S*1084 Session 111 (1995-1996)
S*1084(Rat #0452, Act #0415 of 1996) General Bill, By Senate Judiciary
A Bill to amend Title 61, Code of Laws of South Carolina, 1976, relating to
alcohol and alcoholic beverages, beer and wine, by adding Chapters 2, 4, 6, 8,
10, and 12 so as to provide for the regulation, transportation, possession,
consumption, licensing, sale, and penalties regarding alcoholic beverages,
beer and wine, and to make certain technical changes; by adding Section
12-33-245 so as to provide for the rate at which minibottles must be taxed; by
adding Section 12-33-475 so as to provide for the tax exemption of alcoholic
liquors sold to the United States government instrumentality for military
purposes; to amend Section 6-27-40, as amended, relating to the distribution
of monies appropriated to the local government fund, so as to change a Code
reference; and to repeal Chapters 1, 3, 5,7, 9, 11, and 13 of Title 61
relating to general provisions regarding alcoholic beverages, beer and wine,
and licenses, Alcoholic Beverage Control Act, regulation of the
transportation, possession, consumption, and sale of alcoholic beverages;
importation of alcoholic beverages, beer, wine, ale, porter, alcohol; and
nuisances and enforcement.-amended title
01/31/96 Senate Introduced, read first time, placed on calendar
without reference SJ-4
02/01/96 Senate Read second time SJ-9
02/01/96 Senate Ordered to third reading with notice of amendments SJ-9
02/06/96 Senate Read third time and sent to House SJ-183
02/07/96 House Introduced and read first time HJ-12
02/07/96 House Referred to Committee on Judiciary HJ-12
04/10/96 House Committee report: Favorable with amendment
Judiciary HJ-9
04/17/96 House Amended HJ-33
04/17/96 House Read second time HJ-36
04/18/96 House Read third time and returned to Senate with
amendments HJ-23
05/21/96 Senate Concurred in House amendment and enrolled SJ-18
05/30/96 Ratified R 452
06/04/96 Signed By Governor
06/04/96 Effective date 01/01/97
06/25/96 Copies available
06/25/96 Act No. 415
(A415, R452, S1084)
AN ACT TO AMEND TITLE 61, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC
BEVERAGES, BEER AND WINE, BY ADDING CHAPTERS 2, 4, 6,
8, 10, AND 12 SO AS TO PROVIDE FOR THE REGULATION,
TRANSPORTATION, POSSESSION, CONSUMPTION, LICENSING,
SALE, AND PENALTIES REGARDING ALCOHOLIC BEVERAGES,
BEER AND WINE, AND TO MAKE CERTAIN TECHNICAL
CHANGES; BY ADDING SECTION 12-33-245 SO AS TO PROVIDE
FOR THE RATE AT WHICH MINIBOTTLES MUST BE TAXED; BY
ADDING SECTION 12-33-475 SO AS TO PROVIDE FOR THE TAX
EXEMPTION OF ALCOHOLIC LIQUORS SOLD TO THE UNITED
STATES GOVERNMENT INSTRUMENTALITY FOR MILITARY
PURPOSES; TO AMEND SECTION 6-27-40, AS AMENDED,
RELATING TO THE DISTRIBUTION OF MONIES APPROPRIATED
TO THE LOCAL GOVERNMENT FUND, SO AS TO CHANGE A
CODE REFERENCE; AND TO REPEAL CHAPTERS 1, 3, 5, 7, 9, 11,
AND 13 OF TITLE 61 RELATING TO GENERAL PROVISIONS
REGARDING ALCOHOLIC BEVERAGES, BEER AND WINE, AND
LICENSES, ALCOHOLIC BEVERAGE CONTROL ACT,
REGULATION OF THE TRANSPORTATION, POSSESSION,
CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES;
IMPORTATION OF ALCOHOLIC BEVERAGES, BEER, WINE, ALE,
PORTER, ALCOHOL; AND NUISANCES AND
ENFORCEMENT.
Be it enacted by the General Assembly of the State of South
Carolina:
Beer, wine, and alcohol
SECTION 1. Title 61 of the 1976 Code, as last amended by Acts 103,
143, 144, and 145 of 1995, is further amended by adding:
"CHAPTER 2
General Provisions
Section 61-2-10. (A) As used in Title 61, unless the context clearly
requires otherwise:
(1) `Department' means the South Carolina Department of Revenue
and Taxation.
(2) `Director' means the director of the Department of Revenue and
Taxation.
(3) `Division' means the South Carolina Law Enforcement
Division.
(4) `Regulation', unless otherwise specified, means a regulation
promulgated by the department or division pursuant to (a) this title or (b)
other provisions of the Code relating to beer, wine, and alcoholic liquors,
and in accordance with Chapter 23 of Title 1.
Section 61-2-20. The functions, duties, and powers set forth in this
title are vested in the department and the division. The department must
administer the provisions of this title, and the division must enforce the
provisions of this title.
Section 61-2-30. The department and the division must employ
personnel necessary to administer and enforce the laws and regulations
governing alcoholic liquors, beer, and wine. Salaries of these personnel
must be set by the department and the division, as applicable.
Section 61-2-40. (A) The chief of the division and the director of the
department directly or indirectly (a) individually, (b) as a member of a
partnership or of an association, (c) as a member or stockholder of a
corporation, or (d) as a relative to a person by blood or marriage within
the second degree shall not:
(1) have an interest in the manufacture of or dealing in alcoholic
liquors or in an enterprise or industry in which alcoholic liquors are
required;
(2) receive a commission or profit on the purchase or sale of
alcoholic liquors by any person; or
(3) have an interest in or mortgage or deed of trust on any land or
building where alcoholic liquors are manufactured for sale, offered for
sale, or sold or in personal property used therein.
(B) No employee of the department may license, permit, or participate
in the licensing or permitting of a person, business, or organization which
requires a license or permit for lawful operation under the law and
regulations governing alcoholic liquors, beer, and wine if the employee
has an ownership interest in that person, business, or organization.
(C) No employee of the division may enforce any law or regulation
governing alcoholic liquors, beer, and wine against any person, business,
or organization which requires a license or permit for lawful operation
under the law and regulations governing alcoholic liquors, beer, and wine
if the employee has an ownership interest in that person, business, or
organization.
Section 61-2-50. The department may issue subpoenas requiring the
attendance of witnesses and the production of records, memoranda,
papers, and other documents and administer oaths and take testimony
thereunder.
Section 61-2-60. The department and the division are authorized to
promulgate regulations necessary to carry out the duties imposed upon
them by law for the proper administration and enforcement of, and
consistent with this title including, but not limited to:
(1) regulations for the application and issuance of alcoholic liquor
licenses, permits, and certificates;
(2) regulations to prevent the unlawful manufacture, bottling, sale,
distribution, transportation, and importation of alcoholic liquors;
(3) regulations necessary to effect an equitable distribution of
alcoholic liquors in this State;
(4) regulations for the analysis of alcoholic liquors sold in this State
and for a procedure for obtaining the samples for this purpose;
(5) regulations governing the administration and enforcement of
provisions relating to producers and wholesalers of beer and wine;
(6) regulations for application for and issuance of beer licenses,
permits, or brewers' certificates of approval and the sale, distribution,
promotion, and shipment of beer into and within the State;
(7) regulations for the operation of breweries and commercial
wineries; and
(8) regulations governing the enforcement of provisions relating to
brewpubs.
Section 61-2-70. The department has sole and exclusive power to issue
all licenses, permits, and certificates provided for in this title.
Section 61-2-80. The department is the sole and exclusive authority
empowered to regulate the operation of all retail locations authorized to
sell beer, wine, or alcoholic liquors and is authorized to establish
conditions or restrictions which the department considers necessary
before issuing or renewing a license or permit.
Nothing contained in this section may be considered as prohibiting
judicial appeals from decisions of the administrative law judge division,
as authorized by Chapter 23 of Title 1, nor as limiting the authority of
the courts in interpreting and applying the laws of this State relating to
matters administered by the department.
Section 61-2-90. A person desiring a license or permit under this title
must file with the department an application in writing on forms provided
by the department containing a statement under oath setting forth:
(1) the name, address, date of birth, race, and nationality of the
person applying for the license or permit;
(2) the exact location where the business is proposed to be
operated;
(3) a description of the type of business to be operated;
(4) whether the applicant or an owner of the business has been
involved in the sale of alcoholic liquors, beer, or wine in this or another
state and whether he has had a license or permit suspended or
revoked;
(5) whether the applicant has been a legal resident of this State for
at least thirty days before the date of application, and has maintained his
principal place of abode in the State for at least thirty days before the
date of application;
(6) other information required by the department to determine if the
application meets all statutory requirements for the license or permit and
to determine the true owners of the business seeking the license or
permit.
Section 61-2-100. (A) No license or permit may be issued to an
organization, an association, or a corporation as an entity. If an
application is made for an organization, an association, or a corporation,
the license or permit, if issued, must be issued to an officer of the
organization, association, or corporation or a person specifically
designated in writing by the Chief Executive Officer of the organization,
association, or corporation. The officer or designated person is
responsible under the license or permit as an individual and is subject to
the provisions and penalties set forth in this title applicable to individual
licensees and permittees.
(B) A person may hold multiple permits and licenses. However, a
person, his agent, or his attorney must not be issued a permit or license
for more than one business entity.
(C) No license or permit may be issued by the department to a person
under twenty-one years of age.
Section 61-2-110. The department must accept checks, in addition to
any other method of payment it considers appropriate, in payment of the
fees due for a license or permit. If the check is dishonored, the
department may suspend the license or permit without notice or a hearing
until the applicant makes the payment in a form satisfactory to the
department and pays a reinstatement fee of fifty dollars. The department
may retain the reinstatement fee in order to offset the cost of this
provision.
Section 61-2-120. Biennial licenses and permits issued under this title
expire according to the county where the licensed location is situated.
The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and
Berkeley Counties;
(b) even number for Charleston, Clarendon, Colleton, Dorchester,
Georgetown, Hampton, Jasper, and Williamsburg Counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington,
Dillon, Fairfield, Florence, and Horry Counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and
York Counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and
Sumter Counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield,
Greenville, and Greenwood Counties;
(b) even number for Laurens, Lexington, McCormick, Newberry,
Oconee, Pickens, Saluda, and Spartanburg Counties.
Section 61-2-130. If a biennial licensee or permittee under this title
closes the licensed or permitted business for any reason during the first
year of the biennial license or permit period, the licensee or permittee or
his estate must be refunded the amount of the license or permit fee
attributable to the second year of the biennial license or permit period.
No licensee or permittee is eligible for a refund under the provisions of
this section if the license or permit has been canceled, relinquished, or
revoked as a result of an enforcement action or a failure to adhere to the
conditions of the license or permit.
Section 61-2-140. (A) A person promptly must surrender a license or
permit issued under the provisions of this title upon request of the
department.
(B) Licenses and permits are the property of the department and are
not transferable. Licenses and permits must be surrendered immediately
to the department upon the termination of a business, upon a change of
ownership, possession, or control of a corporation or business entity, or
upon a change in the character of the property, facilities, or nature of the
business activity for which a license or permit has been issued. The
transfer of twenty-five percent or more of corporate stock is considered a
change in ownership.
(C) Licenses and permits must be issued for a designated location and
may not be transferred to another location. A separate license or permit
is required for each separate location of a business.
(D) When a license or permit is suspended or revoked, no partner or
person with a financial interest in the business may be issued a license or
permit for the premises concerned. No person within the second degree
of kinship to a person whose license or permit is suspended or revoked
may be issued a license or permit for the premises concerned for a period
of one year after the date of suspension or revocation.
(E) A person whose license or permit has been suspended or revoked
for a particular premises is not eligible to receive an additional new
license or permit at another location during the period the suspension or
revocation is in effect, and the department may suspend or revoke all
other licenses or permits held by the person if the suspended or revoked
premises is within close proximity.
