H*2146(Rat #0101, Act #0058 of 1983)  General Bill, By T.W. Edwards, E.H. Agnew, 
W.D. Arthur, D.M. Beasley, Boan, P.T. Bradley, Carnell, R.L. Cobb, 
C.M. Dangerfield, M.L. Eargle, P. Evatt, F. Gilbert, J.V. Gregory, C.L. Griffin, 
P.B. Harris, Harvin, L.I. Hendricks, B.E. Huff, T.E. Huff, J.E. Kinard, 
T.G. Mangum, J.G. McAbee, McKay, D.L. Ogburn, A.V. Rawl, J.I. Rogers, 
R. Schwartz, D.C. Waldrop and M.H. Westbrook
 A Bill to amend Chapter 9, Title 61, Code of Laws of South Carolina, 1976,
 relating to beer, ale, porter, and wine, by adding Article 10 so as to provide
 that a beer, ale, porter, and other similar malt or fermented beverage
 wholesaler may sell any brand of such products only in a certain territory,
 and to establish the criteria and procedures to be followed in complying with
 this provision, including the requirement that a territorial distribution
 agreement be filed; and to amend Section 61-9-1010, as amended, relating to
 unlawful acts of registered producers and wholesalers of beer, ale, porter,
 and other similar malt or fermented beverages, so as to further provide for
 and revise certain of these unlawful acts.-amended title.

   01/11/83  House  Introduced and read first time HJ-232
   01/11/83  House  Referred to Committee on Ways and Means HJ-232
   02/02/83  House  Committee report: Favorable with amendment Ways
                     and Means HJ-580
   02/08/83  House  Debate adjourned HJ-716
   02/09/83  House  Objection by Rep. Freeman, Aydlette & Campbell HJ-76
   03/01/83  House  Objection withdrawn by Rep. Aydlette HJ-1224
   03/09/83  House  Objection by Rep. Taylor, Woods, White & Gadson HJ-1417
   03/15/83  House  Objection withdrawn by Rep. Gadson HJ-1495
   03/23/83  House  Objection withdrawn by Rep. Taylor, Woods,
                     Freeman & White HJ-1644
   03/24/83  House  Objection withdrawn by Rep. Campbell HJ-1688
   03/30/83  House  Amended HJ-1741
   03/30/83  House  Read second time HJ-1742
   03/31/83  House  Read third time and sent to Senate HJ-1797
   03/31/83  Senate Introduced and read first time SJ-891
   03/31/83  Senate Referred to Committee on Finance SJ-891
   04/06/83  Senate Recalled from Committee on Finance SJ-924
   04/12/83  Senate Retaining place on calendar recommitted to
                     Committee on Finance SJ-978
   04/12/83  Senate  Recommitted for purpose of public hearing
   04/27/83  Senate Committee report: Favorable Finance SJ-1129
   04/27/83  Senate Read second time SJ-1134
   04/27/83  Senate Ordered to third reading with notice of
                     amendments SJ-1135
   04/28/83  Senate Read third time and enrolled SJ-1161
   05/10/83         Ratified R 101
   05/13/83         Signed By Governor
   05/13/83         Effective date 07/13/83
   05/13/83         Act No. 58
   05/19/83         Copies available

AN ACT TO AMEND CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, ALE, PORTER, AND WINE, BY ADDING ARTICLE 10 SO AS TO PROVIDE THAT A BEER, ALE, PORTER, AND OTHER SIMILAR MALT OR FERMENTED BEVERAGE WHOLESALER MAY SELL ANY BRAND OF SUCH PRODUCTS ONLY IN A CERTAIN TERRITORY, AND TO ESTABLISH THE CRITERIA AND PROCEDURES TO BE FOLLOWED IN COMPLYING WITH THIS PROVISION, INCLUDING THE REQUIREMENT THAT A TERRITORIAL DISTRIBUTION AGREEMENT BE FILED; AND TO AMEND SECTION 61-9-1010, AS AMENDED, RELATING TO UNLAWFUL ACTS OF REGISTERED PRODUCERS AND WHOLESALERS OF BEER, ALE, PORTER, AND OTHER SIMILAR MALT OR FERMENTED BEVERAGES, SO AS TO FURTHER PROVIDE FOR AND REVISE CERTAIN OF THESE UNLAWFUL ACTS.

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

Territorial distribution of beer, ale, porter, etc.

SECTION 1. Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Article 10

Section 61-9-1100. Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution and to promote the public's interest in fair and efficient distribution of beer, ale, porter, and other similar malt or fermented beverages, and to assure the public's interest in uniform and effective control of the distribution of such beverage products within the State, a wholesaler may sell any brand of such beverage products in this State only in the territory described in a distribution agreement filed pursuant to this article authorizing sale by the wholesaler of the brand within that designated area. Within that designated area the wholesaler shall service all holders of retail permits without discrimination. The distribution agreement must be in writing, must specify the brands it covers, and must be filed with the Alcoholic Beverage Control Commission hereinafter referred to in this article as the Commission. If a brewer sells several brands, the agreement need not apply to all brands sold by the brewer and may apply to only one brand. No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or any part of the designated territory. A wholesaler may, however, service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when so requested by the brewer and the wholesaler whose service is temporarily interrupted, with the approval of the Commission.

Section 61-9-1110. Each wholesaler must file a copy of its distribution agreement with the Commission within sixty days following the effective date of this article and any amendments thereto must be filed within sixty days after adoption.

Section 61-9-1120. No provision of any distribution agreement may expressly, by implication, or in its operation, establish or maintain the resale price of any brand of such beverage products by a wholesaler."

Unlawful act

SECTION 2. Subsection (c) of Item (2) of Section 61-9-1010 of the 1976 Code is amended to read:

"(c) To refuse to sell to any licensed retail dealer whose place of business is within the geographical limits specified in any distributorship agreement between the beer wholesaler and the registered producer for the brands involved."

Time effective

SECTION 3. This act shall take effect sixty days after approval by the Governor.