S*0033(Rat #0037, Act #0013 of 1997)  General Bill, By Cork, Elliott, McConnell and 
Rankin
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY SUBARTICLE 8, TO
 ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

   01/14/97  Senate Introduced and read first time SJ-95
   01/14/97  Senate Referred to Committee on Judiciary SJ-95
   01/30/97  Senate Committee report: Favorable with amendment
                     Judiciary SJ-14
   02/04/97  Senate Amended SJ-22
   02/04/97  Senate Read second time SJ-22
   02/04/97  Senate Ordered to third reading with notice of
                     amendments SJ-22
   02/05/97  Senate Read third time and sent to House SJ-11
   02/05/97  House  Introduced and read first time HJ-17
   02/05/97  House  Referred to Committee on Judiciary HJ-17
   03/19/97  House  Committee report: Favorable Judiciary HJ-17
   03/25/97  House  Requests for debate-Rep(s). Simrill, Sandifer,
                     Kirsh & Scott HJ-38
   03/25/97  House  Objection by Rep. McMahand HJ-38
   03/25/97  House  Requests for debate removed-Rep(s). Scott HJ-46
   03/25/97  House  Requests for debate-Rep(s). Haskins HJ-46
   03/25/97  House  Requests for debate removed-Rep(s). Haskins HJ-46
   03/25/97  House  Objection by Rep. F. Smith HJ-47
   03/26/97  House  Objection withdrawn by Rep. F. Smith & McMahand HJ-18
   03/26/97  House  Objection by Rep. Davenport, Barrett & Knotts HJ-18
   04/02/97  House  Read second time HJ-99
   04/02/97  House  Roll call Yeas-54  Nays-52 HJ-100
   04/03/97  House  Read third time and enrolled HJ-9
   04/17/97         Ratified R 37
   04/24/97         Became law without Governor's signature
   04/24/97         Effective date 04/24/97
   05/07/97         Copies available
   05/07/97         Act No. 13

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

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

Hospitality cabinets

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

Section 61-6-2300. As used in this subarticle:

(1) 'Alcoholic beverages' means alcoholic liquors, as defined in Section 61-6-20, and beer and wine, as defined in Section 61-4-10.

(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 61-6-2310. 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 Department of Revenue must be notified of the approval.

Section 61-6-2320. (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 its premises.

(B) The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time.

(C) The hours during which guests may have access to a hospitality cabinet are not limited to the hours that the qualified facility is licensed to sell alcoholic beverages unless this provision is specified by the governing body in the ordinance.

Section 61-6-2330. 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 61-6-2300.

Section 61-6-2340. (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, registered to stay in the guest room.

(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 only if the guest is not visibly or obviously intoxicated.

Section 61-6-2350. (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 61-6-2360. The Department of Revenue shall promulgate regulations to implement this article.

Section 61-6-2370. In lieu of the punishment provided in Section 61-2-250 and notwithstanding any other provision of law, a person or qualified facility found guilty of violating the provisions of this subarticle is punishable by a civil fine of not less than one hundred dollars."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 4/24/97.