H*4870(Rat #0481, Act #0363 of 1998)  General Bill, By Jennings, J.M. Baxley, 
Harrell, Knotts and Scott
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH
 PROTESTS MAY BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL
 LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE
 INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS FEES WHEN A
 PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND;
 AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A
 MINIBOTTLE LICENSE, SO AS TO PROHIBIT ISSUANCE OF A PERMANENT MINIBOTTLE
 LICENSE UNTIL INTERESTED PERSONS HAVE BEEN HEARD.-AMENDED TITLE

   03/24/98  House  Introduced and read first time HJ-8
   03/24/98  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   05/19/98  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Labor, Commerce and Industry HJ-4
   05/21/98  House  Amended HJ-32
   05/21/98  House  Read second time HJ-36
   05/21/98  House  Roll call Yeas-67  Nays-26 HJ-36
   05/27/98  House  Read third time and sent to Senate HJ-56
   05/28/98  Senate Introduced and read first time SJ-10
   05/28/98  Senate Referred to Committee on Judiciary SJ-10
   06/02/98  Senate Recalled from Committee on Judiciary SJ-17
   06/02/98  Senate Read second time SJ-17
   06/02/98  Senate Ordered to third reading with notice of
                     amendments SJ-17
   06/03/98  Senate Read third time and enrolled
   06/04/98         Ratified R 481
   06/11/98         Became law without Governor's signature
   06/11/98         Effective date This act takes effect 08/01/98
                     (first day of second month following approval)
                     and applies with respect to applications for
                     beer & wine permits & minibottle licenses filed
                     on or after that date
   06/19/98         Copies available
   06/19/98         Act No. 363

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MUST BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO PROHIBIT ISSUANCE OF A PERMANENT MINIBOTTLE LICENSE UNTIL INTERESTED PERSONS HAVE BEEN HEARD.

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

Protest of beer and wine permit

SECTION 1. Article 5, Chapter 4, Title 61 of the 1976 Code is amended by adding:

Section 61-4-525. A person residing in the county in which a beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.

Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Judge Division.

If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.

A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a fine or penalty to include court costs.

Protest of retail liquor license

SECTION 2. Subarticle 1, Article 3, Chapter 61 of the 1976 Code is amended by adding:

"Section 61-6-185. A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.

Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.

If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."

Protest of minibottle license

SECTION 3. Subarticle 3, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1825. A person residing in the county in which a minibottle license is requested to be granted, or a person residing within five miles of the location for which a minibottle permit is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:

(1) the name, address, and telephone number of the person filing the protest;

(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;

(3) the specific reasons why the application should be denied; and

(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.

Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.

If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.

A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs."

Criteria for license

SECTION 4. Section 61-6-1820 of the 1976 Code, as added by Act 415 of 1996, is amended by amending the last paragraph to read:

"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."

Time effective

SECTION 5. This act takes effect on the first day of the second month following approval by the Governor and applies with respect to applications for beer and wine permits and minibottle licenses filed on or after that date.

Became law without the signature of the Governor -- 06/11/98.