S 0161 General Bill, By Elliott
 A BILL TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE
 THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF
 VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS
 DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED
 BY THE COURT.

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-158
   01/11/05  Senate Referred to Committee on Judiciary SJ-158
   03/02/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-12
   03/03/05  Senate Amended SJ-36
   03/03/05         Scrivener's error corrected
   04/19/05  Senate Read second time SJ-47
   04/20/05  Senate Read third time and sent to House SJ-22
   04/26/05  House  Introduced and read first time HJ-11
   04/26/05  House  Referred to Committee on Judiciary HJ-11

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 3, 2005

S. 161

S. Printed 3/3/05--S.    [SEC 3/3/05 3:58 PM]

Read the first time January 11, 2005.

TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.

Amend Title To Conform

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

SECTION    1.    Section 61-4-50 of the 1976 Code is amended to read:

"Section 61-4-50.    (A)    It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, pleading guilty, pleading nolo contendere, or being convicted:

(1)    for a first offense, be 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, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)    for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)    for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years, or both, in the discretion of the court.

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

SECTION    2.    Section 61-6-4080 of the 1976 Code is amended to read:

"Section 61-6-4080.    (A)    A 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, upon conviction, be 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. It is unlawful for a person engaged in the sale of alcoholic liquors to knowingly sell the liquors to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon pleading guilty, pleading nolo contendere, or being convicted:

(1)    for a first offense, be 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, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)    for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)    for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years or both, in the discretion of the court.

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

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