H 3806 Session 110 (1993-1994)
H 3806 General Bill, By S.E. Gonzales
A Bill to amend Sections 4-9-25 and 5-7-30, as amended, Code of Laws of South
Carolina, 1976, relating to powers of counties and municipalities, so as to
provide that counties and municipalities may prohibit the sale of beer, wine,
and alcoholic beverages during certain hours and to provide that existing
ordinances prohibiting certain sale hours are confirmed and ratified.
03/31/93 House Introduced and read first time HJ-6
03/31/93 House Referred to Committee on Judiciary HJ-7
A BILL
TO AMEND SECTIONS 4-9-25 AND 5-7-30, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS
OF COUNTIES AND MUNICIPALITIES, SO AS TO PROVIDE
THAT COUNTIES AND MUNICIPALITIES MAY PROHIBIT THE
SALE OF BEER, WINE, AND 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 4-9-25 of the 1976 Code, as added by Act 139
of 1989, is amended to read:
"Section 4-9-25. All counties of the State, in addition to the
powers conferred to their specific form of government, have authority
to enact regulations, resolutions, and ordinances, not inconsistent with
the Constitution and general law of this State, including the exercise of
these powers in relation to health and order in counties or respecting any
subject as appears to them necessary and proper for the security, general
welfare, and convenience of counties or for preserving health, peace,
order, and good government in them including, but not limited to,
the authority to prohibit the sale of beer, wine, or alcoholic beverages for
on-premises consumption between the hours of two o'clock a.m. and
eight o'clock a.m., notwithstanding the provisions of Section
61-5-190. The powers of a county must be liberally construed in
favor of the county and the specific mention of particular powers may
not be construed as limiting in any manner the general powers of
counties."
SECTION 2. The first paragraph of Section 5-7-30 of the 1976 Code,
as last amended by Act 495 of 1988, is further amended to read:
"Each municipality of the State, in addition to the powers
conferred to its specific form of government, may enact regulations,
resolutions, and ordinances, not inconsistent with the Constitution and
general law of this State, including the exercise of powers in relation to
roads, streets, markets, law enforcement, health, and order in the
municipality or respecting any subject which appears to it necessary and
proper for the security, general welfare, and convenience of the
municipality or for preserving health, peace, order, and good
government in it, including prohibiting the sale of beer, wine, or
alcoholic beverages for on-premises consumption between the hours of
two o'clock a.m. and eight o'clock a.m., notwithstanding the provisions
of Section 61-5-190; and the authority to levy and collect taxes on
real and personal property and as otherwise authorized in this section,
make assessments, and establish uniform service charges relating to
them; the authority to abate nuisances; grant franchises for the use of
public streets and make charges for them; engage in the recreation
function; levy a business license tax on gross income, but a wholesaler
delivering goods to retailers in a municipality is not subject to the
business license tax unless he maintains within the corporate limits of
the municipality a warehouse or mercantile establishment for the
distribution of wholesale goods; and a business engaged in making loans
secured by real estate is not subject to the business license tax unless it
has premises located within the corporate limits of the municipality and
no entity which is exempt from the license tax under another law nor a
subsidiary or affiliate of such an exempt entity is subject to the business
license tax; borrow in anticipation of taxes; and pledge revenues to be
collected and the full faith and credit of the municipality against its note
and conduct advisory referenda. The municipal governing body may fix
fines and penalties for the violation of municipal ordinances and
regulations not exceeding two hundred dollars or imprisonment not
exceeding thirty days."
SECTION 3. County ordinances and municipal ordinances existing on
this act's effective date which prohibit the sale of beer, wine, or alcoholic
beverages for on-premises consumption between the hours of two
o'clock a.m. and eight o'clock a.m. are confirmed and ratified.
SECTION 4. This act takes effect upon approval by the Governor.
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