H*4291(Rat #0625, Act #0495 of 1992)  General Bill, By Young-Brickell, Bailey, 
B.O. Baker, H. Brown, Cato, Cooper, Fair, J.G. Felder, R.C. Fulmer, L.E. Gentry, 
S.E. Gonzales, H.M. Hallman, Haskins, Kirsh, J. Rama, Meacham, Vaughn, 
D.C. Waldrop, C.C. Wells, L.S. Whipper, S.S. Wofford and R.M. Young
 A Bill to amend Section 61-3-490, Code of Laws of South Carolina, 1976,
 relating to notice of intention to apply for an alcoholic liquor license,
 Section 61-5-50, relating to the granting of a license, and Section 61-9-320,
 relating to the qualifications for a beer or wine permit, so as to revise the
 notice requirements for licenses and permits to make them consistent and
 provide for publication of notice in a local newspaper published in the area,
 and, for Section 61-9-320, include partners and co-shareholders of the
 applicant in the requirements; to amend Section 61-3-1000, relating to
 structural and other requirements for retail alcoholic liquor stores or places
 of business, so as to require not more than two means of public ingress or
 egress on the front or same side of the building, except doors may be located
 at the corner of two adjacent sides, delete the requirements for an additional
 delivery or emergency door and for storage areas and toilet facilities, delete
 the requirements for a metal sign and for the location of the sign, and
 authorize an additional sign to be attached to the store, signs in shopping
 center directories, a sign of the licensed premises, and designed parking
 signs; to amend Section 61-3-1010, relating to the display of stock and prices
 in retail alcoholic liquor stores, so as to authorize signs within a store or
 place of business with the price and bottle size in letters of any size if not
 visible from outside; to amend Section 61-3-1020, as amended, relating to the
 prohibition on the conduct of other business in retail retail alcoholic liquor
 stores, so as to authorize the sale of drinking glassware if packaged with
 alcoholic liquors by the wholesaler or manufacturer in packaging provided by
 the producer and the sale of nonalcoholic beverages, other than beer or wine,
 packaged with alcoholic liquors in sealed packages which are packaged by the
 alcoholic liquor producer at its place of business; and to amend the 1976 Code
 by adding Section 61-7-305 so as to prohibit wholesale or retail dealers from
 redeeming proof-of-purchase certificates for promotional items and authorize
 producers to redeem by mail certificates for nonalcoholic promotional
 items.-amended title

   01/29/92  House  Introduced and read first time HJ-7
   01/29/92  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8
   02/26/92  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-16
   02/27/92  House  Amended HJ-26
   02/27/92  House  Read second time HJ-29
   02/27/92  House  Unanimous consent for third reading on next
                     legislative day HJ-29
   02/28/92  House  Read third time and sent to Senate HJ-2
   03/03/92  Senate Introduced and read first time SJ-8
   03/03/92  Senate Referred to Committee on Judiciary SJ-8
   04/01/92  Senate Committee report: Favorable Judiciary SJ-10
   05/20/92  Senate Amended SJ-39
   05/20/92  Senate Read second time SJ-41
   05/20/92  Senate Ordered to third reading with notice of
                     amendments SJ-41
   05/27/92  Senate Amended SJ-87
   05/28/92  Senate Amended SJ-20
   05/28/92  Senate Read third time and returned to House with
                     amendments SJ-20
   06/03/92  House  Senate amendment amended HJ-109
   06/03/92  House  Returned to Senate with amendments HJ-112
   06/04/92  Senate Non-concurrence in House amendment SJ-126
   06/04/92  House   Recedes from amendments HJ-40
   06/04/92  Senate Ordered enrolled for ratification SJ-157
   06/04/92         Ratified R 625
   06/30/92         Signed By Governor
   06/30/92         Effective date 06/30/92
   06/30/92         Act No. 495
   07/14/92         Copies available

