the license provided for in Section 61-6-700 if only liquors in minibottles are used in the food preparation.

Section 61-6-1620. (A) This article must not be construed to authorize the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.

(B) Alcoholic liquors may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.

Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized to be sold under this article must be purchased only by a person licensed under this article, in case lots, and only from licensed retail dealers. As used in this section, `a person licensed under this article' includes his designated agent as a purchaser.

(B) No person licensed under the provisions of this article may be licensed as a retail dealer on the same premises.

Section 61-6-1800. No person, corporation, or organization for whose premises a license is required pursuant to subarticle 1 of this article may knowingly allow the possession or consumption of alcoholic liquors upon the premises unless a valid license issued pursuant to Section 61-6-1820 has been obtained and is properly displayed.

Section 61-6-1810. (A) A person making application for a license under subarticle 1 of this article must submit his application to the department. The applicant must pay a nonrefundable filing fee of one hundred dollars which must accompany the initial application for each location. The department has exclusive authority in issuing, renewing, suspending, or revoking a license pursuant to the provisions of this article.

(B) Applications for licenses must also be accompanied by appropriate license fees payable to the department. License fees must be deposited with the State Treasurer or are refundable if a license is not issued. The schedule of fees for the license is:

(1) one thousand, five hundred dollars biennially for a nonprofit organization, as defined in Section 61-6-20(6);

(2) one thousand, five hundred dollars biennially for a business establishment, as described in Section 61-6-1610.

(C) A person who initially applies for a license after the first day of a license period must pay license fees in accordance with the schedule provided in this subsection. During the:

(1) first quarter of the license period: the entire fee;

(2) second quarter of the license period: three-fourths of the prescribed fee;

(3) third quarter of the license period: one-half of the prescribed fee;

(4) final quarter of the license year: one-fourth of the prescribed fee.

Section 61-6-1820. The department may issue a license under subarticle 1 of this article upon finding:

(1) The applicant is a bona fide nonprofit organization or the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging.

(2) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community, and its principals are of good moral character.

(3) As to business establishments or locations established after November 7, 1962, Section 61-6-120 has been complied with.

(4) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the department.

(5) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of license sought;

(b) state where an interested person may protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the division.

(6) The applicant is twenty-one years of age or older.

(7) The applicant is a legal resident of the United States, has been a resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in this State for at least thirty days before the date of application.

(8) The applicant has not been convicted of a felony within ten years of the date of application.

Upon the written request of a person who resides in the county where the license is requested to be issued, the department must not issue the license until interested persons have been given an opportunity to be heard.

Section 61-6-1830. The department may suspend, revoke, or refuse to renew a license issued pursuant to subarticle 1 of this article upon finding that:

(1) the applicant no longer meets the requirements of Section 61-6-1820; or

(2) the applicant has violated since the issuance of the license any regulation; or

(3) the applicant has violated since the issuance of the license any provision of the ABC Act; or

(4) the applicant permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering.

Section 61-6-2000. In addition to the minibottle licenses authorized under subarticle 1 of this article, the department may also issue a temporary license for a period not to exceed twenty-four hours to nonprofit organizations which authorizes these organizations to purchase and sell at a single social occasion alcoholic liquors in minibottles. Notwithstanding any other provision of this article, the issuance of this permit authorizes the organization to purchase alcoholic liquors in minibottles from licensed retail dealers in the same manner that persons with biennial minibottle licenses are authorized to make these purchases. The fee for the permit is thirty-five dollars payable at the time of application. The permit application must include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they are to be sold. The issuance or nonissuance of permits authorized under this section is within the sole discretion of the department.

Section 61-6-2010. The department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in minibottles. 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 must 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 permit fees must be credited to the general fund of the State. The department must specify the terms and conditions of the permit.

Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, must conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission must publish a notice in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws apply to the referendum, mutatis mutandis. The election commission must publish the results of the referendum and certify them to the department. The question on the ballot must read substantially as follows:

`Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in minibottles to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales'?

A referendum for this purpose may not be held more often than once in forty-eight months.

The expenses of a referendum under this section must be paid by the county or municipality conducting the referendum.

Section 61-6-2200. No person may serve or deliver to a purchaser alcoholic liquors in minibottles in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.

Section 61-6-2210. The purchaser must break the seal of a minibottle unless the seller breaks the seal in the presence of the purchaser and delivers the container.

Section 61-6-2220. No person or establishment licensed to sell alcoholic beverages pursuant to this article may sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.

Section 61-6-2400. Alcoholic liquors sold in minibottles must be taxed pursuant to Chapter 33 of Title 12.

Section 61-6-2410. A restaurant with a Class A license issued by the Department of Health and Environmental Control (DHEC) may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by DHEC and is placed on individual plates or in individual serving dishes inside the restaurant, and if uncovered containers in which the beverages are served are filled only to satisfy the order of a customer.

Section 61-6-2420. This article does not authorize a Class B Restaurant to sell, dispense, barter, or trade in minibottles. The law controlling Class B Restaurants in reference to the sale or dispensing of alcoholic liquors is not affected in any manner.

Section 61-6-2600. A person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions thereof 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. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises alcoholic liquors in containers other than minibottles, except wine as authorized for sale under Section 61-6-1540(B), or who displays minibottles when the seals are broken or who violates any other provision of this article must:

(1) for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2) for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3) for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently;

(4) for a violation involving the avoidance of taxes, a fine of not less than one thousand dollars and permanent revocation of his license.

Section 61-6-2610. A person, corporation, or organization who has in its possession, custody, or within its control alcoholic liquors which are handled, stored, kept, possessed, transported, used, or distributed in violation of any provision of the ABC Act or with the design of avoiding payment of license taxes provided in Chapter 33 of Title 12, or other taxes must be required to pay a penalty of twenty dollars per container to be assessed by the department as other taxes are collected. The department may, upon good cause shown, remit any penalties provided in this section in whole or in part. In addition, these alcoholic liquors are contraband and may be seized and confiscated without a warrant by the division, its respective agents, or a peace officer, and must be disposed of in accordance with Section 61-6-4310.

Section 61-6-2800. The provisions of this article are applicable, notwithstanding any other provision of law.

Section 61-6-2810. A South Carolina manufacturer licensed under the provisions of Article 3 of this chapter is exempt from the provisions of this article.

Section 61-6-2820. No person other than a registered producer may ship, move, or cause to be shipped or moved alcoholic liquors from a point outside the State to a point inside the State, and then only in accordance with the provisions of this article. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined; and it is unlawful for a wholesaler in this State to order, purchase, or receive any alcoholic liquors from any producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term `primary American source of supply' means the manufacturer, distiller, vintner, winery, or owner of vinous or spirituous beverages at the time it becomes a marketable product, or bottler, or the exclusive agent of any such person, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer.

Section 61-6-2830. No alcoholic liquors may be shipped or moved into this State unless each brand of alcoholic liquors is registered with the department in accordance with the provisions of this article and regulations of the department promulgated thereunder.

Section 61-6-2840. (A) A producer must apply to the department on forms the department prescribes for a certificate of registration. This certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within the State.

(B) A producer, at the time application is made for a certificate of registration, must remit a fee of two hundred dollars to the department. When a certificate is applied for on or after March first, the fee is one hundred fifty dollars.

(C) A certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-6-2850. (A) A registered producer, before the shipment of alcoholic liquors to a point within the State, must obtain from the department a certificate of registration for each brand of alcoholic liquors intended to be shipped to a point within this State. The department must provide appropriate forms for application for certificate of registration of brands of alcoholic liquors.

(B) An application for a certificate of registration of brands of alcoholic liquors must be accompanied by a fee of twenty dollars payable to the department for each brand except the first five brands of a registered producer.

