H 4399 Session 111 (1995-1996)
H 4399 General Bill, By Whatley, Bailey, Haskins, R.J. Herdklotz, H.G. Hutson,
Law and Moody-Lawrence
Similar(S 979)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
61-1-130 so as to prohibit the submission to the Department of Revenue and
Taxation of an application for a retail liquor license for a location within
two years of the rejection of a similar license for the same location, to
require all applications for beer, wine, and alcoholic permit and license
renewals filed with the Department to contain the applicant's statement of
compliance with the requirements of law relating to these permits and licenses
or a record of violations for the location, and to allow the Department to
reject an application when it determines a pattern of violations for the
location; and to amend Section 61-3-440, as amended, relating to the distance
from a church, school, or playground required for a place of business to be
licensed to sell alcoholic liquors, so as to require a minimum one thousand
feet regardless of location, and to exempt from the requirement renewal of
licenses of establishments or locations licensed as of July 1, 1996.
12/20/95 House Prefiled
12/20/95 House Referred to Committee on Labor, Commerce and Industry
01/09/96 House Introduced and read first time HJ-78
01/09/96 House Referred to Committee on Labor, Commerce and
Industry HJ-78
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 61-1-130 SO AS TO PROHIBIT
THE SUBMISSION TO THE DEPARTMENT OF REVENUE
AND TAXATION OF AN APPLICATION FOR A RETAIL
LIQUOR LICENSE FOR A LOCATION WITHIN TWO YEARS
OF THE REJECTION OF A SIMILAR LICENSE FOR THE
SAME LOCATION, TO REQUIRE ALL APPLICATIONS FOR
BEER, WINE, AND ALCOHOLIC LIQUOR PERMIT AND
LICENSE RENEWALS FILED WITH THE DEPARTMENT TO
CONTAIN THE APPLICANT'S STATEMENT OF
COMPLIANCE WITH THE REQUIREMENTS OF LAW
RELATING TO THESE PERMITS AND LICENSES OR A
RECORD OF VIOLATIONS FOR THE LOCATION, AND TO
ALLOW THE DEPARTMENT TO REJECT AN APPLICATION
WHEN IT DETERMINES A PATTERN OF VIOLATIONS FOR
THE LOCATION; AND TO AMEND SECTION 61-3-440, AS
AMENDED, RELATING TO THE DISTANCE FROM A
CHURCH, SCHOOL, OR PLAYGROUND REQUIRED FOR A
PLACE OF BUSINESS TO BE LICENSED TO SELL
ALCOHOLIC LIQUORS, SO AS TO REQUIRE A MINIMUM
ONE THOUSAND FEET REGARDLESS OF LOCATION, AND
TO EXEMPT FROM THE REQUIREMENT RENEWAL OF
LICENSES OF ESTABLISHMENTS OR LOCATIONS
LICENSED AS OF JULY 1, 1996.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 61-3-440 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 61-3-440. The department shall not grant or
issue any license provided for in this chapter, Chapter 7, and Article
3 of Chapter 13, if the place of business is within three hundred
feet of any church, school, or playground situated within a
municipality or within five hundred one thousand feet
of any church, school, or playground situated outside of a
municipality. Such This distance shall
must be computed by following the shortest route of
ordinary pedestrian or vehicular travel along the public thoroughfare
from the nearest point of the grounds in use as part of
such the church, school, or playground
regardless of where the church, school, or playground is actually
situated on the grounds., which, as used herein, shall be
defined as follows:
As used in this section:
(1) `church', means an establishment,
other than a private dwelling, where religious services are
usually conducted;
(2) `school', means an establishment,
other than a private dwelling where the usual processes of education
are usually conducted; and
(3) `playground', means a place, other
than grounds at a private dwelling, which is provided by the
public or members of a community for recreation.
The above restrictions shall do not apply to the
renewal of licenses existing on July 10, 1960 1,
1996, or to locations then existing."
SECTION 2. Chapter 1, Title 61 of the 1976 Code is amended
by adding:
"Section 61-1-130. In addition to all other requirements
for initially issuing or renewing any license or permit under this
chapter:
(1) If the department rejects an application for a retail liquor
license, no application for the same location may be submitted
within two years of the date the previous application was rejected.
(2) Every application to renew a license or permit issued under
this chapter must be reviewed by the department for the location's
record of compliance with the requirements of this chapter and
applicable regulations. Every renewal application must have
attached to it a record of all violations relating to this location in
the current license or permit period. The department may reject an
application when it determines a consistent pattern of
violations."
SECTION 3. This act takes effect July 1, 1996.
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