H 4402 Joint Resolution, By P.H. Thomas, W.D. Keyserling and I.K. Rudnick
 A Joint Resolution proposing an amendment to Section 1, Article VIII-A of the
 Constitution of South Carolina, 1895, relating to powers of the General
 Assembly pertaining to alcoholic liquors and beverages, so as to delete
 detailed requirements for the regulation of alcoholic liquors and beverages
 and authorize the General Assembly to regulate their consumption.

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Judiciary
   01/11/94  House  Introduced and read first time HJ-43
   01/11/94  House  Referred to Committee on Judiciary HJ-44
   04/20/94  House  Committee report: Favorable Judiciary HJ-4
   05/05/94  House  Debate adjourned until Tuesday, May 10, 1993 HJ-16
   05/10/94  House  Debate adjourned until Wednesday, May 11, 1994 HJ-20
   05/11/94  House  Objection by Rep. Tucker, Kirsh, Corning, Cromer,
                     Meacham, Cato, HJ-72
   05/11/94  House  Objection by Rep. Chamblee, Anderson, Sharpe &
                     Worley HJ-72
   05/18/94  House  Objection withdrawn by Rep. Corning HJ-33

COMMITTEE REPORT

April 20, 1994

H. 4402

S. Printed 4/20/94--H.

Read the first time January 11, 1994.

To whom was referred a Joint Resolution (H. 4402), proposing an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, 1895, relating to powers of the General Assembly pertaining to alcoholic liquors and beverages, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, by striking Section 1 as contained in SECTION 1, beginning on page 2, and inserting:

/Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages.

Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide./

Amend further, SECTION 2, by striking the question and inserting:

/Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption and to maintain the prohibition on delegating to municipalities the power to issue liquor licenses?/

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HODGES, for Committee.

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

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

SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:

"Section 1. In the exercise of the police power the General Assembly shall have has the right to prohibit the manufacture and, sale, and retail, and consumption of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture and, sell, and retail alcoholic liquors or beverages within the State under such rules and restrictions as it deems considers proper; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same. Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article VIII-A of the Constitution of this State be amended so as to delete the detailed requirements for the General Assembly to regulate the manufacture, sale, retail, and consumption of alcoholic liquors and beverages including minibottles and authorize the General Assembly to regulate their consumption?

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."