(C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to the second August thirty-first after the issuance of the license.

Section 61-6-2860. A registered producer of alcoholic liquors must, at the time of application for registration in this State, file with the department an affirmation of corporate policy with regard to sales of all brands owned, controlled, sold, offered for sale, franchised, or distributed by the producer in this State. The affirmation must certify that the producer shall not wilfully sell or offer for sale any alcoholic liquors of a particular brand and proof in any other state at a price lower than the price these liquors are sold or offered for sale to licensed South Carolina wholesalers.

`Price', as used in this section, means platform price at the distillery and does not include price differentials based on transportation costs, containers, or other costs not directly related to the quality and proof of the product concerned. Quantity discount prices for liquors sold to monopoly states or elsewhere must not be considered to be violations of the producer's affirmation if these discount prices are also offered to South Carolina wholesalers for purchases in the same quantities.

A registered producer who fails to file this affirmation or wilfully violates the pledges contained in the affirmation must have its registration and privileges to import and sell alcoholic liquors in the State revoked, canceled, or suspended at the discretion of the department for a period as the department considers necessary and proper.

Section 61-6-2870. No person is qualified as a producer representative unless he applies to the department for a biennial certificate of registration and the certificate has been approved and issued. The department must provide appropriate forms for application for a certificate of registration as a producer representative.

Upon submission of an application for a certificate of registration, a fee of fifty dollars must be paid to the department.

Section 61-6-2880. No person having a direct or indirect interest in a wholesale or retail liquor business in this State may qualify as a producer representative.

Section 61-6-2890. (A) A registered producer may store alcoholic liquors only in a warehouse of the registered producer licensed by the department. The department must require sufficient bond with respect to a licensed warehouse to ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the department.

(B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March first, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-6-2900. Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the Department of Public Safety, by wholesalers licensed by the department or by registered producers in their own trucks. Alcoholic liquors must be shipped or moved only to the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors must be either stored in a licensed warehouse of the registered producer or, after delivery to the producer representative is complete, may then be shipped to a licensed wholesaler by common carriers described in this section, by wholesalers licensed by the department or by registered producers in their own trucks. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer representative is complete, they may be shipped to a licensed wholesaler or to a point outside this State. Before any shipment or transfer, the producer representative must apply to the department, on forms prescribed by the department, for permission to ship or transfer the alcoholic liquors, and the producer representative must have received a certificate of approval of the shipment or transfer.

Section 61-6-2910. Before shipment into this State, the registered producer must mail to the department by first-class mail a correct and complete invoice listing in detail the items in the shipment by quantity, type, brand, size, price; the point of origin; and the point of destination. Before or at the time of shipment, a copy of the bill of lading must be forwarded to the department by first-class mail.

Immediately upon acceptance of delivery of the shipment by the producer representative, the producer representative must furnish the department with a copy of the invoice covering the shipment with endorsement thereon showing the date, time, and place delivery was accepted.

Section 61-6-2920. Before shipment to a wholesaler in this State or to any point outside the State, the producer representative must mail to the department a correct and complete copy of the invoice covering the shipment, listing the name and address of the consignee and, in detail, the items in the shipment by quantity, type, brand, size, and price. On all shipments to a point outside this State, the producer representative must at the time of shipment mail to the department a copy of the bill of lading.

Section 61-6-2930. Alcoholic liquors shipped or moved into this State in violation of any provision of this article are contraband and may be seized and sold as provided by Section 61-6-4310.

Section 61-6-2940. The department, in its discretion, upon due consideration of the information contained in applications for certificates and licenses provided for in this article, must issue or reject the certificate or license applied for.

Section 61-6-2950. Certificates of registration or licenses provided by this article may be suspended or revoked by the department upon a showing of a violation of law or of any regulation.

Section 61-6-2960. The applicant for a certificate or license required by this article, as a condition precedent to the issue of the certificate or license, must certify that the department and the division have the right within statutory limitations to audit and examine the books, records, papers, and memoranda of the applicant with respect to the administration and enforcement of laws administered by the department and the division.

Section 61-6-2965. Licenses issued under this article are subject to the requirements and restrictions of Sections 61-6-110, 61-6-120, 61-6-180, 61-6-910, and 61-6-920.

Section 61-6-2970. All monies received by the department under the provisions of this article must be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-6-2980. A producer may redeem by mail proof-of-purchase certificates for nonalcoholic promotional items.

Section 61-6-4000. This article, except Section 61-6-4720, is complementary to and not in conflict with the laws providing for the lawful sale of beer, wines, and other vinous, fermented, or malt liquors.

Section 61-6-4010. Except in accordance with the provisions of this title, it is unlawful for a person to:

(1) manufacture, store, keep, receive, have in possession, transport, ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except liquors acquired in a lawful manner; or

(2) accept, receive, or have in possession alcoholic liquors for unlawful use.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4020. A person who is twenty-one years of age or older may transport lawfully acquired alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport the liquors in a motor vehicle, except in the luggage compartment or cargo area. A person who violates 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.

Section 61-6-4025. It is unlawful for a person to keep, store, have in possession, carry, ship, or transport in a vehicle, vessel, aircraft or other chattel, any unlawfully acquired or manufactured alcoholic liquors.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4030. It is unlawful for a person to transport alcoholic liquors in a motor vehicle used as a taxi or used in the transportation of passengers for hire; however, this prohibition does not apply to lawful alcoholic liquors belonging to a passenger being transported when the alcoholic liquors are in the baggage of the passenger or upon his or her person. If alcoholic liquors are found in the vehicle, the vehicle must be seized and forfeited as provided for in Sections 61-6-4350 to 61-6-4460, and the alcoholic liquors must be seized as contraband and sold as provided in Section 61-6-4310.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4040. A person who acts as an advance or rear guard or pilot to a person engaged in the transportation of alcoholic liquors in violation of any law of this State is guilty of the offense of knowingly transporting alcoholic liquors for unlawful purposes and, upon conviction, must be punished for this misdemeanor as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

The buggy, wagon, automobile, aircraft, railroad car, bicycle, motorcycle, or other vehicle or boat, launch, or other vessel used by the person in rendering the aid may be confiscated in the same method and manner as provided by this article for the confiscation of a vehicle actually used in the carrying of these alcoholic liquors.

Section 61-6-4050. It is unlawful for a person to purchase or otherwise procure alcoholic liquors other than those purchased from licensed retail dealers in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b) for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c) for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days.

Section 61-6-4060. It is unlawful for a person to store or have in possession alcoholic liquors in his place of business other than a licensed liquor store. A place of business includes:

(1) A place where goods, wares, or merchandise are sold, offered for sale, or distributed, and also places of amusement;

(2) Residences and transportation vehicles when sale of merchandise is made therefrom; and

(3) Outbuildings, warehouses, and garages when adjacent to or used in connection with a place of business where goods, wares, or merchandise are sold, offered for sale, or distributed.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(b) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.

Section 61-6-4070. It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.

The provisions of this section do not apply to a spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home; to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

Section 61-6-4080. (A) A person engaged in the sale of alcoholic liquors who knowingly sells the liquors to a person under the age of twenty-one is guilty of a misdemeanor and must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.

Section 61-6-4090. If a permittee or licensee, or servant, agent, or employee of the permittee or licensee pleads guilty or nolo contendere to, or is convicted of a criminal offense which occurred on the licensed premises, the conviction or plea constitutes proof that the offense occurred and the record thereof is admissible in a contested case hearing before the administrative law judge division.

Section 61-6-4100. It is unlawful for a person in this State to manufacture, sell, give, or have in his possession a distillery, commonly called a still, or any integral part of a distillery, or an apparatus, appliance, device, or substitute therefor to be used for the purpose of manufacturing alcoholic liquors, in violation of the laws of this State.

