H 3318 Session 111 (1995-1996)
H 3318 General Bill, By P.H. Thomas, Dantzler, J.G. Felder, Law, L.M. Martin,
Quinn, T.F. Rogers and W.J. Young
A Bill to amend Section 61-5-20, as amended, Code of Laws of South Carolina,
1976, relating to the transportation, possession, and consumption of alcoholic
liquor, so as to delete the provisions for alcoholic liquors in sealed
containers of two ounces or less and provide for alcoholic liquor by the
drink; and to amend Section 61-5-130, as amended, relating to the tax on
alcoholic liquors in sealed containers of two ounces or less, so as to delete
the tax on the containers and related requirements and provide for a tax on
each liter.
01/19/95 House Introduced and read first time HJ-4
01/19/95 House Referred to Committee on Ways and Means HJ-4
A BILL
TO AMEND SECTION 61-5-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
TRANSPORTATION, POSSESSION, AND CONSUMPTION OF
ALCOHOLIC LIQUOR, SO AS TO DELETE THE PROVISIONS
FOR ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF
TWO OUNCES OR LESS AND PROVIDE FOR ALCOHOLIC
LIQUOR BY THE DRINK; AND TO AMEND SECTION
61-5-130, AS AMENDED, RELATING TO THE TAX ON
ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO
OUNCES OR LESS, SO AS TO DELETE THE TAX ON THE
CONTAINERS AND RELATED REQUIREMENTS AND
PROVIDE FOR A TAX ON EACH LITER.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 61-5-20 of the 1976 Code, as last
amended by Section 1584, Act 181 of 1993, is further amended to
read:
"Section 61-5-20. (A) Notwithstanding any
other provision of law, it shall be lawful, Subject to the
provisions of Section 61-5-30, for any a person
who is twenty-one years of age or older to
may transport, possess, or consume lawfully
acquired alcoholic liquors in accordance with the following:
(1) Any A person may transport alcoholic
liquors to and from any a place where alcoholic
liquors may be lawfully possessed or consumed; but
lawfully. However, if the cap or seal on the container has
been opened or broken, it shall be is unlawful to
transport such the liquors in any a
motor vehicle, except in the luggage compartment or cargo area.
(2) Any A person may possess or consume
alcoholic liquors:
(a) in a private residence, hotel room, or motel
room;
(b) Or on any other property not engaged in
any a business or commercial activity, at private
gatherings, receptions, or occasions of a single and isolated nature,
and not on any a repetitive or continuous basis,
with the express permission of the owner and any other
person persons in possession of such
property, and to which the general public is not invited;
provided,. However, this shall does
not be construed to permit or in any way authorize
the possession or consumption of alcoholic liquors on premises
open to the general public for which a license has been obtained
pursuant to subsections items (3) and (4) of this
section.;
(c) in separate and private areas of an establishment
whether or not such the establishment includes
premises which are licensed pursuant to subsections
items (3) and (4) of this section, where specific
individuals have leased such the areas for a function
not open to the general public.
(3) Nonprofit organizations with limited membership, not
open to the general public, established for social, benevolent,
patriotic, recreational, or fraternal purposes may be licensed
to sell alcoholic liquors and beverages in sealed containers of
two ounces or less liquor by the drink. Members or
guests of members of such the organizations may
consume alcoholic liquors and beverages sold in such
containers liquor upon the premises between the
hours of ten o'clock in the morning a.m. and
two o'clock on a.m. the following morning
day.
(4) Except on Sunday, it shall be is lawful to
sell and consume alcoholic liquors and beverages sold in sealed
containers of two ounces or less liquor by the drink in
any a business establishment between the hours
of ten o'clock in the morning a.m. and two
o'clock a.m. the following morning, provided
day if the establishment meets all of the following
requirements:
(a) The business is bona fide engaged primarily and
substantially in the preparation and serving of meals or furnishing
of lodging; and.
(b) The business has a license from the department
permitting the sale and consumption of alcoholic liquors and
beverages, liquor which is conspicuously
displayed conspicuously on the main entrance to the
premises and clearly visible from the outside.
(5) Provided, that the purchaser shall break the seal unless
the seller shall break the seal in the presence of the purchaser and
deliver the container.
(6) No A person shall may not
serve or deliver to a purchaser any alcoholic liquors in
sealed containers liquor in a business where
such the sales are authorized unless such
the person has attained the age of eighteen years;
nothing contained herein shall be construed as allowing.
This section does not allow bartenders under the age of
twenty-one years.
(B) Where an establishment or organization is licensed to
sell alcoholic liquors and beverages in sealed containers of two
ounces or less in this title, it means an establishment or organization
licensed to sell alcoholic liquor by the drink pursuant to this
section."
SECTION 2. Section 61-5-130 of the 1976 Code, as last
amended by Section 1584, Act 181 of 1993, is further amended to
read:
"Section 61-5-130. Notwithstanding any other
provision of law to the contrary, alcoholic liquors and beverages
sold in sealed containers of two ounces or less shall be taxed at the
rate of twenty-five cents per container in addition to the case tax as
prescribed in Article 5, Chapter 33, Title 12 and collected as those
taxes are collected. Taxes levied in Article 3 of that chapter shall
not apply.
Alcoholic beverages in sealed containers of two ounces or less as
authorized to be sold in this article shall be purchased only by a
person licensed under this article, in case lots and only from
licensed liquor retailers. Any retailer who sells such beverages in
such containers to other than a person licensed under this article
shall be deemed guilty of a misdemeanor and upon conviction be
fined not more than one thousand dollars and be subject to
suspension or revocation of his retail license at the discretion of the
department.
As used in this paragraph a person licensed under this article
shall include his designated agent as a purchaser. No person
licensed under the provisions of subsections (3) and (4) of Section
61-5-20 shall be licensed as a retail liquor dealer on the same
premises. (A) Alcoholic beverages must not be sold in this
State in containers of less than .375 milliliters.
(B) Alcoholic beverages sold in an establishment licensed
pursuant to Section 61-5-20 may be obtained only from dealers
licensed pursuant to this title on which all taxes imposed by this
State have been paid.
(C) In addition to other taxes imposed by law, there is imposed
an excise tax equal to twenty cents on each alcoholic beverage
poured in an establishment or organization licensed pursuant to
Section 61-5-20. A receipt must be issued for each alcoholic
beverage poured that separately lists the excise tax imposed by this
subsection. The tax imposed by this section must be reported, paid,
enforced, and collected in the manner that sales taxes imposed
pursuant to Chapter 36 of Title 12 are reported, paid, enforced, and
collected. The revenues of this excise tax must be used for the
same purposes as the revenues of the former minibottle
tax."
SECTION 3. This act takes effect on the first day of the second
month following ratification of an amendment to the Constitution of
this State authorizing the sale of liquor by the drink.
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