Section 61-2-150. If a fine is imposed by the department for a
violation by a beer, wine or liquor licensee, and the licensee fails to pay
the fine and ceases doing business on the premises where the violation
occurred, the department must not require a subsequent tenant of the
premises to pay the fine as a condition to being issued a beer, wine, or
liquor license. However, this prohibition does not apply to any person
who is related by blood within the third degree or marriage to, is in
business with, or is acting for or on behalf of, directly or indirectly, the
licensee so fined.
The burden is on the new tenant to prove that no such relationship
exists between him and the licensee.
Section 61-2-160. No license or permit under this title may be issued,
renewed, or transferred unless the department and the Internal Revenue
Service determine that the applicant does not owe the state or federal
government delinquent taxes, penalties, or interest. If the department or
the Internal Revenue Service determine that delinquent taxes, penalties,
or interest are due, the department must notify the applicant of the
necessary requirements to comply with this section.
Section 61-2-170. The department may not generate license fees to be
deposited in the general fund of the State through the issuance of licenses
or permits for on or off premises consumption which authorize alcoholic
liquors, beer, or wine to be sold on a drive-through or curb service
basis.
Section 61-2-180. Notwithstanding any other provision of law, a
person or organization licensed by the department under this title may
hold and advertise special events such as bingo, raffles, and other similar
activities intended to raise money for charitable purposes. This section
does not affect the requirements for obtaining a bingo license from the
department.
Section 61-2-190. A person detected in the act of violating any
provision of this title may be arrested without warrant if a warrant is
procured within a reasonable time thereafter.
Section 61-2-200. There shall be one official summons which may be
used by all agents and inspectors of the division when making arrests for
violations of the laws and regulations governing alcoholic liquors, beer,
and wine in offenses for which the magistrate's court has jurisdiction.
The division must prescribe the form of the summons and print
copies.
Section 61-2-210. When a person is charged by an agent or inspector
of the division with a criminal offense for which a magistrate's court has
jurisdiction, the person charged, upon being served with the official
summons issued by the agent or inspector, must appear before the proper
judicial officer at the time and place stated in the summons. The service
of the summons vests the court with jurisdiction to hear and dispose of
the charge for which the summons was issued.
Section 61-2-220. When this title provides that a search warrant may
be issued upon an affidavit based on information and belief, the affidavit
must contain a statement setting forth the sources of information and the
facts and grounds of belief upon which the affiant bases his belief.
Section 61-2-230. A constable, deputy constable, or magistrate who
neglects or refuses to perform the duties required by this title may be
suspended by the Governor.
Section 61-2-240. Interference by any person with, obstruction or
resistance of, or abusive language to any officer or person in the
discharge of his duties under this title or the use of abusive language by
the officer or person to another person is a misdemeanor. A person who
violates this section must, upon conviction, be fined not less than one
hundred dollars nor more than five hundred dollars or imprisoned for not
less than three months nor more than one year.
Section 61-2-250. In cases of conviction for the violation of a
provision of this title when no punishment is provided, the person must
be fined not less than one hundred dollars or imprisoned not less than
three months, in the discretion of the court.
Section 61-2-260. Contested case hearings arising under the provisions
of this title must be heard by the administrative law judge division
pursuant to the South Carolina Revenue Procedures Act and the
Administrative Procedures Act.
CHAPTER 4
Beer, Ale, Porter, and Wine
Article 1
General Provisions
Section 61-4-10. All beers, ales, porter, and other similar malt or
fermented beverages containing not in excess of five percent of alcohol
by weight and all wines containing not in excess of twenty-one percent
of alcohol by volume are declared to be nonalcoholic and nonintoxicating
beverages.
Section 61-4-20. It is unlawful for a person to sell or permit to be sold
beer, ale, porter, wine, malt, or other beverage authorized to be sold
under this chapter on which the tax levied has not been paid. A person
having charge of the sale of one of these beverages who sells or permits
it to be sold in violation of the provisions of this section is guilty of a
misdemeanor and, upon conviction, for each offense must be fined not
less than twenty-five dollars nor more than one hundred dollars or
imprisoned for not less than ten days nor more than thirty days, in the
discretion of the court.
Section 61-4-30. Beer or wine sold by wholesalers to the holders of
retail licenses in this State must be sold for cash only at the time of
delivery or prior to delivery. For purposes of this section, `cash' means
money or a bona fide check, money order, or electronic transfer of funds
if the transfer of funds is initiated by an irrevocable payment order on or
before delivery of the beer or wine. The electronic transfer must be
initiated by the wholesaler no later than one business day after delivery.
A holder of a retail permit who issues a check or an irrevocable payment
order in payment for beer or wine with insufficient funds at the bank to
cover the check violates the provisions of this section. This provision for
cash payment applies to cash deposits on empties when beer is delivered
in returnable containers. This deposit on bottles or draft beer containers
must not be less than the charge from the brewery to the wholesaler.
Section 61-4-40. A holder of a beer permit or a beer and wine permit
may not purchase beer or wine, or both, on credit by a dishonored check,
an unpaid note or invoice, or other insufficient manner from a permitted
beer and wine wholesaler. However, no action may be taken against the
holder for a first violation of this section. If a holder commits a second
or subsequent violation, his retailer's permit may be suspended, canceled,
or revoked by the department, or a monetary penalty of not more than
twenty-five dollars may be assessed against him.
Section 61-4-50. (A) It is unlawful for a person to sell beer, ale,
porter, wine, or other similar malt or fermented beverage to a person
under twenty-one years of age. A person who makes a sale in violation
of this section must, upon conviction, be fined not less than one hundred
dollars nor more than two hundred dollars or imprisoned not less than
thirty days nor more than sixty days, or both, in the discretion of the
court.
(B) Failure of a person to require identification to verify a person's
age is prima facie evidence of the violation of this section.
Section 61-4-60. It is unlawful for a person to whom beer or wine
cannot be lawfully sold to knowingly give false information concerning
his age for the purpose of purchasing beer or wine. A person who
violates the provisions of this section, upon conviction, must be fined not
less than fifty nor more than one hundred dollars or be imprisoned for
not more than thirty days.
Section 61-4-70. A person engaged in the business of selling at retail
beer or wine must post in each location for which he has obtained a
permit a sign with the following words printed thereon: `The possession
of beer, wine, or alcoholic liquors, by a person under twenty-one years of
age is a criminal offense under the laws of this State, and it is also
unlawful for a person to knowingly give false information concerning his
age for the purpose of purchasing beer, wine, or liquor'. The department
must prescribe by regulation the size of the lettering and the location of
the sign on the seller's premises.
A retail seller of beer or wine who fails to display the sign required by
this section is guilty of a misdemeanor and, upon conviction, must be
fined not more than one hundred dollars or imprisoned for not more than
thirty days.
A person found guilty of a violation of Section 61-6-1530 and this
section may not be sentenced under both sections for the same
offense.
Section 61-4-80. It is unlawful for a person who purchases beer or
wine while on licensed premises to give the beer or wine to a person to
whom beer or wine cannot lawfully be sold, for consumption on the
premises. A person who violates this section must, upon conviction, be
fined not less than fifty nor more than one hundred dollars or imprisoned
for not more than thirty days.
Section 61-4-90. It is unlawful for a person to transfer or give to a
person under the age of twenty-one years for the purpose of consumption
beer or wine at any place in the State. A person who violates this
section is guilty of a misdemeanor and, upon conviction, must be fined
not more than two hundred dollars or imprisoned not more than thirty
days. A person found guilty of a violation of Section 61-6-4070 and this
section may not be sentenced under both sections for the same
offense.
The provisions of this section do not apply to a spouse over the age of
twenty-one giving beer or wine to his spouse under the age of twenty-one
in their home; to a parent or guardian over the age of twenty-one giving
beer or wine to his children or wards under the age of twenty-one in their
home; or to a person giving beer or wine to another person under the age
of twenty-one in conjunction with a religious ceremony or purpose if the
beer or wine was lawfully purchased.
Section 61-4-100. If a person is charged with a violation of Section
61-4-50 (the unlawful sale of beer or wine to minors), the minor must
also be charged with a violation of Section 20-7-370 (unlawful purchase
or possession of beer or wine). In addition, if the minor violated Section
61-4-60 (false information as to age) or if an adult violated Section
61-4-80 (unlawful purchase of beer or wine for a person who cannot
lawfully buy), these persons must also be charged with their
violations.
Unless the provisions of this section are complied with, no person
charged with a violation of Section 61-4-50 may be convicted of the
offense.
Nothing in this section requires that charges made pursuant to this
section be prosecuted to conclusion; but rather this determination must be
made in the manner provided by law.
Section 61-4-110. It is unlawful for a person to have in his
possession, except in the trunk or luggage compartment, beer or wine in
an open container in a moving vehicle of any kind which is licensed to
travel in this State or any other state and that may travel upon the public
highways of this State. This section must not be construed to prohibit
the transporting of beer or wine in a closed container. A person who
violates the provisions of this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days.
Section 61-4-120. It is unlawful for a person to sell or offer for sale
wine or beer in this State between the hours of twelve o'clock Saturday
night and sunrise Monday morning. However, an establishment licensed
pursuant to Article 5 of Chapter 6 is authorized to sell these products
during those hours in which the sale of alcoholic liquors in minibottles is
lawful. A person who violates the provisions of this section is
considered guilty of a misdemeanor and, upon conviction, must be fined
not more than one hundred dollars or imprisoned for not more than thirty
days. The right of a person to sell wine and beer in this State under a
license issued by the State must be forfeited and the license revoked upon
his conviction of violating the provisions of this section. Municipal
ordinances in conflict with this section are unenforceable.
Section 61-4-130. If beer or wine is sold or delivered to a person
from a place of business between the hours of twelve o'clock Saturday
night and sunrise Monday morning, all beer and wine found in the place
of business is contraband and must be seized by a peace officer and
handled as contraband liquor. However, the person owning or claiming
the beer or wine may retain possession of it by delivering to the peace
officer a cash bond in an amount equal to the cost price of the beer or
wine. The cost price must not be less than the average price charged for
a like quantity of beer or wine by a licensed wholesaler. The peace
officer receiving the bond must deliver a written receipt to the person
posting the bond. If the peace officer is a representative of the division,
the cash bond must be deposited with the State Treasurer. If the peace
officer is a representative of a municipality, the cash bond must be
deposited with the municipal treasurer. In all other cases, the cash bond
must be deposited with the treasurer of the county in which the beer or
wine was located when declared contraband. If the department or court
determines that the person charged with the violation which required the
posting of a bond was not guilty of the offense charged, the bond must
be returned to the person posting the bond. If the person charged is
found guilty, the bond must be forfeited to the State, county, or
municipality, as the case may be.
Section 61-4-140. A person who drinks beer or wine or possesses beer
or wine in an open container between the hours of twelve o'clock
Saturday night and sunrise Monday morning at a place licensed to sell
beer or wine is considered guilty of a misdemeanor and, upon conviction,
must be fined not more than one hundred dollars or be imprisoned for
not more than thirty days.
Section 61-4-150. If beer or wine is sold to anyone by a person who
does not have a valid license to make the sale, all beer and wine found
on the premises of the person is contraband and must be seized by a
peace officer and treated as contraband liquor.
Section 61-4-160. No person who holds a biennial permit to sell beer
or wine for on-premises consumption may advertise, sell, or dispense
these beverages for free, at a price less than one-half of the price
regularly charged, or on a two or more for the price of one basis. Beer
or wine may be sold at a price less than the price regularly charged from
four o'clock p.m. until eight o'clock p.m. only. The prohibition against
dispensing the beverages for free does not apply to dispensing to a
customer on an individual basis, to a fraternal organization in the course
of its fund-raising activities, to a person attending a private function on
premises for which a biennial permit has been issued, or to a customer
attending a function sponsored by the person who holds a biennial
permit. However, no more than two functions may be sponsored each
year, and must be authorized by the department. A person who violates
this section is guilty of a misdemeanor and, upon conviction, must be
fined not less than one hundred dollars or imprisoned not less than three
months, in the discretion of the court.