The unexplained possession of any part of a still, apparatus or appliance, or any device or substitute therefor, commonly or generally used for or that is suitable to be used in the manufacture of prohibited alcoholic liquors is prima facie evidence of the violation of this section.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4110. It is unlawful for a person to knowingly permit or allow another person to have or possess or locate on his premises an apparatus for the distilling or manufacture of alcoholic liquors in violation of the laws of this State.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4120. It is unlawful to make, manufacture, transport, possess, or knowingly permit upon one's premises mash, wort, wash, buck, or other similar material or compound suitable for or commonly used in the manufacture of alcoholic liquors with the intent that the material or compound be used in the manufacture of alcoholic liquors in violation of the laws of this State; the making, manufacture, transportation, possession, or knowingly permitting upon one's premises such material or compound is considered to be a part of the process of the manufacture of alcoholic liquors; and a person found in possession of the material or compound or found at a place where the material or compound is stored, kept, made, manufactured, or found is prima facie guilty of a violation of this section.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4130. A person found at a distillery or other place where alcoholic liquors are being manufactured in violation of the laws of this State is considered prima facie guilty of manufacturing alcoholic liquors or aiding and abetting in their manufacture and, upon conviction, must be punished as if the person personally manufactured the alcoholic liquors.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4140. It is unlawful for a person under the age of twenty-one years to work as an employee or otherwise in a retail, wholesale, or manufacturing liquor business or business establishment or for a person knowingly to employ another person under the age of twenty-one years in one of these businesses or business establishments. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b) for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c) for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days.

Section 61-6-4150. Except as authorized by law, it is unlawful for a person to sell alcoholic liquors from any vehicle, vessel, or aircraft.

A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of not less than six hundred dollars or imprisonment for six months;

(b) for a second offense, by a fine of one thousand five hundred dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of three thousand dollars or imprisonment for two years.

Section 61-6-4160. It is unlawful to sell alcoholic liquors on Sunday except as authorized by law, on statewide election days, or during periods proclaimed by the Governor in the interest of law and order or public morals and decorum. Full authority to proclaim these periods is conferred upon the Governor in addition to all his other powers. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(b) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.

Section 61-6-4170. It is unlawful for a person to advertise alcoholic liquors by means of billboards along public highways and streets. These advertisements must be immediately destroyed by peace officers upon discovery. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of two hundred dollars or imprisonment for sixty days;

(b) for a second offense, by a fine of one thousand dollars or imprisonment for one year; and

(c) for a third or subsequent offense, by a fine of two thousand dollars or imprisonment for two years.

Section 61-6-4180. If a person unlawfully manufactures, transports, or sells alcoholic liquors or aids or assists in any manner in one or more of these acts and at the time of the unlawful manufacturing, transporting, selling, aiding, or assisting has on or about his person or has on or in a vehicle which he uses to aid him in any such purpose or in his actual or constructive possession a firearm or weapon of like kind, he is guilty of a misdemeanor and, upon conviction, must be imprisoned not less than one year nor more than three years, or be fined not less than five hundred dollars nor more than fifteen hundred dollars.

Section 61-6-4190. A person who, upon demand of an officer or agent of the division:

(1) refuses to allow full inspection of the premises or any part of the premises which is licensed to sell alcoholic liquors; or

(2) refuses to allow full inspection of the stocks and invoices of the licensee; or

(3) prevents or in any way hinders an inspection, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than sixty days, or both.

A person found guilty of a violation of Section 61-4-230 and this section may not be sentenced under both sections for the same offense.

Section 61-6-4200. A person who dispossesses, rescues, or attempts to dispossess or rescue from a constable or other officer alcoholic liquors taken or detained by the officer charged with the enforcement of the ABC Act must, upon conviction, be imprisoned for not less than three months nor more than one year or fined not less than five hundred dollars nor more than fifteen hundred dollars, or both.

Section 61-6-4210. A person who violates any provision of the ABC Act, except where a different punishment is expressly provided, must, upon conviction, be punished by a fine or imprisonment in the discretion of the court of general sessions.

Section 61-6-4220. A conviction, plea of guilty, plea of nolo contendere, or forfeiture of bond for a violation on or after March 28, 1956, of any state or federal law relating to alcoholic liquors constitutes a prior offense for the purpose of a prosecution, or for the purpose of imposition of sentence for a subsequent violation of this article, except Section 61-6-4720.

Section 61-6-4230. The trial judge in his discretion may impose sentences under the provisions of this article, except Section 61-6-4720, or any portion of this article, of a fine or imprisonment of not less than one- half the fine or imprisonment prescribed for conviction under these provisions.

Section 61-6-4240. Clerks of court, magistrates, city recorders, and other public officers in this State having charge or responsibility with respect to the keeping of records of convictions, the entry of pleas of guilty or nolo contendere, or the forfeitures of bond posted for violations of this article, except Section 61-6-4720, must report to the department each conviction, plea of guilty, nolo contendere, or bond forfeiture within ten days after the conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bond, or after the receipt of this report, as the case may be. These reports must be made upon forms provided by the department, arranged in duplicate; and it is the duty of the department to acknowledge the filing of each report by signing the duplicate of the report and returning it to the officer making the report. The officer making the report must keep it as evidence of his compliance with the requirements that he made the report.

A person who violates this section is subject to a penalty of twenty-five dollars for each offense, to be collected by the Attorney General of this State, or the solicitors of the State under the direction of the Attorney General, and paid into the general fund of the State.

The reports or certified copies of these reports must be received as evidence under the provisions of this article, except Section 61-6-4720.

Section 61-6-4250. The clerk of court of each county in the State must, at the conclusion of each term of the court of general sessions in the county, forward to the department a certificate on forms prescribed and furnished by the department showing the name of each person who is convicted, pleads guilty, enters a plea of nolo contendere, or forfeits bond for the violation of any provision of this article except Section 61-6-4720. The department must maintain a file of these violations. A copy of the department's records pertaining to the convictions, certified as correct by the director or his designee, is admissible in all courts as prima facie evidence of the facts recited in the records. The department must, upon receipt of a record of conviction, plea of guilty, plea of nolo contendere, or forfeiture of bond for the violation of the provisions of this article prohibiting the transportation of alcoholic liquors, forward to the Department of Public Safety a certified copy of the record.

Section 61-6-4260. A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere, under the provisions of this article except Section 61-6-4720, automatically revokes a beer, wine, or liquor license which this State has issued to the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere; however, as an alternative to the revocation of a beer, wine, or liquor license, the department may in its discretion impose a monetary penalty in lieu of the revocation.

For a first offense, the license must either be revoked for one year, or the licensee must pay a penalty of two hundred fifty dollars to the department. For a subsequent offense, the offender's license or licenses must be revoked for a period of two years, or the licensee must pay a penalty of five hundred dollars to the department. If the department exercises its right to impose the monetary penalty provided in this section in lieu of a revocation of a license and if the penalty is not paid within ten days of demand by the department, the license or licenses must be automatically revoked.

A person convicted, pleading guilty, forfeiting bond, or pleading nolo contendere who does not possess a license to sell beer, wine, or liquors, for a first offense, is not eligible for the issuance of a license for a period of one year. For a subsequent offense, he is not eligible for the issuance of a license for a period of two years.

Penalties provided for in this section are in addition to any fines and penalties imposed upon the licensees by any court of competent jurisdiction for violation of the laws of this State.

Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use.

Section 61-6-4270. For violations of Articles 3, 5, 7, and 13 of this chapter, or of Chapter 21 or 33 of Title 12, and for a violation of any regulation pertaining to alcoholic liquors, the department may, in its discretion, impose a monetary penalty upon the holder of a liquor license in lieu of suspension or revocation.

