H 3720 General Bill, By S.E. Gonzales, M.O. Alexander, J.J. Bailey, R.A. Barber, 
Breeland, H. Brown, A.W. Byrd, R.C. Fulmer, Harrell, J. Hines, D.N. Holt, 
Inabinett, D.E. McTeer, Meacham, Richardson, Riser, Simrill, Vaughn, 
L.S. Whipper, S.S. Wofford and Young-Brickell
 A Bill to amend Section 61-5-190, Code of Laws of South Carolina, 1976,
 relating to the authority of the South Carolina Alcoholic Beverage Control
 Commission to regulate alcoholic beverage retail sales location operations, so
 as to provide that no provision of Title 61 pre-empts a county or municipality
 from prohibiting the sale of alcoholic beverages during certain hours and to
 provide that existing ordinances prohibiting certain sale hours are confirmed
 and ratified.

   03/16/93  House  Introduced and read first time HJ-8
   03/16/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8

A BILL

TO AMEND SECTION 61-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE ALCOHOLIC BEVERAGE RETAIL SALES LOCATION OPERATIONS, SO AS TO PROVIDE THAT NO PROVISION OF TITLE 61 PRE-EMPTS A COUNTY OR MUNICIPALITY FROM PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.

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

SECTION 1. Section 61-5-190 of the 1976 Code is amended to read:

"Section 61-5-190. (A) The South Carolina Alcoholic Beverage Control Commission is the sole and has the exclusive authority empowered to regulate the operation of all retail locations authorized to sell beer, wine, or alcoholic beverages and is authorized to establish such conditions or restrictions which the commission in its discretion considers necessary before issuing or renewing any a license or permit.

(B) Nothing contained in this section may be considered as preventing construed to prevent judicial appeals from decisions of the South Carolina Alcoholic Beverage Control Commission, as allowed by law, nor as limiting or to limit in any way the authority of the courts in interpreting to interpret and applying apply the laws of this State relating to matters administered by the commission.

(C) The provisions of this title do not pre-empt a county or municipality from prohibiting the sale of beer, wine, or alcoholic beverages for on-premise consumption between the hours of two o'clock a.m. and eight o'clock a.m."

SECTION 2. Existing county or municipal ordinances prohibiting the sale of beer, wine, or alcoholic beverages for on-premise consumption between the hours of two o'clock a.m. and eight o'clock a.m. are confirmed and ratified.

SECTION 3. This act takes effect upon approval by the Governor.