A person found guilty of a violation of Section 61-6-4550 and this
section may not be sentenced under both sections for the same
offense.
Section 61-4-170. It is unlawful for a person, with or without a beer
or wine permit, to sell or to offer for sale a beverage generally used as
and for a soft drink rather than as a medicine or for cooking purposes
having an alcoholic content, when the beverage resembles in color and
general appearances a vegetable drink, a fruit drink, or a soft drink. A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be fined in the discretion of the court or imprisoned not
more than three years, or both. In addition, these beverages are
contraband and must be seized by an authorized agent or inspector of the
division, or by a peace officer, and disposed of in a manner provided for
the disposition of unlawful alcoholic liquors.
Section 61-4-180. It is unlawful for a person to sell or otherwise
introduce into commerce nonalcoholic and nonintoxicating beverages
lawful under the provisions of this title, unless labeled in accordance with
the provisions of the Federal Alcoholic Administration Act and rules and
regulations promulgated thereunder. A violation of this section subjects
the nonalcoholic and nonintoxicating beverages found in the possession
of a person violating this section to seizure, confiscation, and sale, as
provided in Section 61-6-4310.
Section 61-4-190. If a penalty imposed under this chapter remains due
and unpaid for a period of ten days, the department must issue a warrant
under its bond and official seal in accordance with Article 1 of Chapter
53 of Title 12.
Section 61-4-200. Notwithstanding any other provision of law, a
holder of a retail permit to sell beer and wine may transfer beer and wine
to other businesses. In order for this transfer to be lawful, all businesses
involved in the transfer must hold a retail beer and wine permit issued to
the same individual, partnership, or corporation. In addition, a particular
brand of beer may be transferred only between retail stores located within
the territorial restrictions described in the distribution agreement between
the brewery and the wholesaler on file with the department pursuant to
Section 61-4-1300. Transfers of beer and wine between retail beer and
wine locations in a manner not authorized by this section, purchase of
beer or wine by a retailer from another retailer for the purpose of resale,
and sale of beer or wine by a retailer to a retailer for the purpose of
resale are unlawful. A person who violates the provisions of this section
is guilty of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars.
Section 61-4-210. (A) A person who purchases a retail business which
sells beer or wine from a holder of a retail permit to sell beer or wine at
the business, upon initiating the application process for a biennial retail
beer or beer and wine permit, may be issued a temporary retail beer or
beer and wine permit by the department at the time of the purchase if the
location for which the temporary permit is sought is not considered by
the department to be a public nuisance as defined by regulation of the
department and:
(1) the applicant currently holds a valid beer or beer and wine
permit; or
(2) the applicant has had a criminal history background check
conducted by the division within the past thirty days.
(B) A temporary beer or beer and wine permit issued pursuant to
subsection (A) is valid until a biennial retail beer or beer and wine permit
is approved or disapproved by the department, but in no case is it valid
for longer than one hundred twenty days.
(C) Notwithstanding subsection (B), the department may revoke a
temporary retail beer or beer and wine permit if the applicant fails to
proceed with obtaining the biennial retail beer or beer and wine permit in
a timely manner, as set forth by regulation of the department.
(D) The department must charge a fee of twenty-five dollars for each
temporary beer or beer and wine permit. The funds generated by this fee
must be deposited in the general fund of the State.
Section 61-4-220. A restaurant with a Class A or B license issued by
the Department of Health and Environmental Control (DHEC) may serve
food or beverages at its adjoining facilities located outside the restaurant
if the food is prepared in a kitchen of the restaurant which is subject to
inspection by DHEC and is placed on individual plates or in individual
serving dishes inside the restaurant, and if uncovered containers in which
the beverages are served are filled only to satisfy the order of a
customer.
Section 61-4-230. A person who, upon demand of an officer or agent
of the division:
(1) refuses to allow full inspection of the premises or any part of the
premises which is licensed to sell beer or wine; or
(2) refuses to allow full inspection of the stocks and invoices of the
licensee; or
(3) who prevents or in any way hinders an inspection is guilty of a
misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned for not more than sixty days, or both.
A person found guilty of a violation of Section 61-6-4190 and this
section may not be sentenced under both sections for the same
offense.
Section 61-4-240. Temporary permits for the possession, consumption,
and sale of beer or wine may be issued pursuant to Sections 61-4-550,
61-6-500, 61-6-510, 61-6-2000, or 61-6-2010, as appropriate, and in
accordance with these statutes.
Section 61-4-250. For violations of this chapter, or of Chapter 21 or
33 of Title 12, and for a violation of any regulation pertaining to beer or
wine, the department may, in its discretion, impose a monetary penalty
upon the holder of a beer or wine license in lieu of suspension or
revocation.
In these cases, the amount of any penalty imposed must be determined
within the limits prescribed in this section in each case by the department
after a hearing as provided in the South Carolina Revenue Procedures
Act and the Administrative Procedures Act. For these violations:
(1) retail beer and wine licensees are subject to a penalty of not less
than twenty-five dollars nor more than one thousand dollars; and
(2) wholesale beer and wine licensees are subject to a penalty of not
less than one hundred dollars nor more than one thousand five hundred
dollars.
The department in its discretion may suspend payment of a fine or a
monetary penalty imposed under this section.
If the department imposes a monetary penalty under this section which
is not paid or a contested case hearing requested within thirty days after
demand by the department, the license or licenses may be suspended or
revoked by the department.
Penalties provided for in this section are in addition to any fines and
penalties imposed upon the licensees by any court of competent
jurisdiction for violation of the laws of this State.
Penalties provided for in this section must be paid to the State
Treasurer for credit to the general fund of the State for public school
use.
Section 61-4-260. Except as otherwise provided in this chapter, all
monies received by the department or the division under the provisions of
this chapter must be deposited with the State Treasurer to the credit of
the general fund of the State.
Section 61-4-270. In addition to the penalties provided in this chapter,
the department may revoke the permit of a person failing to comply with
any requirements hereof.
Article 3
Producers and Wholesalers of Beer and Wine
Section 61-4-300. `Producer' as used in this article means a brewery
or winery or a manufacturer, bottler, or importer of beer or wine into the
United States.
Section 61-4-310. (A) A producer must apply to the department on
forms the department prescribes for a certificate of registration, which
must be approved and issued before the shipment of beer or wine by the
producer to a point within the State. A producer, at the same time
application is made for a certificate of registration, must remit to the
department a fee of two hundred dollars.
(B) The department, in its discretion upon consideration of the
information contained in the application for a certificate of registration,
must issue or reject the application.
(C) A certificate of registration is valid from the date of issue until
the second August thirty-first after the issuance of the license. Beer and
wine wholesalers must purchase beer, ale, or wine from manufacturers or
importers who hold a certificate of registration issued by the department.
Nothing in this section or Section 61-4-940 prohibits the transfer or
purchase and sale, for resale to retailers only, between wholesalers
authorized by the registered producer or an exclusive agent in the State to
distribute the same brand or brands of wine, beer, or ale.
Section 61-4-320. A certificate of registration provided for in this
article may be suspended or revoked by the department upon a showing
of a violation of law or of a regulation.
Section 61-4-330. The department and the division have the right
within statutory limitations to audit and examine the books and records,
papers, and memoranda of a producer with respect to the administration
and enforcement of laws administered by the department and the
division.
Section 61-4-340. No person other than a registered producer may
ship, move, or cause to be shipped or moved, beer, ale, porter, malt
beverage, or wine from outside the State to a point in the State, and only
in accordance with the provisions of this chapter. No brand may be
registered by the producer unless the person registering the brand is
either the American producer or the primary American source of supply
in the United States of the brand as herein defined, and it is unlawful for
a wholesaler in this State to order, purchase, or receive beer, ale, porter,
malt beverage, or wine from a producer who is not the primary American
source of supply for the brand ordered, purchased, or received. The term
primary American source of supply means the manufacturer, distiller,
vintner, brewer, producer, winery, or owner of vinous or spirituous
beverages at the time they become a marketable product, or bottler, or
the exclusive agent of these persons, who, if the product cannot be
secured directly from the manufacturer by an American distributor, is the
source closest to the manufacturer in the channel of commerce from
whom the product can be secured by an American distributor, or who, if
the product can be secured directly from the manufacturer by an
American distributor, is the manufacturer. The provisions of this section
do not apply to a person who produces beer, ale, porter, malt beverage,
or wine solely in this State and who subsequently ships or sells this beer,
ale, porter, malt beverage, or wine solely in this State.
Section 61-4-350. Beer or wine shipped or moved into this State in
violation of this chapter is contraband and may be seized and sold as
provided in Section 61-6-4310.
Article 5
Permits for Sales
Section 61-4-500. A person engaging in the business of selling beer,
ale, porter, wine, or a beverage which has been declared to be
nonalcoholic and nonintoxicating under Section 61-4-10 must apply to
the department for a permit to sell these beverages. Each applicant must
pay a filing fee of two hundred dollars which is not refundable. A
retailer must pay to the department four hundred dollars biennially for a
retail permit, and a wholesale dealer must pay to the department two
thousand dollars biennially for a wholesale permit. A separate permit is
required for each separate place of business.
A person who initially applies for a permit after the first day of a
permit period must pay permit fees in accordance with the schedule
provided in Section 61-6-1810(C).
Section 61-4-510. (A) In counties or municipalities where temporary
permits may be issued pursuant to Section 61-6-2010, in lieu of the retail
permit fee required pursuant to Section 61-4-500, a retailer otherwise
eligible for the retail permit under that section may elect to apply for a
special version of that permit which allows sales for off-premises
consumption without regard to the restrictions on the days or hours of
sales provided in Sections 61-4-120, 61-4-130, and 61-4-140. The
annual fee for this special retail permit is one thousand dollars. Revenue
generated by the fees must be credited to the general fund of the State,
except that revenue generated by the fees in a county where a federal
military base or installation has been closed, or is designated to be closed
and where the federal facility has reduced its permanent civilian
employment by three thousand or more jobs after December 31, 1990,
for a period of ten years after the effective date of Chapter 12 of Title
31, must be credited to a special separate and distinct account with the
Budget and Control Board for support of a redevelopment authority
created therein pursuant to Chapter 12 of Title 31. All other
requirements for retail permits provided in Section 61-4-500 apply to the
special permits authorized by this section.
(B) The special version of a retail beer and wine permit provided in
subsection (A) may be issued in counties or municipalities where
temporary permits are authorized to be issued pursuant to Section
61-6-2010 only after June 21, 1993. In counties or municipalities where
temporary permits are authorized to be issued pursuant to Section
61-6-2010 as of June 21, 1993, county or municipal election
commissions must conduct a referendum upon petition, as provided in
Section 61-6-2010, solely to determine if the special permits authorized
in subsection (A) are approved. If approved pursuant to the referendum
provided in this subsection or pursuant to Section 61-6-2010 after June
21, 1993, the special permits may be issued as provided in subsection
(A).
Section 61-4-520. No permit authorizing the sale of beer or wine may
be issued unless:
(1) The applicant, any partner or co-shareholder of the applicant,
and each agent, employee, and servant of the applicant to be employed
on the licensed premises are of good moral character.
(2) The retail applicant is a legal resident of the United States, has
been a legal resident of this State for at least thirty days before the date
of application, and has maintained his principal place of abode in the
State for at least thirty days before the date of application.
