H 3570 General Bill, By Knotts, Bailey, Davenport, Riser and D.A. Wright
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 61-3-435 so as to make an alcoholic beverage retail dealer's license
 transferable to another holder by sale or will or operation of law and
 prescribe the terms and conditions under which this transfer may occur; to
 authorize a retail license to be moved to a new location and to provide the
 terms and conditions under which this move may occur; to amend Section
 12-33-210, as amended, relating to alcoholic beverage license taxes, so as to
 increase the license tax on the biennial retail dealer's license from one
 thousand two hundred dollars to two thousand four hundred dollars; to amend
 Section 61-3-480, as amended, relating to the authority of the Department of
 Revenue and Taxation to limit the number of alcoholic beverage retail outlets
 in a political subdivision, so as to provide a maximum number of retail
 dealer's licenses allowed in a county based on population, allow current
 licenses to be renewed regardless of the limit, and allow a license in a
 municipality with no location regardless of the limitation, and provide for
 the issuing of retail licenses by lot when the number of applicants exceed the
 number of licenses available.

   02/09/95  House  Introduced and read first time HJ-26
   02/09/95  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-27

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-435 SO AS TO MAKE AN ALCOHOLIC BEVERAGE RETAIL DEALER'S LICENSE TRANSFERABLE TO ANOTHER HOLDER BY SALE OR WILL OR OPERATION OF LAW AND PRESCRIBE THE TERMS AND CONDITIONS UNDER WHICH THIS TRANSFER MAY OCCUR; TO AUTHORIZE A RETAIL LICENSE TO BE MOVED TO A NEW LOCATION AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THIS MOVE MAY OCCUR; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO ALCOHOLIC BEVERAGE LICENSE TAXES, SO AS TO INCREASE THE LICENSE TAX ON THE BIENNIAL RETAIL DEALER'S LICENSE FROM ONE THOUSAND TWO HUNDRED DOLLARS TO TWO THOUSAND FOUR HUNDRED DOLLARS; TO AMEND SECTION 61-3-480, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO LIMIT THE NUMBER OF ALCOHOLIC BEVERAGE RETAIL OUTLETS IN A POLITICAL SUBDIVISION, SO AS TO PROVIDE A MAXIMUM NUMBER OF RETAIL DEALER'S LICENSES ALLOWED IN A COUNTY BASED ON POPULATION, ALLOW CURRENT LICENSES TO BE RENEWED REGARDLESS OF THE LIMIT, AND ALLOW A LICENSE IN A MUNICIPALITY WITH NO LOCATION REGARDLESS OF THE LIMITATION, AND PROVIDE FOR THE ISSUING OF RETAIL LICENSES BY LOT WHEN THE NUMBER OF APPLICANTS EXCEED THE NUMBER OF LICENSES AVAILABLE.

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

SECTION 1. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:

"Section 61-3-435. (A) Notwithstanding any other provision of law and in the case of a retail dealer's license only:

(1) a license may be sold in the existing location to any purchaser approved by the department who otherwise would qualify to hold such a license;

(2) upon the licensee's death, the license shall pass by will or operation of law or personal property of the decedent.

(B) If the department determines that the new holder of a retail license passing pursuant to subsection (A)(2) of this section is ineligible to hold the license pursuant to Section 61-3-420, it may suspend the license until compliance is obtained.

(C) The department shall not allow the transfer of a retail license under any circumstance when the transfer is to a holder in violation of Section 61-3-450, 61-3-460, or 61-3-461.

(D) A transferee holder under the provisions of this section has all the rights under the license of the original license holder, including exemption from the limitation imposed pursuant to Section 61-3-480(A).

(E) A retail dealer's license may be moved to a new location in compliance with Section 61-3-440 and with the approval of the department if the new location in a municipality is not within a radius of one thousand five hundred yards of an existing location or if an unincorporated area, within two thousand yards of an existing location. Removal to a new location is considered a renewal of a license and is subject to the public notice requirement of Section 61-3-490."

SECTION 2. Section 12-33-210(3) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:

"(3) retail dealer's license one two thousand and two four hundred dollars."

SECTION 3. Section 61-3-480 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-480. If, in the judgment of the department, because of the number of retail outlets in any political subdivision, their location within the subdivision or for other reasons the citizens desiring to purchase alcoholic liquors therein are more than adequately served, it may, in its discretion, limit the further issuance of licenses in any such political subdivision.

(A) No more than one retail dealer's license may be issued for each five thousand or major fraction of five thousand of the population of a county. County population must be determined according to the most recent United States Census, but a decline in county population shall not reduce the number of retail licenses allowed under this subsection. If a municipality in the county does not have a location with a retail license within its municipal boundaries, then one retail license is allowed for that municipality regardless of the limitation imposed by this subsection.

(B) Notwithstanding the provisions of subsection (A) of this section, a retail dealer's license in effect on July 1, 1995, may be renewed without regard to the limitation provided in subsection (A).

(C) If the number of retail licenses authorized pursuant to subsection (A) is (1) greater than the number allowed pursuant to subsection (B), and (2) the number of qualified applicants exceed the number of licenses available, then the department shall select licensees by lot. At least one hundred twenty days before the department may issue a retail license pursuant to item (1) of this subsection, it shall provide public notice of its intention to issue the license upon a proper application."

SECTION 4. This act takes effect July 1, 1995.