H 3669 General Bill, By Davenport
 A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING
 SUBARTICLE 4 SO AS TO REQUIRE THAT A PRIVATE NONPROFIT CLUB OR ORGANIZATION
 OBTAIN A LICENSE FROM THE DEPARTMENT OF REVENUE FOR THE POSSESSION OR
 CONSUMPTION OF ALCOHOLIC LIQUORS ON ITS PREMISES AND TO PROVIDE THE CRITERIA
 FOR THE LICENSE; AND TO AMEND SECTION 61-6-1620, RELATING TO THE RESTRICTIONS
 ON MINIBOTTLE LICENSEES, SO AS TO CONFORM THESE PROVISIONS TO THE REQUIREMENT
 OF THIS NEW LICENSE.

   03/04/99  House  Introduced and read first time HJ-4
   03/04/99  House  Referred to Committee on Judiciary HJ-4

TO AMEND ARTICLE 5, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SUBARTICLE 4 SO AS TO REQUIRE THAT A PRIVATE NONPROFIT CLUB OR ORGANIZATION OBTAIN A LICENSE FROM THE DEPARTMENT OF REVENUE FOR THE POSSESSION OR CONSUMPTION OF ALCOHOLIC LIQUORS ON ITS PREMISES AND TO PROVIDE THE CRITERIA FOR THE LICENSE; AND TO AMEND SECTION 61-6-1620, RELATING TO THE RESTRICTIONS ON MINIBOTTLE LICENSEES, SO AS TO CONFORM THESE PROVISIONS TO THE REQUIREMENT OF THIS NEW LICENSE.

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

SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

Section 61-6-1900. (A) A private nonprofit club or organization, as defined in Section 61-6-20(6), must obtain a license from the Department of Revenue before its members are permitted to possess or consume alcoholic liquors in containers other than minibottles on its nonresidential premises.

(B) An organization or a club for whose premises a license is required pursuant to this subarticle knowingly may not allow the possession or consumption of alcoholic liquors on the premises unless a valid license issued pursuant to this subarticle has been obtained and is displayed properly.

Section 61-6-1910. (A) A person making application for a license under this subarticle must submit his application to the department. The applicant must pay a nonrefundable filing fee of one hundred dollars which must accompany the initial application. The department has exclusive authority in issuing, renewing, suspending, or revoking a license pursuant to the provisions of this article.

(B) Applications for licenses must also be accompanied by appropriate license fees payable to the department. License fees must be deposited with the State Treasurer and are refundable if a license is not issued. The fee for the license is one thousand dollars biennially for a nonprofit organization, as defined in Section 61-6-20(6).

(C) A person who initially applies for a license after the first day of a license period must pay license fees in accordance with the schedule provided in this subsection. During the:

(1) first quarter of the license period: the entire fee;

(2) second quarter of the license period: three-fourths of the prescribed fee;

(3) third quarter of the license period: one-half of the prescribed fee;

(4) final quarter of the license period: one-fourth of the prescribed fee.

Section 61-6-1920. (A) The department may issue a license under this subarticle upon finding:

(1) the applicant is a bona fide nonprofit organization;

(2) the applicant organization has a reputation for peace and good order in its community, and its principles are of good moral character;

(3) as to locations established after November 7, 1962, Section 61-6-120 has been complied with;

(4) notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to allow the consumption of liquors on its premises by its members. The department must determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section; and

(5) notice has been given by displaying a sign for fifteen days at the site of the club or establishment. The sign must:

(a) state the type of license sought;

(b) state where an interested person may protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the division.

(B) Upon the written request of a person who resides in the county where the license is requested to be issued, the department must not issue the permanent license until interested persons have been given an opportunity to be heard. The procedures for protesting the issuance or renewal of a license found in Section 61-6-1825 must be followed for protests of pending licenses applied for under this subarticle.

Section 61-6-1930. The department may suspend, revoke, or refuse to renew a license issued pursuant to this subarticle upon finding that:

(1) the organization no longer meets the requirements of Section 61-6-1920; or

(2) the organization has violated a regulation since the issuance of the license; or

(3) the organization has violated a provision of the ABC Act since the issuance of the license; or

(4) the organization permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering."

SECTION 2. Section 61-6-1620 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-1620. (A) This article must not be construed to authorize the possession or consumption of alcoholic liquors in containers other than minibottles on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.

(B) Alcoholic liquors may be possessed or consumed in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public. Provided, however, a license must be obtained pursuant to Subarticle 4 of this chapter, Section 61-6-1900 and other provisions of law, before alcoholic liquors may be possessed or consumed in a private nonprofit club or organization."

SECTION 3. This act takes effect July 1, 1999, and applies to all private nonprofit clubs or organizations which would permit the possession or consumption of alcoholic liquors by its members on its premises after that date.