(3) The wholesale applicant is a legal resident of the United States
and has been a legal resident of this State for at least thirty days before
the date of application and has maintained his principal place of abode in
the State for at least thirty days before the date of application or has been
licensed previously under the laws of this State.
(4) The applicant, within two years before the date of application,
has not had revoked a beer or a wine permit issued to him.
(5) The applicant is twenty-one years of age or older.
(6) The location of the proposed place of business of the applicant is
in the opinion of the department a proper one.
(7) The department may consider, among other factors, as
indications of unsuitable location, the proximity to residences, schools,
playgrounds, and churches. This item does not apply to locations
licensed before April 21, 1986.
(8) 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, city, or community in which the applicant
proposes to engage in business. 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. An applicant for a beer or wine permit and
an alcoholic liquor license may use the same advertisement for both if
the advertisement is approved by the department.
(9) Notice has been given by displaying a sign for fifteen days at
the site of the proposed business. The sign must:
(a) state the type of permit 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.
Section 61-4-530. In considering an application for a permit for the
sale of beer or wine at a location within five miles of a political
subdivision of another state in which the sale of beer or wine is
prohibited, the department must, in addition to the factors required to be
considered, consider the proximity of the location to the prohibited area,
the likelihood that large crowds may gather from time to time with
attendant breaches of the peace, the requirement of increased law
enforcement officers, and any other factor which in its judgment should
be considered before issuing the permit.
These special considerations, however, do not apply where the
application is made with respect to a location within the corporate limits
of a municipality.
Section 61-4-540. When a verified application is filed with the
department and the department determines that (1) the requisite
qualifications and conditions are met, (2) the applicant is a fit person to
sell beer or wine, and (3) the location of the proposed place of business
is a proper one, the department must issue a permit to the applicant to
sell beer or wine on the premises described in the application upon the
payment of the fee prescribed by law. A misstatement or concealment of
fact in an application is a sufficient ground for the revocation of the
permit.
The department may, in those cases where it considers necessary,
require an applicant to post a cash bond or surety bond with a bonding
company approved by the Department of Insurance as an additional
condition for a permit. The bond must be in an amount as determined by
the department and is subject to forfeiture in whole or in part for
violations of law relating to the sale of beer or wine.
Section 61-4-550. The department may issue permits running for a
period not exceeding fifteen days for a fee of ten dollars per day. Such
special permits shall be issued only for locations at fairs and special
functions.
Section 61-4-560. A person who operates a retail or wholesale
business without obtaining a permit required in this article is guilty of a
misdemeanor and, upon conviction, is subject to a fine of not less than
ten dollars nor more than one hundred dollars or imprisonment of not
less than ten days nor more than thirty days, in the discretion of the
court. Each day that a wholesale or retail business is carried on without
a permit constitutes a separate offense.
Section 61-4-570. Notwithstanding any other provision of law, an
establishment that holds a valid beer and wine license and a license to
sell alcoholic liquors in minibottles may sell wine which is not in excess
of twenty-one percent of alcohol by volume, to be consumed on the
premises.
Section 61-4-580. No holder of a permit authorizing the sale of beer
or wine or a servant, agent, or employee of the permittee may knowingly
commit any of the following acts upon the licensed premises covered by
the holder's permit:
(1) sell beer or wine to a person under twenty-one years of age;
(2) sell beer or wine to an intoxicated person;
(3) permit gambling or games of chance;
(4) permit lewd, immoral, or improper entertainment, conduct, or
practices. This includes, but is not limited to, entertainment, conduct, or
practices 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;
(5) permit any act, the commission of which tends to create a public
nuisance or which constitutes a crime under the laws of this State; or
(6) sell, offer for sale, or possess any beverage or alcoholic liquors
the sale or possession of which is prohibited on the licensed premises
under the law of this State.
A violation of any provision of this section is a ground for the
revocation or suspension of the holder's permit.
Section 61-4-590. The department has jurisdiction to revoke or
suspend permits authorizing the sale of beer or wine. The department
may, on its own initiative or on complaint signed and sworn to by two or
more freeholders resident for the preceding six months in the community
in which the licensed premises are located or by a local peace officer, all
of whom are charged with the duty of reporting immediately to the
department a violation of the provisions of Section 61-4-580, revoke or
suspend the permit pursuant to the South Carolina Revenue Procedures
Act. The decision of the administrative law judge division shall not be
automatically superseded or stayed by the filing of a petition for judicial
review.
Section 61-4-600. Upon the revocation, cancellation, or suspension of
a license or permit to sell beer or wine at wholesale or retail, the licensee
must immediately surrender his license to the department. A person who
violates this section is guilty of a misdemeanor and, upon conviction,
must be fined not less than twenty dollars nor more than one hundred
dollars or imprisoned for not less than ten days nor more than thirty
days, or both, in the discretion of the court.
Section 61-4-610. It is unlawful for a licensee to sell beer or wine at
wholesale or retail, to sell or offer to sell beer or wine after the license
has been revoked or canceled, or during the period of a suspension of the
license. A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than twenty dollars nor
more than one hundred dollars or imprisoned for not less than ten days
nor more than thirty days, or both, in the discretion of the court.
Article 7
Provisions Affecting Wine Only
Section 61-4-700. 27 Code of Federal Regulations part 4, relating to
`Labeling and Advertising of Wine', is adopted for the labeling and
advertising of wine sold or offered for sale in this State, except insofar as
27 Code of Federal Regulations part 4 differs from laws of the State or
from regulations of the department.
Section 61-4-710. It is unlawful for a person to import, sell, or offer
for sale in this State wines of which the labels, standards, or identity do
not conform to the provisions of 27 Code of Federal Regulations part 4.
Imitation, concentrate, and substandard wines, as defined in 27 Code of
Federal Regulations part 4, are prohibited from sale in this State.
Section 61-4-720. Notwithstanding any other provision of law, a
licensed winery in this State which produces and sells only domestic
wine as defined in Section 12-21-1010 is authorized to sell the domestic
wine with an alcoholic content of fourteen percent or less on the winery
premises and deliver or ship this wine to consumer homes in or outside
the State. These domestic wineries are authorized to provide without cost
wine taste samples to prospective customers.
Section 61-4-730. Permitted wineries which produce and sell only
domestic wine as defined in Section 12-21-1010 may sell the wine at
retail, wholesale, or both, and deliver or ship the wine to the purchaser in
the State. Domestic wine must be delivered between 7:00 a.m. and 7:00
p.m.
Section 61-4-740. A person may order wine produced outside this
State which has not been approved or licensed for sale or distribution in
this State from an in-state wholesaler by placing a special order for this
wine with the out-of-state winery. The wine may then be shipped by the
winery to that wholesaler who, after paying the necessary taxes, is
authorized to sell this wine to that person through a licensed retailer.
Section 61-4-750. The importation into, offering for sale, or sale in
this State of a product as `wine' to which any substance has been added,
except as authorized by federal law and regulations and except pure fruit
or vegetable products derived from the same kind of fruit or vegetable
from the juice of which the wine was fermented, is prohibited and is a
misdemeanor.
Section 61-4-760. The division must provide for the inspection of all
wines imported into or offered for sale in this State. The expense of the
inspections must be paid from the proceeds of the wine tax. The
department may make regulations as to the containers in which wine may
be sold at retail and to declare to be `undesirable wine packages' wine
sold in a container prohibited in the regulations or wine, the sale of
which is prohibited in Sections 61-4-710 or 61-4-750. The offering for
sale or sale in this State of undesirable wine packages under this section
is prohibited and is a misdemeanor.
Section 61-4-770. Wines containing more than fourteen percent of
alcohol by volume may be sold only in licensed alcoholic liquor stores or
in establishments licensed to sell and permit consumption of alcoholic
liquors in minibottles.
Section 61-4-780. A person who violates any provision of this article
or any rule or regulation promulgated by the department or the division
under this article, upon conviction, must be fined not less than one
hundred dollars nor more than five hundred dollars or imprisoned for not
less than thirty days nor more than six months, or both, in the discretion
of the court. In addition to the punishment specified in this section, the
person must forfeit his permit to sell wine and is not, for a period of two
years thereafter, authorized to engage in a business taxable under the
provisions of this chapter.
Article 9
Provisions Affecting Beer Only
Section 61-4-900. The retail permit issued by the department must be
conspicuously posted on the premises.
Section 61-4-910. A person who violates any provision of this article
is guilty of a misdemeanor and, upon conviction, is subject to a fine of
not less than ten dollars nor more than one hundred dollars, or
imprisonment of not less than ten days nor more than thirty days, in the
discretion of the court. In addition to the punishment specified in this
section, the department may revoke or suspend a retail permit for a
violation of this article.
Section 61-4-920. The department must revoke or suspend the license,
permit, or brewer's certificate of approval of a person for the violation of
any rule or regulation or invoke a penalty not to exceed one hundred
dollars for each violation.
Section 61-4-930. It is unlawful for a wholesaler to purchase
advertising for a retailer or to participate in a joint advertising campaign
with a retailer. However, a brewer or wholesaler may advertise on a
retailer's premises and may purchase program advertising from a retailer
at customary rates.
Section 61-4-940. (A) A manufacturer or brewer of beer, ale, porter,
or other malt beverages or a person who imports these products produced
outside the United States must not sell, barter, exchange, transfer, or
deliver for resale beer to a person not having a wholesale permit issued
under Section 61-4-500, and a holder of a wholesale permit must not sell,
barter, exchange, transfer, or deliver for resale beer to a person not
having a retail or wholesale permit.
(B) Except as provided in subsection (C), a manufacturer, brewer,
importer, or wholesaler of beer, or a person acting on his behalf, must
not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of
a retail permit any equipment, fixtures, free beer, or service. The holder
of a retail permit, or a person acting on his behalf, must not accept,
directly or indirectly, any equipment, fixtures, free beer, or service
referred to in this subsection from a manufacturer, brewer, importer, or
wholesaler of beer, except as provided in subsection (C).
(C) A wholesaler may furnish at no charge to the holder of a retail
permit draft beer equipment replacement parts of nominal value,
including washers, gaskets, hoses, hose connectors, clamps, and tap
markers, party wagons for temporary use, and point of sale advertising
specialties. A wholesaler may also furnish the following services to a
retailer: cleaning draught lines, setting boxes, rotating stock, affixing
price tags to beer products, and building beer displays.
(D) A manufacturer, brewer, and importer of beer are declared to be
in business on one tier, a wholesaler on another tier, and a retailer on
another tier. A person or an entity in the beer business on one tier, or a
person acting directly or indirectly on his behalf, may not have
ownership or financial interest in the beer business operation on another
tier. This limitation does not apply to the interest held on July 1, 1980,
by the holder of a wholesale permit in a business operated by the holder
of a retail permit at premises other than where the wholesale business is
operated. For purposes of this subsection, ownership or financial interest
does not include the ownership of less than one percent of the stock in a
corporation with a class of voting shares registered with the Securities
and Exchange Commission or other federal agency under Section 12 of
the Securities and Exchange Act of 1934, as amended, or a consulting
agreement under which the consultant has no control over business
decisions and whose compensation is unrelated to the profits of the
business.
(E) A manufacturer, brewer, importer, or wholesaler of beer may
discount product price based on quantity purchases if all discounts are on
price only, appear on the sales records, and are available to all
customers.
(F) No person or entity in the beer business on one tier may require a
person or entity in the beer business on another tier to advertise or
participate in a discount or special promotion.
Section 61-4-950. Neither the department nor the division has the
authority to regulate the size, type, or number of beer signs displayed on
the premises of a beer retailer or wholesaler.
