H 3813 General Bill, By J.L. Harris

Similar(H 3787)
 A Bill to amend Section 12-33-210, as amended, Code of Laws of South Carolina,
 1976, relating to alcoholic beverage licenses for purposes of the Alcoholic
 Beverage Control Act, so as to provide for prorated licenses; to amend
 Sections 61-3-710, 61-5-70, and 61-9-310, all as amended, relating to
 permitting and licensing periods for beer, wine, and alcoholic beverages, so
 as to provide for prorated fees for beer and wine permits, and to delete
 obsolete provisions; and to repeal Section 12-33-220, relating to an obsolete
 provision allowing proration of licenses.

   03/15/95  House  Introduced and read first time HJ-61
   03/15/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-62

A BILL

TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES.

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

SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:

"A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION 2. Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-710. (A) Licenses issued under this chapter expire biennially 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.

(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3) Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.

(C) The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid."

SECTION 3. Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:

"SECTION 61-5-70. (A) Licenses issued under this article expire biennially 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.

(B) (1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3) Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.

(C) The department shall prorate license fees for license years 1992-94 according to the time the license is valid."

SECTION 4. Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:

"Section 61-9-310. (A) Every 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 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.

(B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:

(1) the last day of 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) the last day of 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) the last day of 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) the last day of 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.

(C) (1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.

(2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.

(3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.

(D) The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

(C) A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."

SECTION 5. Section 12-33-220 of the 1976 Code is repealed.

SECTION 6. This act takes effect upon approval by the Governor.