H*3787(Rat #0219, Act #0144 of 1995)  General Bill, By Richardson, J. Brown, 
A.W. Byrd, Cobb-Hunter, Cotty, R.J. Herdklotz, W.D. Keyserling, Limehouse, 
Lloyd, Mason, Moody-Lawrence, Rice, J.S. Shissias, D. Smith, P.H. Thomas, 
Whipper, Wilkes and H.G. Worley

Similar(H 3813)
 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 Section
 61-1-105 relating to the refund of the amount of the license of permit fee if
 a licensee or permittee loses his business lease, or closes the business due
 to fire or other natural disaster or dies within the first year of the license
 of permit period, so as to delete the specific reasons and provide that it
 must be refunded for any reason if occurring during the first year and provide
 that 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 result of an enforcement action or a failure to adhere to the
 conditions of the license or permit; 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, and to provide for refunds in cases of certain licenses issued after
 November, 1994.-amended title

   03/14/95  House  Introduced and read first time HJ-128
   03/14/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-128
   04/19/95  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-9
   04/26/95  House  Amended HJ-53
   04/26/95  House  Read second time HJ-54
   04/27/95  House  Read third time and sent to Senate HJ-9
   05/01/95  Senate Introduced and read first time SJ-23
   05/01/95  Senate Referred to Committee on Judiciary SJ-23
   05/24/95  Senate Recalled from Committee on Judiciary SJ-14
   05/29/95  Senate Read second time SJ-15
   05/29/95  Senate Ordered to third reading with notice of
                     amendments SJ-15
   05/30/95  Senate Amended SJ-58
   05/30/95  Senate Read third time and returned to House with
                     amendments SJ-59
   05/31/95  House  Non-concurrence in Senate amendment HJ-8
   05/31/95  Senate Senate insists upon amendment and conference
                     committee appointed Sens. Cork, Ryberg, G. Smith SJ-61
   05/31/95  House  Conference committee appointed Reps. Richardson,
                     Kelley & Thomas HJ-106
   06/13/95  House  Conference report received and adopted HJ-3
   06/13/95  Senate Conference report received and adopted SJ-15
   06/13/95  House  Ordered enrolled for ratification HJ-35
   06/15/95         Ratified R 219
   07/20/95         Signed By Governor
   07/20/95         Effective date 07/20/95; however, Sec. 2 applies
                     to bi-annual licenses or permits issued after 06/30/92
   09/27/95         Copies available
   09/27/95         Act No. 144

AN ACT 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 SECTION 61-1-105 RELATING TO THE REFUND OF THE AMOUNT OF THE LICENSE OR PERMIT FEE IF A LICENSEE OR PERMITTEE LOSES HIS BUSINESS LEASE, OR CLOSES THE BUSINESS DUE TO FIRE OR OTHER NATURAL DISASTER OR DIES WITHIN THE FIRST YEAR OF THE LICENSE OR PERMIT PERIOD, SO AS TO DELETE THE SPECIFIC REASONS AND PROVIDE THAT IT MUST BE REFUNDED FOR ANY REASON IF OCCURRING DURING THE FIRST YEAR AND PROVIDE THAT 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; 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, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN BIENNIAL LICENSES AND PERMITS ISSUED AFTER JUNE 30, 1992.

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

Prorated licenses

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 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)."

Refunds

SECTION 2. Section 61-1-105 of the 1976 Code is amended to read:

"Section 61-1-105. 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."

Expiration dates

SECTION 3. 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. 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;

Expiration dates

SECTION 4. 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. 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."

Expiration dates

SECTION 5. 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) 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)."

Repeal

SECTION 6. Section 12-33-220 of the 1976 Code is repealed.

Time effective

SECTION 7. This act takes effect upon approval by the Governor; however, Section 2 applies to bi-annual licenses or permits issued after June 30, 1992.

Approved the 20th day of July, 1995.