Article 11
Beer Wholesaler Franchise
Section 61-4-1100. (1) It is unlawful for a producer who holds a
certificate of registration from the department (hereinafter `registered
producer') or an officer, agent, or representative of a registered
producer:
(a) to coerce, attempt to coerce, or persuade a person holding a
permit to sell beer, ale, porter, and other similar malt or fermented
beverages at wholesale (hereinafter `beer wholesaler') to enter into an
agreement to take any action which would violate a provision of this
article or any ruling or regulation in accordance therewith; or
(b) to unfairly, without due regard to the equities of the beer
wholesaler or without just cause or provocation, cancel or terminate a
written or oral agreement or contract, franchise, or contractual franchise
relationship of the wholesaler existing on May 1, 1974, or thereafter
entered into, to sell beer manufactured by the registered producer; this
provision is a part of a contractual franchise relationship, written or oral,
between a beer wholesaler and a registered producer doing business with
the beer wholesaler, just as though the provision had been specifically
agreed upon between the beer wholesaler and the registered producer.
However, notice of intention to cancel the agreement or contract, written
or oral, franchise, or contractual franchise relationship must be given in
writing at least sixty days before the date of the proposed cancellation or
termination. The notice must contain (i) assurance that the agreement or
contract, written or oral, franchise, or contractual franchise relationship is
being terminated in good faith and for material violation of one or more
provisions which are relevant to the effective operation of the agreement,
or contract, written or oral, franchise, or contractual franchise
relationship, if any, and (ii) a list of the specific reasons for the
termination or cancellation.
(2) It is unlawful for a beer wholesaler:
(a) to enter into an agreement or take any action which would
violate or tend to violate a provision of this article or any rule or
regulation promulgated pursuant thereto;
(b) to unfairly, without due regard for the equities of a registered
producer or without just cause or provocation, cancel or terminate a
written or oral agreement or contract, franchise, or contractual franchise
relationship of the registered producer existing on May 1, 1974, or
thereafter entered into, to sell beer manufactured by the registered
producer; this provision becomes a part of a contractual franchise
relationship, written or oral, between a beer wholesaler and a registered
producer doing business with the beer wholesaler, just as though this
provision had been specifically agreed upon between the beer wholesaler
and the registered producer. However, notice of intention to cancel the
agreement or contract, written or oral, franchise, or contractual franchise
relationship must be given in writing at least sixty days prior to the date
of the proposed cancellation or termination. The notice must contain (i)
assurance that the agreement or contract, written or oral, franchise, or
contractual franchise relationship is being terminated in good faith and
for material violation of one or more provisions which are relevant to the
effective operation of the agreement or contract, written or oral,
franchise, or contractual franchise relationship, if any, and (ii) a list of
the specific reasons for the termination or cancellation;
(c) to refuse to sell to a licensed retailer whose place of business is
within the geographical limits specified in a distributorship agreement
between the beer wholesaler and the registered producer for the brands
involved; or
(d) to store or warehouse beer or other malt beverages to be sold in
the State in a warehouse located outside the State.
Section 61-4-1110. If a registered producer and a beer wholesaler
licensed by the State at the time that they were engaged in the shipment
and receipt of malt beverages intended for sale in the State on May 1,
1974, and the shipment and receipt is continued until April 1, 1974, the
limitations on the cancellation or termination of an agreement or contract,
written or oral, franchise, or contractual franchise relationship provided in
Section 61-4-1100(1)(b) and in Section 61-4-1100(2)(b) are applicable
with respect to the shipment and receipt of the malt beverages, so that
neither the registered producer nor the beer wholesaler has the right to
discontinue the shipment and receipt except under the conditions
specified in those subsections.
Section 61-4-1120. The court of common pleas has jurisdiction and
power to enjoin the cancellation or termination of a franchise or
agreement between a beer wholesaler and a registered producer upon the
application of a beer wholesaler or producer who is or might be
adversely affected by the cancellation or termination; and in granting an
injunction, the court must make provisions necessary to protect the beer
wholesaler or registered producer while the injunction is in effect
including, but not limited to, a provision that the registered producer
must not supply the customers of the beer wholesaler by servicing the
customers through other distributors or means or a provision that the beer
wholesaler must continue to supply to his customers the products of the
registered producer. Application may be made by the beer wholesaler or
producer to the appropriate court in the county in which the business of
the wholesaler is located. The court may require a bond to be posted by
the party seeking the injunction, securing the party enjoined for damages
in an amount in the court's discretion.
Section 61-4-1130. (1) Except as hereinafter provided, a proposed
sale of an interest in the business carried on by a beer wholesaler which
under the laws of this State would require that the purchaser obtain a
permit to operate as a beer wholesaler is subject to the department's
approval of the purchaser as an applicant for a permit authorizing the sale
of beer. If the application of the prospective purchaser for the permit is
approved, it is unlawful, notwithstanding the terms, provisions, or
conditions of a written or oral contract or the franchise agreement
between the beer wholesaler and the registered producer, for a registered
producer to fail or refuse to approve the transfer or change of
ownership.
(2) Except as hereinafter provided, a proposed voluntary transfer of
an interest in the business carried on by a beer wholesaler or a transfer of
ownership in the business by reason of death is subject to the registered
producer's approval of the prospective transferee. This approval must
not be unreasonably withheld. If the registered producer does not give
notice of disapproval by certified mail within sixty days after receipt of
notification of the proposed voluntary transfer or within sixty days after
the death of the owner of the interest, the right of disapproval may not
thereafter be exercised.
Section 61-4-1140. The division is empowered to investigate
violations of this article and to furnish to the prosecuting attorney of a
court having jurisdiction of the offense information with respect to
violations of this article. The division has the power to enforce
compliance with the provisions of an injunction granted by the court
under the terms of this article; and if the court finds that there has been a
violation of the provisions of an injunction granted by it, the department
may revoke or suspend the permit of a beer wholesaler and may revoke
the registration of a registered producer and its right to ship beer into the
State.
Article 13
Territorial Restrictions; Distribution Agreements
Section 61-4-1300. Pursuant to the authority of the State under the
Twenty-First Amendment to the United States Constitution and to
promote the public's interest in fair and efficient distribution of beer, ale,
porter, and other similar malt or fermented beverages, and to ensure the
public's interest in uniform and effective control of the distribution of
these beverage products in the State, a wholesaler may sell any brand of
these beverage products in this State only in the territory described in a
distribution agreement filed pursuant to this article authorizing sale by the
wholesaler of the brand in that designated area. Within that designated
area, the wholesaler must service all holders of retail permits without
discrimination. The distribution agreement must be in writing, must
specify the brands it covers, and must be filed with the department. If a
brewer sells more than one brand, the agreement need not apply to all
brands sold by the brewer and may apply to only one brand. No brewer,
importer, or other supplier may provide by a distribution agreement for
the distribution of the brand filed pursuant to this article to more than
one wholesaler for all or any part of the designated territory. However, a
wholesaler may, upon approval of the department, service a territory
outside the territory designated in its distribution agreement during
periods of temporary service interruptions when requested by the brewer
and the wholesaler whose service is temporarily interrupted.
Section 61-4-1310. A wholesaler must file (1) a copy of its
distribution agreement with the department within sixty days after its
adoption, and (2) any amendments to the agreement within sixty days
after their adoption.
Section 61-4-1320. No provision of a distribution agreement may
expressly, by implication, or in its operation establish or maintain the
resale price of any brand of these beverage products by a wholesaler.
Article 15
Construction and Operation of Breweries and
Wineries
Section 61-4-1500. A person may construct, maintain, or operate a
brewery or winery in this State for the production of any beverage lawful
under this chapter.
Section 61-4-1510. Before a person constructs, maintains, or operates
a brewery or winery under this article, the person must apply to the
department for a permit. The application must be in writing in a form
the department prescribes. Except as otherwise provided in this section,
the applicant must pay a biennial permit tax of two hundred dollars upon
each brewery and on each commercial winery to be established and
operated. The permit tax must be paid to and collected by the
department before a permit is issued. However, the owner and operator
of a winery who consumes in the operation only the fruits produced on
his own farm or premises must pay a permit fee of ten dollars biennially.
Permits under this section expire December biennially. The fees charged
for permits for the operation of breweries and wineries must be prorated
by reducing the permit cost by one-eighth January 1, April 1, July 1, and
October 1 each year. A brewer or commercial wine manufacturer who
begins business during one of these intervals must pay for the eighth of
the permit period in which business is begun and for the eighth of the
permit period during the remainder of the period. No refund may be
made to a dealer who ceases business after obtaining a permit.
Section 61-4-1520. Upon violation of a rule or regulation for the
operation of breweries and commercial wineries authorized under this
article, the license or permit provided for herein must be canceled
immediately and becomes null and void.
Section 61-4-1530. A person who operates a brewery or winery
without a permit or after his permit has been canceled by the department
is guilty of a misdemeanor and, upon conviction, must be fined not less
than one hundred dollars nor more than five thousand dollars or
imprisoned not more than one year, or both.
Section 61-4-1540. For the purpose of administration and enforcement
of this article, the provisions of Chapter 21 of Title 12, when applicable,
are adopted and made a part of this article.
Article 17
Brewpubs
Section 61-4-1700. For purposes of this article:
(1) `Brewpub' means a tavern, public house, restaurant, or hotel
which produces on the permitted premises a maximum of two thousand
barrels a year of beer for sale on the premises.
(2) `Permitted premises' means those areas normally used by the
permittee or licensee to conduct his business and includes, but is not
limited to, the selling areas, brewing areas, storage areas, food
preparation areas, and parking areas.
(3) `Person' means an individual, partnership, corporation, or other
form of business organization.
Section 61-4-1710. The department may issue a brewpub permit to a
person to operate a brewpub in this State subject to the requirements of
this chapter and the payment of a biennial brewpub permit fee of two
thousand dollars.
Section 61-4-1720. The brewpub permit provided for in this article is
in lieu of a permit required for the manufacture of beer or sale of beer
and wine including, but not limited to, a brewer's and retailer's permit.
The sale of alcoholic liquors for consumption on the premises in
minibottles requires an appropriate license which may be issued to the
holder of a brewpub permit who meets all other qualifications for the
license under this title.
Section 61-4-1730. Beer brewed on a permitted premises under this
article must be taxed as provided in Article 7 of Chapter 21 of Title 12.
The permittee must maintain adequate records as determined by the
department to ensure the collection of this tax.
Section 61-4-1740. A brewpub permit authorizes the holder to:
(1) produce on the permitted premises a maximum of two thousand
barrels a year of beer for sale:
(a) on draft for consumption on the premises;
(b) in a sanitary container brought to the premises by the purchaser
and filled at the tap by the permittee at the time of sale; and
(c) in bottles for consumption by the purchaser off the
premises;
(2) sell the beer of a producer which has been purchased from a
wholesaler through the normal three-tier distribution chain set forth in
Section 61-4-940;
(3) serve food or otherwise be qualified as a public eating
establishment. This provision may not be construed to exempt a
permittee or licensee from the requirement that food must be served in
order for a license for the consumption of alcoholic liquors on the
premises to be issued.
Section 61-4-1750. No person holding a brewpub permit may sell
beer, ale, porter, or other similar malt or fermented beverages on draft,
on tap, from kegs, or from other containers unless approved by the rules
and regulations of the Department of Health and Environmental Control
governing eating and drinking establishments and other retail food
establishments.
Section 61-4-1760. No brewpub permittee may sell or ship the beer
produced on the permitted premises for sale in another location.
Section 61-4-1770. The department may suspend or revoke the permit
or license of a person who violates the provisions of this article.
CHAPTER 6
Alcoholic Beverage Control Act
Article 1
General Provisions
Section 61-6-10. This chapter is known and may be cited as `The
Alcoholic Beverage Control Act' (ABC Act).
