H*3241(Rat #0606, Act #0519 of 1986)  General Bill, By Fair

Similar(S 813)
 A Bill to amend Section 61-13-290, Code of Laws of South Carolina, 1976,
 relating to the offense of selling liquor to a minor, so as to make it
 unlawful for any person engaged in the sale of alcoholic liquors to knowingly
 sell the liquors to a person under the age of twenty-one, to provide a
 penalty, and to provide that failure of any person to require identification
 to verify a person's age is prima facie evidence of the violation of this
 Section; and to amend Section 61-9-40, as amended, relating to the unlawful
 sale of beer, ale, porter, wine, or other similar malt or fermented beverages
 to a person under the age of twenty-one, so as to make it unlawful to sell
 these beverages to any person under the age of twenty and effective September
 14, 1986, under the age of twenty-one, and require that the failure of any
 person to require identification to verify a person's age is prima facie
 evidence of the violation of this Section.-amended title

   12/23/85  House  Prefiled
   12/23/85  House  Referred to Committee on Judiciary
   01/14/86  House  Introduced and read first time HJ-89
   01/14/86  House  Referred to Committee on Judiciary HJ-90
   05/08/86  House  Committee report: Favorable with amendment
                     Judiciary HJ-2912
   05/21/86  House  Amended HJ-3176
   05/21/86  House  Read second time HJ-3178
   05/22/86  House  Read third time and sent to Senate HJ-3242
   05/23/86  Senate Introduced and read first time SJ-3004
   05/23/86  Senate Referred to Committee on Judiciary SJ-3004
   05/28/86  Senate Committee report: Favorable with amendment
                     Judiciary SJ-3317
   06/02/86  Senate Amended SJ-3458
   06/02/86  Senate Read second time SJ-3459
   06/02/86  Senate Unanimous consent for third reading on next
                     legislative day SJ-3459
   06/03/86  Senate  Read third time SJ-3486
   06/03/86  Senate Returned SJ-3486
   06/03/86  House  Concurred in Senate amendment and enrolled HJ-3562
   06/05/86         Ratified R 606
   06/13/86         Signed By Governor
   06/13/86         Effective date 09/01/86
   06/13/86          See Act for explanation of effective date
   06/13/86         Act No. 519
   06/20/86         Copies available

AN ACT TO AMEND SECTION 61-13-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SELLING LIQUOR TO A MINOR, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON ENGAGED IN THE SALE OF ALCOHOLIC LIQUORS TO KNOWINGLY SELL THE LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION; AND TO AMEND SECTION 61-9-40, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGES TO A PERSON UNDER THE AGE OF TWENTY-ONE, SO AS TO MAKE IT UNLAWFUL TO SELL THESE BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER THE AGE OF TWENTY-ONE, AND REQUIRE THAT THE FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION.

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

Penalty

SECTION 1. Section 61-13-290 of the 1976 Code is amended to read:

"Section 61-13-290. (a) Any person engaged in the sale of alcoholic liquors who knowingly sells the liquors to a person under the age of twenty-one is guilty of a misdemeanor and must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(b) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section."

Penalty

SECTION 2. Section 61-9-40 of the 1976 Code, as last amended by Act 117 of 1985, is further amended to read:

"Section 61-9-40. (A) It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age. Any person making such unlawful sale must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(B) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section."

Time effective

SECTION 3. This act shall take effect on the first day of the third month following approval by the Governor.