H 3889 Session 110 (1993-1994)
H 3889 General Bill, By J.G. McAbee and R.M. Young
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 5
to Chapter 5, Title 61 so as to provide for hospitality cabinets.
04/07/93 House Introduced and read first time HJ-38
04/07/93 House Referred to Committee on Labor, Commerce and
Industry HJ-38
05/26/93 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-8
06/01/93 House Amended HJ-18
06/01/93 House Objection by Rep. Marchbanks & Simrill HJ-18
06/01/93 House Debate adjourned until Wednesday, June 2, 1993 HJ-19
06/02/93 House Objection by Rep. Robinson & Wells HJ-24
06/02/93 House Amended HJ-24
06/02/93 House Read second time HJ-25
06/03/93 House Read third time and sent to Senate HJ-16
06/03/93 Senate Introduced and read first time SJ-23
06/03/93 Senate Referred to Committee on Judiciary SJ-23
AMENDED
June 2, 1993
H. 3889
Introduced by REPS. McAbee and R. Young
S. Printed 6/2/93--H.
Read the first time April 7, 1993.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO
PROVIDE FOR HOSPITALITY CABINETS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by
adding:
"Article 5
Hospitality Cabinets
Section 61-5-510. As used in this article:
(1) `Alcoholic beverages' means alcoholic liquors, as defined in
Section 61-3-20, and beer and wine, as defined in Section 61-9-10.
(2) `Legal drinking age' means the age when a person legally may
purchase or consume an alcoholic beverage.
(3) `Hospitality cabinet' means a closed container, refrigerated in
whole or in part or nonrefrigerated, where access to the interior portion
where alcoholic beverages are contained is restricted by means of a
locking device which requires the use of a key, magnetic card, or similar
device.
(4) `Qualified facility' means a hotel, inn, or motel licensed to sell
alcoholic beverages for on-premises consumption and which contains
guest room accommodations. It includes condominiums owned or
managed by an otherwise qualified facility.
(5) `Qualified registered guest' means each person of legal drinking
age who signs the guest register of a qualified facility or takes equivalent
action for the purpose of registering as a guest of the qualified facility.
Section 61-5-520. After approval by ordinance by the governing
body of the county or municipality in which a qualified facility licensed
to sell alcoholic beverages on its premises is located, the qualified
facility also may sell the beverages in sealed containers in individual
portions to its qualified registered guests by means of a hospitality
cabinet located in the rooms of these guests, if the conditions of this
chapter are met. Within ten days of approval by the governing body,
qualified facilities within its jurisdiction and the South Carolina
Alcoholic Beverage Control Commission must be notified of the
approval.
Section 61-5-530. (A) The type of alcoholic beverages contained
in a hospitality cabinet of a qualified facility is limited to those
beverages for which the facility is licensed to sell on premises.
(B) The hospitality cabinet may contain no more than thirty
individual portions of alcoholic beverages at one time.
Section 61-5-540. A hospitality cabinet may be part of another
furniture unit or device, refrigerated in whole or in part or
nonrefrigerated, from which nonalcoholic beverages or food may be
purchased by the guests in qualified facility guest rooms. However, if
nonalcoholic beverages or food may be purchased, the portion of the
hospitality cabinet or similar device in which alcoholic beverages are
stored must be a hospitality cabinet as defined in Section 61-5-510.
Section 61-5-550. (A) Those portions of a hospitality cabinet
containing alcoholic beverages must remain locked at all times when a
guest room is unrented, except for taking inventory or restocking and
replenishing the hospitality cabinet.
(B) Access to a hospitality cabinet in a particular guest room must
be provided, by furnishing a key, magnetic card, or similar device, only
to a qualified registered guest of legal drinking age, if any, registered to
stay in the guest room. However, access must be limited to those hours
that the qualified facility is licensed to sell alcoholic beverages.
(C) Before providing a key, magnetic card, or similar device required
to obtain access to the hospitality cabinet in a particular guest room to
the qualified registered guest, the licensee shall verify that the qualified
registered guest is of legal drinking age.
(D) A key, magnetic card, or similar device required to obtain access
to the hospitality cabinet in a particular guest room may be given only
to the qualified registered guest if requested by that guest and if the
guest is not visibly or obviously intoxicated.
Section 61-5-560. (A) Alcoholic beverages used to restock and
replenish a facility's hospitality cabinets must be kept locked in a
separate, secure room or cabinet, except when the hospitality cabinets
are restocked and replenished.
(B) The hospitality cabinets may be restocked and replenished with
alcoholic beverages only during those hours when the beverages may be
sold on the premises.
Section 61-5-570. The governing body of the county or municipality
in which a qualified facility is located may disallow the use of
hospitality cabinets within its jurisdiction after approval pursuant to
Section 61-5-520. This authority may be exercised by the governing
body by ordinance which takes effect three months after receipt of its
certification by the South Carolina Alcoholic Beverage Control
Commission and notification of qualified facilities within the
jurisdiction.
Section 61-5-580. The Alcoholic Beverage Control Commission
shall promulgate regulations to implement this article."
SECTION 2. This act takes effect upon approval by the Governor.
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