Section 61-6-20. As used in the ABC Act, unless the context clearly
requires otherwise:
(1) `Alcoholic liquors' or `alcoholic beverages' means any spirituous
malt, vinous, fermented, brewed (whether lager or rice beer), or other
liquors or a compound or mixture thereof by whatever name called or
known which contains alcohol and is used as a beverage, but does not
include:
(a) wine when manufactured or made for home consumption and
which is not sold by the maker thereof or by another person; or
(b) a beverage declared by statute to be nonalcoholic or
nonintoxicating;
(2) `Bona fide engaged primarily and substantially in the preparation
and serving of meals' means a business which has been issued a Class A
restaurant license prior to issuance of a license under Article 5 of this
chapter, and in addition provides facilities for seating not less than forty
persons simultaneously at tables for the service of meals.
(3) `Manufacturer' means a person operating a plant or place of
business in this State for distilling, rectifying, brewing, fermenting,
blending, or bottling alcoholic liquors.
(4) `Furnishing lodging' means those businesses which rent
accommodations for lodging to the public on a regular basis consisting of
not less than twenty rooms.
(5) `Minibottle' means a sealed container of two ounces or less of
alcoholic liquor.
(6) `Nonprofit organization' means an organization not open to the
general public, but with a limited membership and established for social,
benevolent, patriotic, recreational, or fraternal purposes.
(7) `Producer', as used in the ABC Act, means a manufacturer,
distiller, rectifier, blender, or bottler of alcoholic liquors and includes an
importer of alcoholic liquors engaged in importing alcoholic liquors into
the United States.
(8) `Producer representative' means a person who is a citizen of this
State, who maintains his principal place of abode in this State, and who
is registered with the department pursuant to Article 7 of this chapter as
the South Carolina representative of a registered producer.
(9) `Registered producer' means a producer who is registered with
the department pursuant to Article 7 of this chapter.
(10) `Retail dealer' means a holder of a license issued under the
provisions of Article 3 of this chapter, other than a manufacturer or
wholesaler.
(11) `Wholesaler' means a person who purchases, acquires, or
imports from outside this State or who purchases or acquires from a
manufacturer in the State alcoholic liquors for resale.
Section 61-6-30. No provision in the ABC Act applies to alcohol
intended for use in the manufacture and sale of any of the following
when they are unfit for beverage purposes:
(1) denatured alcohol produced and used pursuant to acts of
Congress and regulations promulgated thereunder;
(2) patent, proprietary, medicinal, pharmaceutical, antiseptic, and
toilet preparations;
(3) flavoring extracts, syrups, and food products; and
(4) scientific, chemical, mechanical, and industrial products.
A person who knowingly sells any product enumerated in items (1),
(2), (3), or (4) for beverage purposes is guilty of a misdemeanor and,
upon conviction, is subject to a fine of not more than two hundred
dollars or imprisonment of not more than sixty days, or both. No
provision of the ABC Act applies to ethyl alcohol intended for use by
hospitals, colleges, governmental agencies, or other permittees entitled to
obtain this alcohol tax free, as provided by acts of Congress and
regulations promulgated thereunder.
Section 61-6-40. The ABC Act is declared to be complementary to
and not in conflict with the laws providing for the lawful sale of beers,
wines, and other vinous, fermented, or malt liquors.
Section 61-6-50. The wilful violation of any rule or regulation made
under the provisions of the ABC Act constitutes a violation of the
act.
Section 61-6-60. The division may employ inspectors or agents
necessary for the proper administration and enforcement of the provisions
of the ABC Act. The salaries of these inspectors or agents must be fixed
by the division. The Governor shall commission as state constables
inspectors or agents as are certified by the division in order that they
have adequate authority as peace officers to enforce these provisions. An
inspector or agent must, before entering upon the discharge of his duties,
take and subscribe the oath of office as required by Article III, Section 2
of the Constitution of South Carolina, and any additional oath required
by law, and must give bond payable to the State in a form approved by
the Attorney General, in the penal sum of five thousand dollars with
some surety or guaranty company authorized to do business in this State
and approved by the division, conditioned upon the faithful discharge of
his duties. The bonds must be filed with and preserved by the Secretary
of State.
Section 61-6-70. The department and the division may, in their
discretion, employ clerical, stenographic, and other personnel, including
chemists, necessary to administer the ABC Act, and may prescribe their
duties and fix their compensation. The department or the division may
require any employee to furnish bond conditioned upon the faithful
performance of his duty. The bond must be filed with and preserved by
the department or the division.
Section 61-6-80. The department and the division must file annually
with the Governor and the General Assembly their annual reports as of
June thirtieth of each year, and must report to the Governor on their
affairs generally or on special matters as often as he requires.
Article 3
Regulation of Retailers, Wholesalers, and
Manufacturers
Subarticle 1
Qualifications of Licensees;
Restrictions on Licenses and Licensees
Section 61-6-100. Except as otherwise provided, the department has
sole and exclusive power to suspend and revoke all licenses provided for
in the ABC Act. The department may issue, subject to revocation, the
following licenses under this article:
(1) manufacturers' licenses which authorize the licensees to
manufacture alcoholic liquors and to sell and deliver or ship them, in
accordance with regulations, in bottles or in similar closed containers to a
person in this State who has a wholesaler's license issued under this
article, and in barrels, bottles, or other closed containers to persons
outside this State. However, no deliveries or shipments may be made
into another state whose laws prohibit the consignee from receiving or
selling alcoholic liquors;
(2) wholesalers' licenses which authorize the licensees to purchase,
store, keep, possess, import into this State, transport, sell, and deliver
alcoholic liquors in bottles or similar closed containers, in accordance
with regulations, to a person having a manufacturer's or retail dealer's
license issued under this article; and
(3) retail dealers' licenses which authorize the licensees to purchase
alcoholic liquors from wholesalers having licenses issued under this
article, and to store, keep, possess, and sell alcoholic liquors at retail for
consumption in compliance with the provisions of the ABC Act and
regulations not in conflict herewith.
Section 61-6-110. Unless the department in its discretion otherwise
orders, no person is eligible for a license under this article or Article 7 of
this chapter if he or the person who will have actual control and
management of the business proposed to be operated:
(1) is less than twenty-one years of age;
(2) is not a legal resident of the United States and has not been a
resident of South Carolina for at least thirty days before the date of
application and has maintained his principal place of abode in South
Carolina for at least thirty days before the date;
(3) is not of good repute; or
(4) has had a license under this or another statute regulating the
manufacture or sale of alcoholic liquors which has been revoked within
five years preceding the filing of the application.
Section 61-6-120. The department must not issue a license provided
for in this article or Article 7 of this chapter if the place of business is
within three hundred feet of a church, school, or playground situated
within a municipality or within five hundred feet of a church, school, or
playground situated outside a municipality. The distance must be
computed by following the shortest route of ordinary pedestrian or
vehicular travel along the public thoroughfare from the nearest point of
the grounds in use as part of the church, school, or playground, which
are defined as follows:
(1) `Church' means an establishment, other than a private dwelling,
where religious services are usually conducted;
(2) `School' means an establishment, other than a private dwelling,
where the usual processes of education are usually conducted; and
(3) `Playground' means a place, other than grounds at a private
dwelling, which is provided by the public or members of a community
for recreation.
These restrictions do not apply to the renewal of licenses existing on
July 10, 1960, or to locations existing on that date.
Section 61-6-130. No license may be issued to more than one member
of a household in this State.
Section 61-6-140. No more than three retail dealer licenses may be
issued to one licensee, and the licensee must be eligible for a license for
each store pursuant to Section 61-6-110.
No more than three retail dealer licenses may be issued for the use of
one corporation, association, partnership, or limited partnership. A
corporation having the use of a retail dealer license that is owned by
another corporation is considered to be holding the retail dealer license
for the use of the owning corporation.
Section 61-6-150. No person, directly or indirectly, individually or as
a member of a partnership or an association, as a member or stockholder
of a corporation, or as a relative to a person by blood or marriage within
the second degree, may have any interest whatsoever in a retail liquor
store licensed under this section except the three stores covered by his
retail dealer's licenses, as provided for in Section 61-6-140. The
prohibitions in this section do not apply to a person having an interest in
retail liquor stores on July 1, 1978.
Section 61-6-160. The department may, in its discretion, after
investigation by the division, license retail dealers in unincorporated
towns and communities when it would be to the interest of the
unincorporated town or community to have a licensed retail dealer
therein. However, the department may not license a retail dealer in any
locality unless the department determines that the locality is under proper
police protection.
Section 61-6-170. The department may, in its discretion, limit the
further issuance of retail dealer licenses in a political subdivision if it
determines that the citizens who desire to purchase alcoholic liquors
therein are more than adequately served because of (1) the number of
existing retail stores, (2) the location of the stores within the subdivision,
or (3) other reasons.
Section 61-6-180. (A) A person who intends to apply for a license
under this article or Article 7 of this chapter must advertise at least once
a week for three consecutive weeks in a newspaper most likely to give
notice to interested citizens of the county, city, or community in which
the applicant proposes to engage in business. 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. The notice must be in
large type, cover a space one column wide and not less than two inches
deep, and state the type of license applied for and the exact location at
which the proposed business is to be operated. An applicant for a beer
or wine permit and an alcoholic liquor license may use the same
advertisement for both if the advertisement is approved by the
department.
(B) Notice also must be given by displaying a sign for fifteen days at
the site of the proposed business. The sign must:
(1) state the type of license sought;
(2) state where an interested person may protest the application;
(3) be in bold type;
(4) cover a space at least eleven inches wide and eight and one-half
inches high; and
(5) be posted and removed by an agent of the division.
The provisions of this section requiring publication of notice do not
apply to a person licensed under the provisions of this article or Article 7
of this chapter when the licensee applies to the department for a renewal
of his license to engage in the same business at the same location.
Section 61-6-190. The department must not issue any license until the
applicant has paid the license tax required by Chapter 33 of Title 12.
Subarticle 3
Bond for Manufacturers, Wholesalers, and Retail
Dealers
Section 61-6-300. A person upon whose application for a
manufacturer's or retail dealer's liquor license the department has acted
favorably must, within ten days from the date he receives notice of the
action, either (a) file with the department a bond payable to the State in a
form approved by the department, in the penal sum of two thousand
dollars with some surety or guaranty company authorized to do business
in the State and approved by the department, conditioned upon the lawful
operation of the business covered by the license and the prompt payment
of all license taxes provided in Chapter 33 of Title 12; or (b) deposit
cash with the State Treasurer in the amount of two thousand dollars or
securities sufficient, in the opinion of the State Treasurer, to secure
adequately the amount of two thousand dollars, which deposit must be
made upon the same condition as that required to be set forth in the
bond.
Section 61-6-310. A person upon whose application for a wholesaler's
license the department has acted favorably must, within ten days from the
date he receives notice of favorable action by the department, either (a)
file with the department a bond payable to the State in a form approved
by the department, in a penal sum which the department determines to be
sufficient to protect the interests of the State, but in no case to exceed
five hundred thousand dollars, with some surety or guaranty company
authorized to do business in this State and approved by the department,
conditioned upon the lawful operation of the business covered by the
license and the prompt payment of all taxes imposed by Chapter 33 of
Title 12; or (b) deposit cash with the State Treasurer in the amount of the
bond or securities sufficient, in the opinion of the State Treasurer, to
secure adequately the amount of the bond. The deposit must be made
upon the same condition as that required in the bond and must be held by
the State Treasurer without interest.
Section 61-6-320. A violation of any provision of the ABC Act or of
Chapter 33 of Title 12 by the licensee, his agents, or servants constitutes
a breach of the condition of the bond filed or the deposit made by the
licensee under this article. Forfeiture of the bond or deposit is in
addition to other penalties or punishment provided in the ABC Act.
Section 61-6-330. If the department finds that the condition of the
bond filed or deposit made by a licensee under this article has been
broken, the department must bring an action in its name in the county in
which the business of the licensee is or was located and operated to
recover the amount of the bond. The action must be against the licensee
and his surety if the licensee filed a bond and must be against the
licensee only if he deposited cash or securities.