In these cases, the amount of any penalty imposed must be determined within the limits prescribed in this section in each case by the department after a hearing as provided in the South Carolina Revenue Procedures Act and the Administrative Procedures Act. For these violations:

(1) retail liquor licensees are subject to a penalty of not less than one hundred dollars nor more than one thousand five hundred dollars; and

(2) wholesale liquor licensees are subject to a penalty of not less than five hundred dollars nor more than five thousand dollars.

The department in its discretion may suspend payment of a fine or a monetary penalty imposed under this section.

If the department imposes a monetary penalty under this section which is not paid or a contested case hearing requested within thirty days after demand by the department, the license or licenses may be suspended or revoked by the department.

Penalties provided for in this section are in addition to any fines and penalties imposed upon the licensees by any court of competent jurisdiction for violation of the laws of this State.

Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use.

Section 61-6-4280. Licenses and permits are the property of the department, are not transferable, and, upon the termination of a business or upon a change of ownership, possession, or control, or upon a substantial change in the character of the property or facilities or nature of business for which a license or permit has been issued, must be surrendered immediately to the department.

When a person or business has multiple licenses or permits for locations within three hundred feet of each other, administrative penalties may be applied to all the licenses and permits.

Section 61-6-4290. The Department of Public Safety, upon notice that a person has been convicted, pleaded guilty, forfeited bond, or entered a plea of nolo contendere for the violation of any provision of this article prohibiting the transportation of alcoholic liquors, must suspend the driver's license of the person for a period of six months for a first offense, for a period of one year for a second offense, and for a period of two years for a third and subsequent offense. During the period of the suspension under this section, no vehicle may be registered in the person's name under the laws of this State.

Section 61-6-4300. If alcoholic liquors are sold from a vehicle, vessel, aircraft, or other chattel in violation of law, or if alcoholic liquors are possessed, carried, shipped, stored in, kept in, or transported in a vehicle, vessel, or aircraft in violation of law, the alcoholic liquors must be seized and sold as contraband as provided in Section 61-6-4310, and the vehicle, vessel, aircraft, or other chattel must be seized by a peace officer and delivered to the sheriff of the county where the seizure is made, who must proceed to forfeit and sell the chattel as provided in Sections 61-6-4350 to 61-6-4460.

Section 61-6-4310. Alcoholic liquors seized by the department, its agents, or by the division must be sold by the department at public auction to the highest bidder after advertisement. The proceeds of the sale must be turned over to the State Treasurer after first paying the cost of confiscation and sale. Alcoholic liquors seized by a peace officer, except the department, its authorized agents, or by the division, must be delivered to the sheriff of the county in which the seizure is made. The sheriff must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of the costs of confiscation and sale, must be immediately turned over to the treasurer of the county in which the seizure was made. However, if a municipal officer makes a seizure, the chief of police must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of costs of confiscation and sale, must be turned over to the treasurer of the municipality in which the seizure was made. No sale of alcoholic liquors seized and sold in accordance with the provisions of this section may be made to a person other than a licensed manufacturer, wholesaler, or retail dealer.

Section 61-6-4320. Only those alcoholic liquors which have been manufactured by a licensed manufacturer or producer, as defined in the ABC Act, or alcoholic liquors of unquestioned purity and content may be sold at public auction as provided in this article. Other liquors which are confiscated must be destroyed by the proper officers.

Section 61-6-4330. No alcoholic liquors sold under the provisions of this article may be delivered within five days after the sale, during which time the department in its discretion may reject any bid and order the liquors resold until a satisfactory bid is made. However, if confiscated liquors are offered for sale after advertisement, as provided in this article, on two different dates and no bids are made, the liquors must be destroyed by the proper officers.

Section 61-6-4340. A vehicle, vessel, aircraft, or other chattel found at a site where alcoholic liquors are being or have been recently manufactured in violation of the law, and which vehicle, vessel, aircraft, or other chattel contains sugar, meal, yeast, or other materials used in the manufacture of alcoholic liquors, or containers used to haul alcoholic liquors, must be confiscated and sold as provided by this article.

Section 61-6-4350. The respective sheriffs of this State must safely store and keep chattels delivered to them pursuant to this article in the jail yard, county shops, or on other county property, if this may be safely done, but must not incur unnecessary expenses in connection with the storage of a chattel seized and delivered to them.

Section 61-6-4360. (A) If a chattel seized under this article is a vehicle registered with the Department of Public Safety, the sheriff must obtain from the Department of Public Safety the name and address of the person in whose name the car is registered and must notify the person by registered mail of the seizure. If the chattel is a vehicle registered in another state, the sheriff must request from the Department of Public Safety the name and address of the registered owner of the vehicle and must notify the owner in like manner.

(B) Immediately upon notification from the sheriff as required by subsection (A) or upon notice from the department that the name of the registered owner of the seized vehicle cannot be ascertained, the sheriff must give notice of the seizure made under this article by advertisement at least once a week for a period of three weeks in a paper of general circulation in the county. The advertisement must allege the seizure, describe the chattel, set forth in general terms the grounds of forfeiture of the seized property, and the date upon which the sale is to be made, which date must be not less than sixty days after seizure of the chattel.

Section 61-6-4370. If, before the date set for sale of a chattel seized under this article, no person claiming an interest in the chattel, as owner, lienholder, or otherwise appears and gives notice to the sheriff as required in Section 61-6-4390, the chattel must be sold at public auction to the highest bidder.

Section 61-6-4380. If a chattel has been seized by municipal officers, the proceeds of a sale under Section 61-6-4370, less the necessary expenses of advertising and storage, must be paid to the municipality for its use. Otherwise, the proceeds must be paid to the county treasurer of the county where the chattel was seized.

Section 61-6-4390. Before sale of a chattel under Section 61-6-4370, the owner, any person indebted or liable for the purchase price of the chattel, and any lienholder may bring an action to recover possession of the chattel or to recover the value of his interest in the property from the proceeds of the sale; in a proceeding under this section, the sheriff must be made a party defendant. The solicitor of the circuit in which the seizure occurred must defend all these suits.

Section 61-6-4400. Upon service upon the sheriff of a proceeding under Section 61-6-4390, he must stay the sale, retain the chattel, and await the order of the court. The sheriff must have the chattel appraised as appraisals are provided for in attachment cases under Section 15-19-270, must transmit the appraisal to the court, and must keep a copy of the appraisal in his office.

Section 61-6-4410. If the owner or other person claiming an interest in a chattel seized under this article desires to obtain immediate possession of the chattel, the court may order delivery to the claimant upon execution by him of a bond payable to the sheriff having possession of the seized property, in an amount equal to the appraised value of the chattel, with security to be approved by the clerk of court. The bond must be conditioned on returning the chattel at the time of the hearing of the proceeding or at a time as the court may order. In addition, the court may order the claimant to pay the difference between the appraised value of the chattel as of the time it has been so released on bond and the appraised value as of the time of its return; and conditioned further that if the chattel is not returned as ordered, the bond stands in lieu of and is forfeited in the same manner as the chattel. Notwithstanding the provisions of this section, the court may, in its discretion, refuse to order delivery of possession.

Section 61-6-4420. In a proceeding brought to recover possession of a chattel seized under this article or to recover the value of an interest therein, no claim shall be allowed unless the claimant proves: (a) that he has an interest in the chattel, as owner or otherwise, which he acquired in good faith; (b) that he had at no time knowledge or reason to believe that the chattel was being or would be used in violation of the laws of this State relating to liquor; and (c) if it appears that the interest asserted by the claimant was acquired after March 28, 1956, and arises out of or is subject to any contract or agreement under which a person having a record or reputation for violating state or federal laws relating to liquor, has a right with respect to the chattel, that, before the claimant acquired his interest, or other person acquired his right under the contract or agreement, whichever occurred later, the claimant, his officer, or agent was informed, in answer to his inquiry, at the headquarters of the sheriff and police chief of the locality in which the other person acquired his right under the contract or agreement and of the locality in which the other person then resided, that the other person had no such record or reputation.

