H*3218(Rat #0034, Act #0014 of 2007)  General Bill, By Harrison, G. Brown, 
Thompson and Mack

Similar(S 432, H 3624)
 AN ACT TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE
 CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY
 WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES FOR SPECIFIC SIZED
 CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION
 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN
 BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE
 PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC
 BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN
 SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER
 PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF
 THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR
 PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY. - ratified title

   01/11/07  House  Introduced and read first time HJ-274
   01/11/07  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-275
   01/18/07  House  Member(s) request name added as sponsor: G.Brown
   01/23/07  House  Member(s) request name added as sponsor: Thompson
   02/07/07  House  Member(s) request name added as sponsor: Mack
   03/07/07  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-1
   03/08/07  House  Amended HJ-28
   03/08/07  House  Read second time HJ-29
   03/08/07  House  Unanimous consent for third reading on next
                     legislative day HJ-29
   03/09/07  House  Read third time and sent to Senate HJ-2
   03/13/07  Senate Introduced and read first time SJ-13
   03/13/07  Senate Referred to Committee on Judiciary SJ-13
   03/26/07  Senate Referred to Subcommittee: Gregory (ch), Elliott,
                     Anderson, Ritchie, Cleary
   03/28/07  Senate Committee report: Favorable with amendment
                     Judiciary SJ-30
   03/29/07  Senate  Committee Amendment Amended and Adopted SJ-46
   03/30/07         Scrivener's error corrected
   04/05/07  Senate Amended SJ-33
   04/05/07  Senate Read second time SJ-33
   04/05/07  Senate Unanimous consent for third reading on next
                     legislative day SJ-33
   04/09/07  Senate Read third time and returned to House with
                     amendments SJ-1
   04/09/07         Scrivener's error corrected
   04/11/07  House  Debate adjourned on Senate amendments until
                     Wednesday, April 18, 2007 HJ-32
   04/18/07  House  Debate adjourned on amendments HJ-95
   04/18/07  House  Concurred in Senate amendment and enrolled HJ-125
   04/26/07         Ratified R 34
   05/02/07         Signed By Governor
   05/08/07         Copies available
   05/08/07         Effective date 05/02/07
   05/14/07         Act No. 14

(A14, R34, H3218)

AN ACT TO AMEND SECTION 61-4-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF BEERS, ALES, PORTERS, AND WINES THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES, SO AS TO INCREASE THE PERCENT OF ALCOHOL BY WEIGHT IN BEERS, ALES, PORTERS, AND SIMILAR MALT BEVERAGES FOR SPECIFIC SIZED CONTAINERS THAT ARE CONSIDERED NONALCOHOLIC BEVERAGES; AND TO AMEND SECTION 61-4-1115, AS AMENDED, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.

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

Percent of alcohol by weight revised

SECTION    1.    Section 61-4-10 of the 1976 Code, as last amended by Act 415 of 1996, is further amended to read:

"Section 61-4-10.    The following are declared to be nonalcoholic and nonintoxicating beverages:

(1)    all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;

(2)    all beers, ales, porters, and other similar malt of fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of ten ounces or more or the metric equivalent; and

(3)    all wines containing not in excess of twenty-one percent of alcohol by volume."

American brands added; applicability of agreements

SECTION    2.    Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:

"Section 61-4-1115.    For the purpose of this article, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers, conveys, or assigns a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall, in good faith, enter into a new distribution agreement that is not inconsistent with the laws of this State."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 26th day of April, 2007.

Approved the 2nd day of May, 2007.