Section 61-6-340. The cash deposited by the licensee must be applied
by the State Treasurer in payment of the judgment recovered against the
licensee. If securities were deposited by the licensee, the State Treasurer
must, after fifteen days' advertisement, sell the securities at public
auction and apply the proceeds of the sale to the payment of the
judgment recovered against the licensee, paying over to the licensee any
amount remaining.
Section 61-6-350. The amounts received by the department or by the
State Treasurer from the collection and payment of judgments recovered
under this article must be deposited with the State Treasurer to be
disposed of in the manner provided in Chapter 33 of Title 12 for the
disposition of license taxes collected under that chapter.
Subarticle 5
Temporary Permits
Section 61-6-500. Notwithstanding any other provision of law, a
permit not to exceed seventy-two hours to allow the possession and
consumption of alcoholic liquors must be issued upon request to the
public authorities in charge of a publicly owned auditorium, coliseum, or
armory. This permit is for the benefit of any person leasing or otherwise
lawfully using the subject premises.
Section 61-6-510. The department may issue a temporary permit to
allow the possession, sale, and consumption of alcoholic liquors. This
permit is valid for a period not to exceed twenty-four hours, and may be
issued only to bona fide nonprofit organizations that have been in
existence and operating for at least twelve months before the date of
application, to nonprofit educational foundations, and to political parties
and their affiliates duly certified by the Secretary of State. The
department must charge a nonrefundable filing fee of thirty-five dollars
for processing each application. The department in its discretion must
specify the terms and conditions of the permit. For purposes of this
section, `nonprofit organization' means an organization not open to the
general public, but with a limited membership and established for social,
benevolent, patriotic, recreational, or fraternal purposes.
Subarticle 7
License for Wine, Liquors, and Other Beverages
Used in Cooking
Section 61-6-700. An establishment which offers meals to the public
must be licensed by the department to purchase and possess liqueurs,
wines, and similar alcoholic beverages used solely in the cooking and
preparing of foods served by the establishment. Application for the
license must be in a form and under conditions prescribed by the
department. The license fee is fifty dollars. A person violating this
section is guilty of a misdemeanor and, upon conviction, must be fined
five hundred dollars, and other licenses he holds from the department
under this title must be revoked.
The license provided in this section does not alter or limit the
privileges or responsibilities for holders of licenses issued to authorize
the possession, sale, and consumption of alcoholic liquors in minibottles
under Article 5 of this chapter. Establishments so licensed may use
alcoholic liquors in the preparation of food without obtaining the license
provided for in this section if only liquors in minibottles are used in the
food preparation.
Subarticle 9
Refusal, Suspension, or Revocation of Licenses
Section 61-6-900. In the event of a licensee's death, except in the case
of a license issued to more than one person, the personal representative
of the deceased licensee may, with the consent of the probate court and
upon permit of the department, continue the operation of the business
covered by the license. If the personal representative elects to
discontinue the business or if the department does not issue a permit for
its continuance, the unearned portion of the license tax, computed on the
basis of the cost of the license per month for the period for which the
license was issued, must be refunded to the personal representative.
Alcoholic liquors of the deceased which are subject to the control of the
personal representative may be sold by him as provided in Section
61-6-950.
Section 61-6-910. The department must refuse to issue any license
under this article or Article 7 of this chapter if the department is of the
opinion that:
(1) the applicant is not a suitable person to be so licensed;
(2) the store or place of business to be occupied by the applicant is
not a suitable place; or
(3) a sufficient number of licenses have already been issued in the
State, incorporated municipality, unincorporated community, or other
community.
Section 61-6-920. The department may suspend or revoke a license
issued under this article or Article 7 of this chapter if it determines
that:
(1) the licensee is not a suitable person to hold the license; or
(2) the store or place of business occupied by the licensee is not a
suitable place.
Section 61-6-930. The department must revoke the license of a
wholesaler if proof is obtained that the wholesaler has a direct or an
indirect interest in a retail store.
Section 61-6-940. The department must immediately revoke a retail
license to sell alcoholic liquors if the licensee or an officer of the licensee
is, during the effective period of the license, indebted to a wholesaler
licensed by the department, except an indebtedness for current purchases
of alcoholic liquors which are not past due.
Section 61-6-950. Alcoholic liquors owned by or in possession of a
licensee for sale at the time the license is suspended or revoked or
otherwise terminated may, upon the issuance by the department of a
permit, within the time fixed in the permit, and upon those conditions as
the department specifies, be sold by the licensee to licensed
manufacturers, wholesalers, or retail dealers or may, upon a permit issued
by the department and within the time fixed in the permit, be sold to
persons outside this State for resale outside the State. However, no
deliveries or shipments may be made into another state whose laws
prohibit the consignee from receiving or selling alcoholic liquors. The
time fixed by the department in a permit under this section must not be
less than sixty days.
Subarticle 11
Regulation of Manufacturers
Section 61-6-1100. No manufacturer may own or operate more than
one plant, establishment, or place of business for the manufacture of
alcoholic liquors in any one county of this State, nor may he permit the
drinking of alcoholic liquors on his premises.
Subarticle 13
Regulation of Wholesalers
Section 61-6-1300. No wholesaler may:
(1) sell, barter, exchange, give, transfer, or deliver for consumption
alcoholic liquors to a person not having a retail dealer's license issued
under this article;
(2) permit the drinking of alcoholic liquors on his premises;
(3) condition the sale of alcoholic liquors to a retail dealer upon the
purchase or receipt of another kind or brand of alcoholic liquors than that
ordered by the retail dealer;
(4) sell alcoholic liquors between the times of sundown and
sunrise;
(5) sell alcoholic liquors on credit; however, this item does not
prohibit payment by electronic transfer of funds if (a) the transfer of
funds is initiated by an irrevocable payment order on or before delivery
of the alcoholic liquors and (b) the electronic transfer is initiated by the
wholesaler no later than one business day after delivery;
(6) directly or indirectly, individually or as a member of a
partnership or an association, as a member or stockholder of a
corporation, or as a relative to a person by blood or marriage within the
third degree, have an interest in a business, store, or establishment
dealing in alcoholic liquors except the store or place of business covered
by his wholesaler's license; or
(7) redeem proof-of-purchase certificates for any promotional
item.
Section 61-6-1310. A wholesaler must, for the purpose of conducting
his business under his wholesaler's license, maintain a separate store or
warehouse and no other goods, wares, or merchandise except
nonalcoholic beverages may be kept or stored therein. No place of
amusement may be maintained in the place or in the same building or in
connection therewith.
Section 61-6-1320. A wholesaler must file with the department, on or
before the first day of each month, a statement showing the stock of
alcoholic liquors received by him during the preceding thirty days, and
additional reports the department requires.
Subarticle 15
Regulation of Retail Dealers
Section 61-6-1500. No retail dealer may:
(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or
permit to be sold, bartered, exchanged, given, transferred, or delivered
alcoholic liquors in less quantities than two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate
containers containing less than two hundred milliliters;
(3) sell, barter, exchange, give, transfer, or deliver, offer for sale,
barter, or exchange or permit the sale, barter, exchange, gift, transfer, or
delivery of alcoholic liquors (a) between the hours of 7:00 p.m. and 9:00
a.m.; (b) for consumption on the premises; (c) to a person under
twenty-one years of age; (d) to an intoxicated person; or (e) to a mentally
incompetent person;
(4) permit the drinking of alcoholic liquors in his store or place of
business;
(5) sell alcoholic liquors on credit; however, this item does not
prohibit payment by electronic transfer of funds if (a) the transfer of
funds is initiated by an irrevocable payment order on or before delivery
of the alcoholic liquors and (b) the electronic transfer is initiated by the
retailer no later than one business day after delivery; or
(6) redeem proof-of-purchase certificates for any promotional
item.
However, during restricted hours retail dealers are permitted to
receive, stock, and inventory merchandise, provide for maintenance and
repairs, and other necessary, related functions that do not involve the sale
of alcoholic liquors.
The provisions of this section relating to quantities of less than two
hundred milliliters do not apply to (1) minibottles when authorized by
law to be sold to persons licensed to sell minibottles for on-premises
consumption or (2) minibottles sold for consumption on commercial
aircraft engaged in interstate commerce.
It is unlawful for a person licensed to sell alcoholic liquors under the
provisions of this section to refill a minibottle. A person who violates
this provision must, upon conviction, have his license revoked
permanently.
A retail dealer must keep a record of all sales of alcoholic liquors sold
in minibottles. The record must include the name of the purchaser and
the date and quantity of the sale.
It is unlawful to sell minibottles except during lawful hours of
operation.
A retail dealer who sells alcoholic liquors in minibottles to a person
not licensed under Article 5 of this chapter is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars
and his retail dealer's license may be suspended or revoked in the
discretion of the department. As used in this paragraph, `a person
licensed under Article 5 of this chapter' includes his designated agent as
a purchaser.
Section 61-6-1510. A retail dealer must maintain a separate store or
place of business with not more than two means of public ingress or
egress which must be on the front or the same side of the building,
except that the doors may be located at the corner of two adjacent sides
of the building. One additional door, not in the front, is allowed to be
used solely for the receipt of commercial deliveries and as an emergency
exit.
Red dots not exceeding thirty-six inches in diameter may be placed on
each side of the building and on the rear and front of the building.
A sign not to exceed thirty-six inches in diameter may be attached to
the front of the building or may be suspended from the front of the
building. The words `ABC Package Store', the owner's name, and
license number may appear on the sign. Letters must be white with a red
background, must be no more than six inches high, and must be no more
than four inches wide. A retail dealer may attach to his store one
additional sign not exceeding the dimensions of ten feet by four feet.
This sign may only be white and may only contain the words `ABC
Package Store' in black letters. No other letters or symbols may be
placed on this sign.
Retail dealers may place signs containing the words `ABC Package
Store' in shopping center directories as long as the signs are the same
size as those listing other stores in the directory.
A retail dealer may place one sign not exceeding three feet by three
feet off his licensed premises. This sign may only be white, and may
only contain the words `ABC Package Store' in black letters. This sign
may also contain a red dot and a black arrow showing the direction to
the package store. No other words or symbols may be placed on this
sign.
A retail dealer may place a reasonable number of signs on his licensed
premises indicating the designated parking for his licensed premises. In
no case may the number of signs be more than the number of parking
spaces. These signs may only be white and may only contain the words
`ABC Package Store Parking' in black letters. No other letters or
symbols may be placed on the signs. The signs may be painted on the
pavement with letters not exceeding six inches in height and four inches
in width or may be placed as a vertical sign which may not exceed six
inches in height and twenty inches in length. The top of each vertical
sign may not be more than twenty inches from the ground. A retail
dealer may have only one type of sign per parking space.
Except as provided in Sections 61-6-1520 and 61-6-1530, signs by
retail dealers other than those specifically authorized by this section are
prohibited, and retail dealers may not display signs other than those
authorized by this section that are visible from outside their places of
business, except signs which indicate the hours of operation of the
business or whether the business is open or closed. A retail dealer may
have no more than two signs to indicate the hours of operation of the
business and no more than two signs to indicate whether the business is
open or closed. These signs must be on the licensed premises and may
not exceed twelve inches in height and sixteen inches in width. Letters
on the signs must be white with a red or black background, red with a
white or black background, or black with a red or white background.
Section 61-6-1520. A retail dealer must display retail prices on the
shelf under each brand and bottle size. No bottles of alcoholic liquors or
no packages containing alcoholic liquors may be displayed in the front or
windows of the store or place of business of a retail dealer. However, a
retail dealer may display signs in the store or place of business with the
price and bottle size in letters of any size. These signs must not be
visible from outside the store or place of business.