Section 61-6-4430. If the claimant is the owner of the chattel and he prevails in a proceeding under Section 61-6-4390, the court must release the chattel from forfeiture and restore it to the owner.

Section 61-6-4440. If the claimant in a proceeding under Section 61-6-4390 is a lienholder whose claim is allowed and whose interest is first in order of priority among the claims and is of an amount equal to or in excess of the appraised value of the chattel, the court must release the chattel from forfeiture and order its return to him. If the claim is less than the appraised value of the chattel, the claimant may have the chattel delivered to him upon payment of the difference. If the claims of two or more lienholders whose interests are not subject to any prior or intervening interests claimed and allowed in the proceedings are allowed and are of a total amount equal to or in excess of the appraised value of the chattel, the court must, at the request of these claimants, order return of the chattel to the joint requesting claimants as are designated in the request. If the total amount of the claim is less than the appraised value of the chattel, the claimants may, upon payment of the difference, have the chattel delivered to those who are designated in the request.

Section 61-6-4450. If delivery is not demanded by the claimant or claimants in a proceeding under Section 61-6-4390, the court must order the sale of the chattel by the sheriff. Out of the proceeds of the sale the following must be paid in the following order of priority:

(1) the claim or claims allowed in order of their priority as determined by the court;

(2) the costs; and

(3) the residue must be paid to the municipality or to the county treasurer as set forth in Section 61-6-4380.

If no claim is proven and established as provided in this section, the court must order the sale of the chattel by the sheriff and the proceeds from the sale, after payment of costs, paid as set forth in this section.

Section 61-6-4460. A person who purchases any chattel at a sale made by the sheriff under the provisions of this article acquires full and complete title to the chattel free and clear of prior claims, liens, or encumbrances.

Section 61-6-4470. For the purpose of confiscating alcoholic liquors under the ABC Act, the provisions of Sections 12-21-2900 to 12-21-2950 must be followed as nearly as practicable.

Section 61-6-4480. The sheriff of each county must, upon seizure of or delivery to him of a chattel seized under the provisions of this article, report the seizure of the chattel to the department setting forth in the report a description of the chattel, the name of the owner if known, the grounds upon which the chattel was seized, by whom the chattel was seized, and the appraised value of the chattel if an appraisal has been made. The sheriff must, after the chattel has been sold or disposed of in accordance with the provisions of this article, make a report to the department setting forth the amount of the sale, the purchaser, the disposition of the proceeds, or whatever disposition has been made of the chattel by the sheriff pursuant to an order of the court.

The department must establish a system for the filing and recording of these reports.

Section 61-6-4490. Ordinances of political subdivisions of this State prohibiting the acts prohibited by the provisions of this article, except Section 61-6-4720, are hereby suspended, it being declared that the State has occupied the field of the subjects covered thereby. Judicial and law enforcement officers of political subdivisions of this State must enforce these provisions within their respective jurisdictions.

Section 61-6-4500. Municipal courts must try and determine all cases involving a violation of this article, except Section 61-6-4720, occurring within the limits of the municipality in cases where the penalties prescribed do not exceed a fine of one hundred dollars or imprisonment for thirty days. These courts have jurisdiction over these criminal cases the same as that had by magistrates, with the right and duty of sending these cases occurring within the municipal limits but beyond their jurisdiction to try to higher courts. A person convicted hereunder in municipal court must be treated as a municipal prisoner.

Section 61-6-4510. Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the State.

Section 61-6-4520. It is unlawful for a person to sell or otherwise introduce into commerce alcoholic liquors lawful under the provisions of this title, unless labeled in accordance with the provisions of the Federal Alcoholic Administration Act and rules and regulations promulgated thereunder. A violation of the provisions of this section subjects the alcoholic liquors found in the possession of a person violating this section to seizure, confiscation, and sale, as provided in Section 61-6-4310.

Section 61-6-4530. A note or other evidence of indebtedness contracted in the sale or transportation of unlawful liquors is null and void. Nor may an action or suit for the recovery of the indebtedness be entertained in any court in this State.

Section 61-6-4540. Upon affidavit, which may be on information and belief, to the effect that contraband liquors are being unlawfully concealed, kept, or stored in any place, a search warrant may be issued by a magistrate of the county empowering an officer or person who may be deputized to enter the place and to search the premises for the purpose of seizing the contraband liquors concealed, kept, or stored. The liquors, when seized, must be disposed of as provided for the disposition of unlawful liquors.

Section 61-6-4550. No person who holds a biennial license to sell alcoholic liquors for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Alcoholic liquors may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial license has been issued, or to a customer attending a function sponsored by the person who holds a biennial license. However, no more than two functions may be sponsored each year, and must be authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.

Section 61-6-4700. It is unlawful for a person to drink alcoholic liquors on the premises of a retail, wholesale, or manufacturing alcoholic liquor business or business establishment. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a) for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b) for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c) for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days.

Section 61-6-4710. (A) A person who is twenty-one years of age or older may possess or consume lawfully acquired alcoholic liquors:

(1) in a private residence, hotel room, or motel room;

(2) or on other property not engaged in business or commercial activity, at private gatherings, receptions, or occasions of a single and isolated nature and not on a repetitive or continuous basis, with the express permission of the owner and any other person in possession of the property, and to which the general public is not invited. However, this must not be construed to authorize the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.

(3) in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.

(B) It is unlawful for a person to possess or consume alcoholic liquors upon any premises where the person has been forbidden to possess or consume alcoholic liquors by the owner, operator, or person in charge of the premises.

A person who violates 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.

Section 61-6-4720. A person who drinks alcoholic liquors in a public conveyance in this State is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned not more than thirty days. This section does not apply to a railroad dining or club car or to an aircraft of a commercial airline transporting passengers for hire.

Section 61-8-10. The unlawful sale, barter, exchange, storage or keeping in possession in this State of spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors or beverages or a compound or mixture thereof which contains alcohol and is used as a beverage is hereby declared a common nuisance.

Section 61-8-20. Any person may appear before a magistrate in the county and swear out an arrest warrant on personal knowledge or on information and belief charging a nuisance, giving the names of witnesses against the keeper or manager of the place and his aides and assistants, if any. The magistrate must direct the arrest warrant either to the sheriff of the county or to a special constable commanding the defendant to be arrested and brought before him to be dealt with according to law and may issue a search warrant in which the premises in question must be particularly described, commanding the sheriff or constable to search thoroughly the premises in question and to seize all alcoholic liquors found thereon, to seize all vessels, bar fixtures, screens, bottles, glasses, and appurtenances apparently used or suitable for use in retailing liquors, and to make a complete inventory thereof and deposit it with the sheriff. Liquors so seized must, if no action to recover them is begun within thirty days after the seizure or if an action is begun and the judgment of the court is adverse to the plaintiff, be destroyed publicly by the sheriff of the county.

Section 61-8-30. Under the arrest warrant, the defendant must be arrested and brought before a magistrate and the case must be disposed of as other crimes, except that when the magistrate commits or binds over the parties for trial to the next term of court of general sessions for the county, he must make out each paper in the case in duplicate and file one with the clerk of the court for the county and immediately transmit the other to the solicitor of the circuit.

Section 61-8-40. Upon receipt of any such paper, the solicitor immediately must apply to a circuit judge at chambers in that circuit, or to the nearest circuit judge if there is none in that circuit, for an order or injunction restraining the defendants, their servants, or agents from keeping, receiving, bartering, selling, or giving away alcoholic liquors until the further order of the court or perpetually after hearing after notice to the defendant. The circuit judge must grant the restraining order or injunction without requiring a bond or undertaking upon the hearing or receipt by him of the magistrate court papers from the solicitor. A violation of the restraining order or injunction is considered a contempt of court and punishable as contempt by the court or another circuit judge, as for the violation of an order or injunction.