AN ACT TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO REVISE THE NOTICE REQUIREMENTS FOR LICENSES AND PERMITS TO MAKE THEM CONSISTENT AND PROVIDE FOR PUBLICATION OF NOTICE IN A LOCAL NEWSPAPER PUBLISHED IN THE AREA, AND, FOR SECTION 61-9-320, INCLUDE PARTNERS AND CO-SHAREHOLDERS OF THE APPLICANT IN THE REQUIREMENTS; TO AMEND SECTION 61-3-1000, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL ALCOHOLIC LIQUOR STORES OR PLACES OF BUSINESS, SO AS TO REQUIRE NOT MORE THAN TWO MEANS OF PUBLIC INGRESS OR EGRESS ON THE FRONT OR SAME SIDE OF THE BUILDING, EXCEPT DOORS MAY BE LOCATED AT THE CORNER OF TWO ADJACENT SIDES, DELETE THE REQUIREMENTS FOR AN ADDITIONAL DELIVERY OR EMERGENCY DOOR AND FOR STORAGE AREAS AND TOILET FACILITIES, DELETE THE REQUIREMENTS FOR A METAL SIGN AND FOR THE LOCATION OF THE SIGN, AND AUTHORIZE AN ADDITIONAL SIGN TO BE ATTACHED TO THE STORE, SIGNS IN SHOPPING CENTER DIRECTORIES, A SIGN OF THE LICENSED PREMISES, AND DESIGNATED PARKING SIGNS; TO AMEND SECTION 61-3-1010, RELATING TO THE DISPLAY OF STOCK AND PRICES IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE SIGNS WITHIN A STORE OR PLACE OF BUSINESS WITH THE PRICE AND BOTTLE SIZE IN LETTERS OF ANY SIZE IF NOT VISIBLE FROM OUTSIDE; TO AMEND SECTION 61-3-1020, AS AMENDED, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF DRINKING GLASSWARE IF PACKAGED WITH ALCOHOLIC LIQUORS BY THE WHOLESALER OR MANUFACTURER IN PACKAGING PROVIDED BY THE PRODUCER AND THE SALE OF NONALCOHOLIC BEVERAGES, OTHER THAN BEER OR WINE, PACKAGED WITH ALCOHOLIC LIQUORS IN SEALED PACKAGES WHICH ARE PACKAGED BY THE ALCOHOLIC LIQUOR PRODUCER AT ITS PLACE OF BUSINESS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-7-305 SO AS TO PROHIBIT WHOLESALE OR RETAIL DEALERS FROM REDEEMING PROOF-OF-PURCHASE CERTIFICATES FOR PROMOTIONAL ITEMS AND AUTHORIZE PRODUCERS TO REDEEM BY MAIL CERTIFICATES FOR NONALCOHOLIC PROMOTIONAL ITEMS.

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

Notice requirements for alcoholic liquor licenses revised; publication of notice

SECTION 1. Section 61-3-490 of the 1976 Code is amended to read:

"Section 61-3-490. (A) Every person intending to apply for a license under this chapter, Chapter 7, and Article 3 of Chapter 13 shall 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 commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within 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. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(B) Notice also must be 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) tell an interested person where to 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 commission."

Notice requirements for alcoholic liquor licenses revised; publication of notice

SECTION 2. Section 61-5-50 of the 1976 Code is amended to read:

"Section 61-5-50. The commission may grant a license 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, as described in Section 61-5-10.

(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 61-3-440 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 commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within 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. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(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) tell an interested person where to 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 commission."

Notice requirements for beer or wine permits revised; publication of notice; partners and co-shareholders included

SECTION 3. Section 61-9-320 of the 1976 Code is amended to read:

"Section 61-9-320. 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 citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year before the date of application.

(3) The wholesale applicant is a citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year 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 Alcoholic Beverage Control Commission a proper one. The commission 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 its effective date.

(7) 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 commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within 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. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(8) 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) tell an interested person where to 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 commission."

Structural requirements revised; requirements for signs

SECTION 4. Section 61-3-1000 of the 1976 Code is amended to read:

"Section 61-3-1000. Every retail dealer shall 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. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores 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.

Retail dealers may place one sign, not to exceed three feet by three feet, off of their 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 premise indicating the designated parking for his licensed premise. 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.

Signs by retail liquor 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."

Signs for price and bottle size authorized

SECTION 5. Section 61-3-1010 of the 1976 Code is amended to read:

"Section 61-3-1010. Every retail dealer shall display all 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 retailer may display signs within 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."

Sale of drinking glassware and nonalcoholic beverages

SECTION 6. Section 61-3-1020 of the 1976 Code, as last amended by Act 39 of 1991, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030, 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 beverages, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business."

Redemption of proof-of-purchase certificates for promotional items

SECTION 7. The 1976 Code is amended by adding:

"Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."

Time effective

SECTION 8. This act takes effect upon approval by the Governor.

Approved the 30th day of June, 1992.