H*3457(Rat #0161, Act #0107 of 2007)  General Bill, By Mack, Breeland, R. Brown, 
Hosey, Limehouse and Stavrinakis
 AN ACT TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER
 OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT
 INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE
 REVOKED OR SUSPENDED; TO AMEND SECTION 61-4-10, AS AMENDED, RELATING TO THE
 DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC
 BEVERAGES, SO AS TO INCREASE THE SIZE OF CONTAINERS; TO AMEND SECTION
 61-4-737, RELATING TO WINE TASTINGS, SO AS TO ALLOW TWENTY-FOUR WINE TASTINGS
 BY A RETAILER IN A QUARTER RATHER THAN IN A YEAR. - ratified title

   02/07/07  House  Introduced and read first time HJ-7
   02/07/07  House  Referred to Committee on Judiciary HJ-7
   04/18/07  House  Recalled from Committee on Judiciary HJ-94
   04/24/07  House  Debate adjourned until Wednesday, April 25, 2007 HJ-122
   04/25/07  House  Debate adjourned until Thursday, April 26, 2007 HJ-33
   04/26/07  House  Amended HJ-13
   04/26/07  House  Debate interrupted HJ-15
   04/26/07  House  Requests for debate-Rep(s). Harrison, Lucas,
                     Bales, Loftis, Witherspoon, Scott, Hart,
                     Skelton, Ott, Vick, Agnew, Hiott, Jefferson,
                     Herbkersman, Breeland, Brantley, Bedingfield,
                     and Govan HJ-17
   05/02/07  House  Read second time HJ-63
   05/02/07  House  Roll call Yeas-103  Nays-0 HJ-65
   05/03/07  House  Read third time and sent to Senate HJ-161
   05/03/07  Senate Introduced and read first time SJ-9
   05/03/07  Senate Referred to Committee on Judiciary SJ-9
   05/07/07  Senate Referred to Subcommittee: Gregory (ch), Elliott,
                     Anderson, Ritchie, Cleary
   06/06/07  Senate Recalled from Committee on Judiciary SJ-23
   06/06/07  Senate Amended SJ-71
   06/06/07  Senate Read second time SJ-71
   06/07/07  Senate Read third time and returned to House with
                     amendments SJ-81
   06/07/07  House  Concurred in Senate amendment and enrolled HJ-157
   06/12/07         Ratified R 161
   06/18/07         Signed By Governor
   06/20/07         Copies available
   06/20/07         Effective date 06/18/07
   06/27/07         Act No. 107

(A107, R161, H3457)

AN ACT TO AMEND SECTION 61-4-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OR SUSPENSION OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO REQUIRE NOTIFICATION TO THE LICENSEE AND AN INDEPENDENT INVESTIGATION BY THE DEPARTMENT OF REVENUE BEFORE A LICENSEE'S PERMIT MAY BE REVOKED OR SUSPENDED; TO AMEND SECTION 61-4-10, AS AMENDED, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE SIZE OF CONTAINERS; TO AMEND SECTION 61-4-737, RELATING TO WINE TASTINGS, SO AS TO ALLOW TWENTY-FOUR WINE TASTINGS BY A RETAILER IN A QUARTER RATHER THAN IN A YEAR.

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

Alcoholic beverages, beer and wine permits, investigation requirements

SECTION    1.    Section 61-4-590 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-4-590.    (A)    The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative Law Court is not automatically superseded or stayed by the filing of a petition for judicial review.

(B)    In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend or revoke a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended."

Alcoholic beverages, beer and wine, definition

SECTION     2.    Section 61-4-10 of the 1976 Code, as last amended by Act 14 of 2007, is further amended to read:

"Section 61-4-10.    The following are declared to be nonalcoholic and nonintoxicating beverages:

(1)    all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;

(2)    all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent; and

(3)    all wines containing not in excess of twenty-one percent of alcohol by volume."

Alcoholic beverages, wine tastings

SECTION    3.    Section 61-4-737 of the 1976 Code is amended to read:

"Section 61-4-737.    Notwithstanding any other provision of law or regulation, the holder of a retail wine permit for off-premises consumption whose primary product is beer, wine, or distilled spirits may conduct, in accordance with department rulings or regulations, not more than twenty-four wine tastings at the retail location in a calendar quarter."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 12th day of June, 2007.

Approved the 18th day of June, 2007.