Section 61-8-50. A person who violates the terms of a restraining order granted in such proceedings must be punished for contempt by a fine of not less than two hundred dollars nor more than one thousand dollars and by imprisonment not less than ninety days nor more than one year. In contempt proceedings arising out of the violation of an injunction granted under the provisions of this chapter, the court or, in vacation, any judge thereof has power to try summarily and punish the party guilty as required by law. The affidavits upon which the attachment for contempt issues are prima facie evidence for the State. At the hearing upon the charge for contempt, evidence may be oral or in the form of affidavits, or both. The defendant shall not necessarily be discharged upon his denial of the fact stated in the moving papers. The clerk of court must, upon the application of either party, issue subpoenas for witnesses and, except as provided in this section, the practice in these contempt proceedings must conform as nearly as possible to the practice in the court of common pleas.

Section 61-8-60. Liquors seized as provided in this chapter and the vessels containing the liquors must not be taken from the custody of the officers in possession thereof by a writ of replevin or other process, except as provided in Section 61-8-20. No suit shall lie for damages alleged to arise by seizure and detention of liquors under this chapter.

Section 61-8-70. When a solicitor neglects or refuses to perform a duty or to take any steps required of him by a provision of this chapter, the Attorney General, on his own motion or by request of the Governor, must, in person or by an assistant, proceed to the locality and perform the neglected duty and take steps as are necessary in the place of the solicitor. The Attorney General may, in his discretion, cause a prosecution to be instituted not only in the matter neglected but also against the solicitor for malfeasance or misfeasance in office, for official misconduct, or for other charges justified by facts, and may pursue the prosecution to the extent of a conviction and dismissal from office of the solicitor. In this event, the Attorney General may appoint one or more additional assistants who must each receive while actually employed the same compensation, to be paid from the litigation fund of the Attorney General. Any duty imposed in this chapter upon a solicitor may be performed by the Attorney General or other person authorized by him to perform the duty.

Section 61-10-10. A wholesale druggist may lawfully sell, in wholesale quantities only, pure alcohol for medical purposes only or grain alcohol to be used by chemists or bacteriologists actually engaged in scientific work to retail druggists and to public or charitable hospitals or to medical or pharmaceutical colleges. A wholesale druggist must at the end of each month in which one of these sales has been made file with the clerk of the court of the county in which he does business a statement in writing under oath giving the name of the purchaser, the price paid, the date of sale, and the quantity and character of the alcohol sold. If the wholesale druggist making the sale is not a resident of this State, the statement must be filed in the office of the clerk of the court of the county in which the purchaser resides.

Section 61-10-20. A retail druggist whose place of business is located in a municipality of this State and who is a registered or licensed pharmacist or who regularly employs a registered or licensed pharmacist may sell, in the manner set out in this article and upon filing a bond in the sum of five thousand dollars to be approved by the clerk of the court of the county in which the druggist does business, conditioned for a faithful observance of the provisions of this article, pure alcohol for medical purposes only and grain alcohol to chemists and bacteriologists actually engaged in scientific work and for these purposes only. Nothing contained in this article prohibits the druggist from using alcohol in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of a special tax required of liquor dealers by the federal government nor prohibits the druggist from compounding or selling medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia and National Formulary which contain no more alcohol than is necessary to extract the medicinal properties of the drugs contained in these preparations and no more alcohol than is necessary to hold the medicinal agents in solution and which are manufactured and sold as medicines and not as beverages.

Section 61-10-30. No sale of pure alcohol for medicinal purposes may be made by a retail druggist except upon the prescription of a regular practicing physician of this State who, before writing the prescription, makes an actual examination of the person for whom the prescription is issued.

Section 61-10-40. No prescription may be filled except on the day it is issued or the following day. No more than one-half pint of alcohol may be sold and delivered on one prescription. When a prescription is filled, it may not be refilled. No druggist who is also a practicing physician may fill his own prescription for pure alcohol nor shall the prescription be filled at a drugstore in which the physician is financially interested. The delivery of the alcohol sold by prescription must be made directly to the person for whom the prescription is issued, to the physician, or to a person authorized by the physician; or in case of a minor, to his parent, guardian, physician, or a person authorized by the physician.

Section 61-10-50. A prescription issued pursuant to this article must be substantially in the following form: `State of South Carolina ----- County. To ----- druggist. I, -----, a regular licensed and practicing physician under the laws of this State, do hereby certify that I have examined -----, a patient in my charge, and I do hereby prescribe for the use of the patient ----- alcohol. I further certify that the use of this alcohol is, in my judgment, absolutely necessary to alleviate or cure the illness or disease from which the patient is now suffering and that I am not interested in the drugstore to which this prescription is directed nor in the profits on the drugs herein prescribed.

Dated ----------. ---------------- M. D.'

Section 61-10-60. A retail druggist whose place of business is located in a municipality of the State may sell alcohol in quantities not greater than five gallons to be used in the arts or for scientific or mechanical purposes and the druggist may sell, in like quantities, to chemists and bacteriologists engaged in scientific work and for these purposes only.

Section 61-10-70. A person desiring to purchase alcohol for any purpose set forth in Section 61-10-60 must sign a written printed statement giving his name, residence, occupation, the purpose for which he intends to use the alcohol, and a certification that the alcohol is purchased in good faith for this purpose only.

Section 61-10-80. The druggist must retain prescriptions for alcohol and the statements required by Section 61-10-70 for inspection as required by law for the retention of the prescription of narcotics and other drugs.

Section 61-10-90. A druggist or physician who violates the provisions of this article must, in addition to the punishment provided in this article, have his license revoked for not more than one year for each offense.

Section 61-10-210. A person may manufacture ethyl and methyl alcohol from sawdust, slabs or any other wood substance, or from molasses.

Section 61-10-220. A person who engages in the manufacture of alcohol under the provisions of this article must enter into a bond to the State in the sum of ten thousand dollars, with surety, to be approved by the Governor, conditioned for the faithful observance of and compliance with the provisions of this article. When any provision of this article is violated, the Attorney General and the circuit solicitors, may sue in any county in this State for the penalty of the bond for the benefit of the State.

Section 61-10-230. (A) A person engaged in the manufacture of ethyl alcohol as provided in Section 61-10-210:

(1) may not sell it in this State unless it is denatured;

(2) may ship ethyl alcohol undenatured to points outside this State for use in manufacturing and in the sciences and arts, but only in the manner provided in this subsection. This alcohol may be carried from a warehouse authorized under the provisions of this article and delivered to a common carrier and immediately shipped to its destination outside this State. This alcohol may also be transported to another bonded warehouse outside this State when the shipment is made under bond, as required by federal revenue laws.

(B) It is prima facie evidence of the violation of the provisions of this article if ethyl alcohol so manufactured and not denatured is found in this State and not in the custody of a United States revenue officer or not in course of shipment to another state. However, a reasonable time must be allowed for conveying the alcohol directly from a warehouse to a common interstate carrier.

Section 61-10-240. No alcohol manufactured under the provisions of this article may be used as a beverage or for medicinal purposes.

Section 61-10-250. A person who manufactures alcohol under the provisions of this article must, while the alcohol remains in this State, store and keep it in a general United States bonded warehouse or in another warehouse and file with the Secretary of State a declaration setting forth the exact location, description, and dimension of each warehouse used and to be used for this purpose. It is unlawful to store or keep alcohol manufactured under the provisions of this article in a place other than that described in the declaration.

