H 3672 General Bill, By Fleming, Bales, Cato, Gamble, Gilham, Hamilton, Hayes, 
Limehouse, Mason, Riser, Sandifer, R. Smith, Tripp and Vaughn
 A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF
 BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD
 DAY-CARE FACILITIES, TO DEFINE "CHILD DAY-CARE FACILITIES", AND TO REVISE THE
 METHOD OF MEASURING FOR THESE REQUIREMENTS SO AS TO PROVIDE THAT MEASUREMENTS
 MUST BE MADE ONLY ALONG LEGAL PEDESTRIAN AND VEHICULAR TRAVEL ROUTES.

   03/04/99  House  Introduced and read first time HJ-5
   03/04/99  House  Referred to Committee on Judiciary HJ-5

TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAY-CARE FACILITIES, TO DEFINE "CHILD DAY-CARE FACILITIES", AND TO REVISE THE METHOD OF MEASURING FOR THESE REQUIREMENTS SO AS TO PROVIDE THAT MEASUREMENTS MUST BE MADE ONLY ALONG LEGAL PEDESTRIAN AND VEHICULAR TRAVEL ROUTES.

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

SECTION 1. Section 61-6-120(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"(A) The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any church, school, child day-care facility, or playground situated within a municipality or within five hundred feet of any church, school, child day-care facility, or playground situated outside of a municipality. Such distance shall must be computed by following the shortest route of ordinary and legal pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, child day-care facility, or playground, which, as used herein in this section, shall be is defined as follows:

(1) 'church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2) 'school', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3) 'playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation; and

(4) 'child day-care facility', an establishment required to be licensed or registered pursuant to Subarticle 11, Article 13, Chapter 7 of Title 20, and includes such facilities for which licensing is voluntary.

The above restrictions do not apply to the renewal of licenses, and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department, or to new applications for locations if the church, school, child day-care facility, or playground moved within the prohibited distance while the location was licensed and the new application is filed within one year of the end of the licensing period for the previous license."

SECTION 2. This act takes effect July 1, 1999.