Section 61-10-260. A person who manufactures alcohol under the provisions of this article must keep a record which shows the quantity of alcohol manufactured, the quantity transported or shipped, and to whom and where the alcohol was shipped. This record is subject to the inspection of any attorney representing this State.

Section 61-10-270. (A) If a person who manufactures alcohol under the provisions of this article sells it for or consents to its use as a beverage, either in or outside this State, ethyl alcohol so manufactured, or violates the provisions of this article, he must forfeit to the State all property in this State connected with and incident to the manufacture of the alcohol. The Attorney General and the solicitors must institute an action in a court of competent jurisdiction in any county of this State which the Attorney General or solicitor selects for determining whether the provisions of this article have been violated and whether the property has been thereby forfeited to the State.

(B) Property forfeited under the provisions of this section must be delivered to the Budget and Control Board.

Section 61-10-280. A person who manufactures in this State ginger ale or similar soft drinks in which there is an alcoholic ingredient not exceeding one-third of one percent may import alcohol into this State or order and receive alcohol from another state in quantities not exceeding ten gallons, for which no permit is required. However, the person must first file with the clerk of court of the county in which his manufacturing plant is located a bond with an approved surety company as surety in the sum of one thousand dollars, to be forfeited to the State upon the proof of misuse of the alcohol or disposition of it otherwise than as provided in this section for the manufacture of the product. The solicitor, in his discretion, may bring action upon the bond upon information or belief.

Section 61-10-290. Nothing in this article prohibits the sale of wood or denatured alcohol.

Section 61-12-10. Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40 must be regulated and disbursed in accordance with the provisions of this chapter.

Section 61-12-20. Before the use of the revenue described in Section 61-12-10, the governing body of each county must:

(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Section 6-27-40 or create a new agency for that purpose;

(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the Department of Alcohol and Other Drug Abuse Services. Written approval must be given by the Department of Alcohol and Other Drug Abuse Services if the plan is reasonable. If approval is denied, the county may appeal to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers the nonapproval of the plan by the Department of Alcohol and Other Drug Abuse Services to be unreasonable, he must communicate his reasons to the Department of Alcohol and Other Drug Abuse Services and require it to reexamine the plan in light of his objections. Following the reexamination, no further appeal may be taken.

Section 61-12-30. The single county agency, as provided for in Section 61-12-20, must provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists or where citizen participation is nonexistent, through the establishment of a county advisory committee, which must consult with and advise the single county agency in the development and implementation of the county plan.

Section 61-12-40. Revenue funds received in accordance with this chapter must be expended only for activities and services which are called for in, and are consistent with, the recommendations of the approved county alcohol and drug abuse plan.

Section 61-12-50. Each county governing body must:

(a) establish methods of administration necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the Department of Alcohol and Other Drug Abuse Services;

(b) provide for accounting procedures necessary to assure proper disbursement of and accounting for the funds, including an annual audit of fiscal records, a copy of which must be furnished to the Department of Alcohol and Other Drug Abuse Services.

Section 61-12-60. The provisions of this chapter must not be construed as prohibiting two or more counties from joining together in plans, programs, and projects or in designating a single agency to administer multicounty plans required by item (b) of Section 61-12-20.

Section 61-12-70. Funds disbursed pursuant to the provisions of Section 6-27-40 and this chapter must be used only to supplement and increase the level of federal, state, local, and other funding that in the absence of these funds would be made available, and must in no event be used to supplant federal, state, local, and other funds."

Quarterly distributions

SECTION 2. Section 6-27-40(B) of the 1976 Code, as last amended by Part II, Act 171 of 1991, is further amended to read:

"(B) In making the quarterly distribution to counties, the State Treasurer must notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 12-33-245 allocated on a per capita basis according to the most recent United States Census."

Minibottle tax

SECTION 3. Chapter 33 of Title 12 of the 1976 Code is amended by adding:

"Section 12-33-245. In lieu of taxes imposed under Sections 12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be taxed at the rate of twenty-five cents for each container in addition to the case tax as prescribed in Article 5 of this chapter and collected as those taxes are collected. Taxes levied in Article 3 of this chapter do not apply."

Tax exemption

SECTION 4. Title 12 of the 1976 Code is amended by adding:

"Section 12-33-475. Alcoholic liquors subject to tax under the provisions of this chapter are exempt from this tax when sold to the United States Government or United States Government instrumentality for Army, Navy, Marine, or Air Force purposes and delivered to a place lawfully ceded to the United States, or delivered to a ship belonging to the United States Navy for distribution and sale to members of the military establishment only, or when sold and delivered to ships regularly engaged in foreign or coastwise shipping between points in this State and points outside the State."

Repeal

SECTION 5. Chapters 1, 3, 5, 7, 9, 11, and 13 of Title 61 of the 1976 Code are repealed.

Savings clause

SECTION 6. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. The recodification of this title shall not serve to limit or extinguish any rights or causes of action resulting from prior regulation or enforcement.

Licenses, permits, and certificates

SECTION 7. The provisions of this act apply to licenses, permits, and certificates applied for on or after the effective date of this act.

Conversion table

SECTION 8. The following conversion table is not part of this act and is printed solely for the users of the Code of Laws of South Carolina, 1976, and must be printed in Title 61 in an appropriate place to be determined by the Code Commissioner:

Former Section Recodified Section

61-1-10 61-2-10

61-1-60 61-2-30

Former Section Recodified Section

61-1-65 61-2-40

61-1-70 61-2-60

61-1-80 61-4-250, 61-6-4270

61-1-90 61-4-950

61-1-95 61-2-140

61-1-105 61-2-130

61-1-110 61-2-110

61-1-120 61-2-90

61-1-125 61-2-100

61-3-10 61-6-10

61-3-20 61-6-20

61-3-30 61-6-30

61-3-40 61-6-40

61-3-50 61-2-20

61-3-70 61-2-60

61-3-80 61-2-60

61-3-90 61-2-60

61-3-110 61-2-50

61-3-220 61-6-60

61-3-230 61-6-70

61-3-260 61-6-80

61-3-410 61-6-100

61-3-420 61-6-110

61-3-425 61-2-160

61-3-440 61-6-120

61-3-450 61-6-130

61-3-460 61-6-140

61-3-461 61-6-150

61-3-462 61-6-150

61-3-470 61-6-160

61-3-480 61-6-170

61-3-490 61-6-180

61-3-500 61-6-180

61-3-520 61-6-190

61-3-530 61-2-150

61-3-540 61-6-300

61-3-550 61-6-310

61-3-560 61-6-320

61-3-570 61-6-330

61-3-580 61-6-340

Former Section Recodified Section

61-3-590 61-6-350

61-3-600 61-6-500

61-3-610 61-6-700

61-3-710 61-2-120

61-3-720 61-6-900

61-3-730 61-6-910

61-3-740 61-6-920

61-3-750 61-6-930

61-3-760 61-6-940

61-3-800 61-6-950

61-3-910 61-6-1100

61-3-920 61-6-1300, 61-6-1500

61-3-930 61-6-1300

61-3-940 61-6-1300

61-3-950 61-6-1310

61-3-980 61-6-1320

61-3-990 61-6-1500

61-3-1000 61-6-1510

61-3-1010 61-6-1520

61-3-1020 61-6-1540

61-3-1030 61-4-770, 61-6-1540

61-3-1040 61-6-1550

61-5-10 61-6-20

61-5-20 61-6-20, 61-6-1600, 61-6-1610,

61-6-1620, 61-6-2200, 61-6-2210,

61-6-4020, 61-6-4710

61-5-25 61-4-220, 61-6-1610, 61-6-2420

61-5-30 61-6-1800, 61-6-2220, 61-6-4710

61-5-40 61-6-1810

61-5-50 61-6-1820

61-5-55 61-2-180

61-5-60 61-6-1820, 61-6-1830

61-5-70 61-2-120

61-5-80 61-6-1810

61-5-85 61-6-2000

61-5-100 61-6-2610

61-5-110 61-6-2600

61-5-120 61-6-2610

61-5-130 61-6-1500, 61-6-1630

61-5-140 61-2-30

Former Section Recodified Section

61-5-160 61-6-1530

61-5-170 61-6-510

61-5-180 61-6-2010

61-5-190 61-2-80

61-5-200 61-2-170

61-5-310 61-12-10

61-5-320 61-12-20

61-5-330 61-12-30

61-5-350 61-12-40

61-5-360 61-12-50

61-5-370 61-12-60

61-5-380 61-12-70

61-7-10 61-6-20

61-7-20 61-6-2800

61-7-30 61-2-20

61-7-40 61-2-60

61-7-50 61-6-2810

61-7-60 61-6-2820

61-7-70 61-6-2830

61-7-80 61-6-2840

61-7-90 61-6-2850

61-7-100 61-6-2860

61-7-110 61-6-2870

61-7-120 61-6-2880

61-7-130 61-6-2890

61-7-140 61-6-2900

61-7-150 61-6-2910

61-7-160 61-6-2920

61-7-170 61-6-2930

61-7-180 61-6-2940

61-7-190 61-6-2950

61-7-200 61-6-2960

61-7-210 61-6-2970

61-7-300 12-33-475

61-7-305 61-6-1300, 61-6-1500, 61-6-2980

61-9-10 61-4-10

61-9-20 61-4-20

61-9-30 61-4-30

61-9-35 61-4-40

61-9-40 61-4-50

Former Section Recodified Section

61-9-50 61-4-60

61-9-60 61-4-80

61-9-70 61-4-60, 61-4-80

61-9-85 61-4-100

61-9-87 61-4-110

61-9-90 61-4-120

61-9-100 61-4-130

61-9-110 61-4-140

61-9-120 61-4-150

61-9-140 61-4-190

61-9-170 61-4-200

61-9-175 61-4-210

61-9-210 61-4-300

61-9-220 61-4-310

61-9-230 61-4-310

61-9-240 61-4-320

61-9-250 61-4-330

61-9-260 61-4-350

61-9-270 61-2-20

61-9-280 61-2-60

61-9-290 61-4-260

61-9-310(A) & (C) 61-4-500

61-9-310(B) 61-2-120

61-9-312 61-4-510

61-9-315 61-4-940

61-9-320 61-4-520

61-9-330 61-4-530

61-9-340 61-4-540

61-9-360 61-4-550

61-9-380 61-4-270

61-9-390 61-4-560

61-9-400 61-4-570

61-9-410 61-4-580

61-9-420 61-4-590

61-9-430 61-4-600

61-9-440 61-4-610

61-9-450 61-4-600, 61-4-610

61-9-610 61-4-700

61-9-615 61-4-720

61-9-617 61-4-730

Former Section Recodified Section

61-9-620 61-4-710

61-9-625 61-4-340

61-9-626 61-4-740

61-9-630 61-4-750

61-9-640 61-4-760

61-9-650 61-4-780

61-9-820 61-4-900

61-9-830 61-4-910

61-9-840 61-4-910

61-9-850 61-2-60, 61-4-920

61-9-860 61-4-930

61-9-1010 61-4-1100

61-9-1020 61-4-1110

61-9-1030 61-4-1120

61-9-1040 61-4-1130

61-9-1050 61-4-1140

61-9-1100 61-4-1300

61-9-1110 61-4-1310

61-9-1120 61-4-1320

61-9-1210 61-4-1500

61-9-1220 61-4-1510

61-9-1240 62-2-60, 61-4-1520

61-9-1250 61-4-1530

61-9-1260 61-4-1540

61-9-1310 61-4-1700

61-9-1320 61-4-1710

61-9-1330 61-4-1720

61-9-1340 61-4-1730

61-9-1350 61-4-1740

61-9-1360 61-4-1750

61-9-1370 61-4-1760

61-9-1380 61-2-60

61-9-1390 61-4-1770

61-11-10 61-10-10

61-11-20 61-10-20

61-11-30 61-10-30

61-11-40 61-10-50

61-11-50 61-10-40

61-11-60 61-10-60

61-11-70 61-10-70

Former Section Recodified Section

61-11-80 61-10-80

61-11-90 61-10-90

61-11-210 61-10-210

61-11-220 61-10-220

61-11-230 61-10-230

61-11-240 61-10-240

61-11-250 61-10-230

61-11-260 61-10-250

61-11-270 61-10-260

61-11-280 61-10-270

61-11-290 61-10-230

61-11-300 61-10-270

61-11-310 61-10-280

61-11-320 61-10-290

61-13-10 61-8-10

61-13-20 61-8-20

61-13-30 61-8-30

61-13-40 61-8-40

61-13-50 61-8-50

61-13-60 61-8-60

61-13-70 61-8-70

61-13-210 61-6-4010

61-13-220 61-6-4025

61-13-230 61-6-4030

61-13-240 61-6-4040

61-13-250 61-6-4050

61-13-260 61-6-4060

61-13-287 61-4-90, 61-6-4070

61-13-290 61-6-4080

61-13-295 61-6-4090

61-13-300 61-6-4100

61-13-310 61-6-4110

61-13-320 61-6-4120

61-13-330 61-6-4130

61-13-340 61-6-4140

61-13-350 61-6-4700

61-13-360 61-6-4720

61-13-370 61-6-4150

61-13-380 61-6-4160

61-13-390 61-6-4170

Former Section Recodified Section

61-13-400 61-6-4180

61-13-410 61-4-230, 61-6-4190

61-13-420 61-6-4200

61-13-430 61-6-4010, 61-6-4025,

61-6-4030, 61-6-4040,

61-6-4050, 61-6-4060,

61-6-4100, 61-6-4110,

61-6-4120, 61-6-4130,

61-6-4140, 61-6-4150,

61-6-4160, 61-6-4170,

61-6-4700

61-13-440 61-6-4220

61-13-450 61-6-4230

61-13-460 61-6-4240

61-13-470 61-6-4250

61-13-500 61-6-4260

61-13-510 61-4-250, 61-6-4270

61-13-515 61-6-4280

61-13-520 61-4-250, 61-6-4260, 61-6-4270

61-13-530 61-4-250, 61-6-4260, 61-6-4270

61-13-540 61-6-4290

61-13-550 61-6-4300

61-13-570 61-6-4310

61-13-580 61-6-4320

61-13-590 61-6-4330

61-13-600 61-6-4340

61-13-610 61-6-4350

61-13-620 61-6-4360

61-13-630 61-6-4360

61-13-640 61-6-4370

61-13-650 61-6-4380

61-13-660 61-6-4390

61-13-670 61-6-4400

61-13-680 61-6-4410

61-13-690 61-6-4420

61-13-700 61-6-4430

61-13-710 61-6-4440

61-13-720 61-6-4450

61-13-730 61-6-4460

61-13-740 61-6-4470

Former Section Recodified Section

61-13-750 61-6-4480

61-13-760 61-6-4490

61-13-770 61-6-4500

61-13-780 61-6-4510

61-13-790 61-6-4000

61-13-800 61-4-180, 61-6-4520

61-13-810 61-4-170

61-13-820 61-6-4530

61-13-830 61-2-190

61-13-835 61-2-200

61-13-836 61-2-210

61-13-840 61-6-4540

61-13-850 61-2-220

61-13-860 61-2-240

61-13-870 61-2-250

61-13-875 61-4-160, 61-6-4550

61-13-880 61-2-230

61-13-885 61-4-70, 61-6-1530

Time effective

SECTION 9. This act takes effect January 1, 1997.

Approved the 4th day of June, 1996.