Section 61-6-1530. A retail dealer must have posted in his place of
business signs with the following words printed thereon:
(1) `The possession of beer, wine, or alcoholic liquors, by a person
under twenty-one years of age is a criminal offense under the laws of this
State, and it is also unlawful for a person to knowingly give false
information concerning his age for the purpose of purchasing beer, wine,
or liquor'. The department must prescribe by regulation the size of the
lettering and the location of the sign on the seller's premises.
A retail seller of alcoholic liquors who fails to display this sign is
guilty of a misdemeanor and, upon conviction, must be fined not more
than one hundred dollars or imprisoned for not more than thirty days. A
person found guilty of a violation of Section 61-4-70 and this subsection
may not be sentenced under both Section 61-4-70 and this subsection for
the same offense.
(2) `A person may transport alcoholic liquors to and from a place
where alcoholic liquors may be lawfully possessed or consumed; but if
the cap or seal on the container has been opened or broken, it is unlawful
to transport alcoholic liquors in a motor vehicle, except in the luggage
compartment or cargo area'. The size of the lettering and approved
locations on the retail dealer's premises must be provided for by rules
and regulations of the department.
Section 61-6-1540. (A) Except as provided in subsection (B), no other
goods, wares, or merchandise may be kept or stored in or sold in or from
a retail alcoholic liquor store or place of business, and no place of
amusement may be maintained in or in connection with the store.
However, retail dealers may sell drinking glassware packaged together
with alcoholic liquors if the glassware and alcoholic liquors are packaged
together by the wholesaler or producer in packaging provided by the
producer. Retail dealers also may sell nonalcoholic items, other than
beer or wine, packaged together with alcoholic liquors if the nonalcoholic
items and alcoholic liquors are in sealed packages and are packaged
together by the alcoholic liquor producer at its place of business.
(B) Retail dealers licensed under the ABC Act may sell all wines in
the stores or places of business covered by their respective licenses,
whether declared alcoholic or nonalcoholic or nonintoxicating by the laws
of this State. Wines containing more than fourteen percent of alcohol by
volume may be sold only in licensed alcoholic liquor stores or in
establishments licensed to sell and permit consumption of alcoholic
liquors in minibottles. The provisions of this section must not be
construed to amend, alter, or modify the taxes imposed on wines or the
collection and enforcement of these taxes.
Section 61-6-1550. The restrictive provisions of this article relating to
retail dealers do not apply to sales of alcoholic liquors by railroad,
Pullman, or airline companies to passengers on interstate trains or aircraft
for consumption thereon; and to this end, these sales are permitted.
Article 5
Regulation of Alcoholic Liquors in Minibottles
Subarticle 1
Biennial Minibottle Licenses and Licensees
Section 61-6-1600. Nonprofit organizations which are licensed by the
department under this article may sell alcoholic liquors in minibottles.
Members or guests of members of these organizations may consume
alcoholic liquors sold in minibottles upon the premises between the hours
of ten o'clock in the morning and two o'clock the following
morning.
Section 61-6-1610. (A) Except on Sunday, it is lawful to sell and
consume alcoholic liquors sold in minibottles in a business establishment
between the hours of ten o'clock in the morning and two o'clock the
following morning if the establishment meets the following
requirements:
(1) the business is bona fide engaged primarily and substantially in
the preparation and serving of meals or furnishing of lodging; and
(2) the business has a license from the department authorizing the
sale and consumption of alcoholic liquors, which is conspicuously
displayed on the main entrance to the premises and clearly visible from
the outside.
(B) Notwithstanding any other provision of this article, the licensed
premises of a business establishment which is bona fide engaged
primarily and substantially in the preparation and service of meals and
which holds a valid license for the sale and consumption of alcoholic
liquors in minibottles do not extend to any portion of the business
establishment or the property upon which it is located which is designed
as or used for a parking area or a deck to a swimming pool even though
food may be served in the area.
(C) An establishment licensed under this article may use alcoholic
liquors in the preparation of food without obtaining the license provided
for in Section 61-6-700 if only liquors in minibottles are used in the food
preparation.
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.
Section 61-6-1630. (A) Alcoholic liquors in minibottles as authorized
to be sold under this article must be purchased only by a person licensed
under this article, in case lots, and only from licensed retail dealers. As
used in this section, `a person licensed under this article' includes his
designated agent as a purchaser.
(B) No person licensed under the provisions of this article may be
licensed as a retail dealer on the same premises.
Subarticle 3
Applications for Biennial Licenses
Section 61-6-1800. No person, corporation, or organization for whose
premises a license is required pursuant to subarticle 1 of this article may
knowingly allow the possession or consumption of alcoholic liquors upon
the premises unless a valid license issued pursuant to Section 61-6-1820
has been obtained and is properly displayed.
Section 61-6-1810. (A) A person making application for a license
under subarticle 1 of this article 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 for each
location. 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 or are refundable if a license is not issued. The
schedule of fees for the license is:
(1) one thousand, five hundred dollars biennially for a nonprofit
organization, as defined in Section 61-6-20(6);
(2) one thousand, five hundred dollars biennially for a business
establishment, as described in Section 61-6-1610.
(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 year: one-fourth of the prescribed
fee.
Section 61-6-1820. The department may issue a license under
subarticle 1 of this article upon finding:
(1) The applicant is a bona fide nonprofit organization or the
applicant conducts a business bona fide engaged primarily and
substantially in the preparation and serving of meals or furnishing of
lodging.
(2) The applicant, if an individual, is of good moral character or, if
a corporation or association, has a reputation for peace and good order in
its community, and its principals are of good moral character.
(3) As to business establishments or 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 engage in business. 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. An applicant for a beer or wine permit and
an alcoholic liquor license may use the same advertisement for both if it
is approved by the department.
(5) Notice has been given by displaying a sign for fifteen days at
the site of the proposed business. 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.
(6) The applicant is twenty-one years of age or older.
(7) The applicant is a legal resident of the United States, has been a
resident of this State for at least thirty days before the date of
application, and has maintained his principal place of abode in this State
for at least thirty days before the date of application.
(8) The applicant has not been convicted of a felony within ten
years of the date of application.
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
license until interested persons have been given an opportunity to be
heard.
Section 61-6-1830. The department may suspend, revoke, or refuse to
renew a license issued pursuant to subarticle 1 of this article upon finding
that:
(1) the applicant no longer meets the requirements of Section
61-6-1820; or
(2) the applicant has violated since the issuance of the license any
regulation; or
(3) the applicant has violated since the issuance of the license any
provision of the ABC Act; or
(4) the applicant 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.
Subarticle 5
Temporary Licenses
Section 61-6-2000. In addition to the minibottle licenses authorized
under subarticle 1 of this article, the department may also issue a
temporary license for a period not to exceed twenty-four hours to
nonprofit organizations which authorizes these organizations to purchase
and sell at a single social occasion alcoholic liquors in minibottles.
Notwithstanding any other provision of this article, the issuance of this
permit authorizes the organization to purchase alcoholic liquors in
minibottles from licensed retail dealers in the same manner that persons
with biennial minibottle licenses are authorized to make these purchases.
The fee for the permit is thirty-five dollars payable at the time of
application. The permit application must include a statement by the
applicant as to the amount of alcoholic liquors to be purchased and the
nature and date of the social occasion at which they are to be sold. The
issuance or nonissuance of permits authorized under this section is within
the sole discretion of the department.
Section 61-6-2010. The department may issue a temporary permit to
allow the possession, sale, and consumption of alcoholic liquors in
minibottles. This permit is valid for a period not to exceed twenty-four
hours and may be issued only to bona fide nonprofit organizations and
business establishments otherwise authorized to be licensed for sales.
The department must charge a nonrefundable filing fee of one hundred
dollars for processing each application and a daily permit fee of fifty
dollars for each day for which a permit is approved. An application must
be filed for each permit requested. The permit fees must be credited to
the general fund of the State. The department must specify the terms and
conditions of the permit.
Permits authorized by this section may be issued only in those
counties or municipalities where a majority of the qualified electors
voting in a referendum vote in favor of the issuance of the permits. The
county or municipal election commission, as the case may be, must
conduct a referendum upon petition of at least ten percent but not more
than twenty-five hundred qualified electors of the county or municipality,
as the case may be, in not less than thirty nor more than forty days after
receiving the petition. The election commission must publish a notice in
a newspaper circulated in the county or municipality, as the case may be,
at least seven days before the referendum. The state election laws apply
to the referendum, mutatis mutandis. The election commission must
publish the results of the referendum and certify them to the department.
The question on the ballot must read substantially as follows:
`Shall the South Carolina Department of Revenue and Taxation be
authorized to issue temporary permits in this (county)(municipality) for a
period not to exceed twenty-four hours to allow the possession, sale, and
consumption of alcoholic liquors in minibottles to bona fide nonprofit
organizations and business establishments otherwise authorized to be
licensed for sales'?
A referendum for this purpose may not be held more often than once
in forty-eight months.
The expenses of a referendum under this section must be paid by the
county or municipality conducting the referendum.
Subarticle 7
Provisions Relating to Sales, Delivery, and
Consumption
of Liquor in Minibottles
Section 61-6-2200. No person may serve or deliver to a purchaser
alcoholic liquors in minibottles in a business where these sales are
authorized unless the person is eighteen years of age or older; nothing
contained in this section may be construed as allowing bartenders under
the age of twenty-one.
Section 61-6-2210. The purchaser must break the seal of a minibottle
unless the seller breaks the seal in the presence of the purchaser and
delivers the container.
Section 61-6-2220. No person or establishment licensed to sell
alcoholic beverages pursuant to this article may sell these beverages to
persons in an intoxicated condition; these sales are considered violations
of the provisions thereof and subject to the penalties contained
herein.
Subarticle 9
Miscellaneous Provisions
Section 61-6-2400. Alcoholic liquors sold in minibottles must be
taxed pursuant to Chapter 33 of Title 12.
Section 61-6-2410. A restaurant with a Class A license issued by the
Department of Health and Environmental Control (DHEC) may serve
food or beverages at its adjoining facilities located outside the restaurant
if the food is prepared in a kitchen of the restaurant which is subject to
inspection by DHEC and is placed on individual plates or in individual
serving dishes inside the restaurant, and if uncovered containers in which
the beverages are served are filled only to satisfy the order of a
customer.
Section 61-6-2420. This article does not authorize a Class B
Restaurant to sell, dispense, barter, or trade in minibottles. The law
controlling Class B Restaurants in reference to the sale or dispensing of
alcoholic liquors is not affected in any manner.
Subarticle 11
Penalties for Violations of Article 5
Section 61-6-2600. A person who transports, possesses, or consumes
alcoholic liquors except in a manner permitted by this article or a person
who violates any of the provisions thereof is guilty of a misdemeanor
and, upon conviction, must be fined not more than one hundred dollars
or imprisoned for not more than thirty days. In addition, a person
licensed to sell alcoholic liquors pursuant to the provisions of this article
who has in his possession on his licensed premises alcoholic liquors in
containers other than minibottles, except wine as authorized for sale
under Section 61-6-1540(B), or who displays minibottles when the seals
are broken or who violates any other provision of this article must:
(1) for a first offense be fined not less than two hundred dollars nor
more than five hundred dollars or have his license suspended for not
more than thirty days, or both;
(2) for a second offense within three years of the first offense be
fined not less than two hundred dollars nor more than five hundred
dollars or have his license suspended for not more than one hundred
eighty days, or both;
(3) for a third offense within three years of the first offense be fined
not less than five hundred dollars and have his license revoked
permanently;
(4) for a violation involving the avoidance of taxes, a fine of not
less than one thousand dollars and permanent revocation of his
license.
Section 61-6-2610. A person, corporation, or organization who has in
its possession, custody, or within its control alcoholic liquors which are
handled, stored, kept, possessed, transported, used, or distributed in
violation of any provision of the ABC Act or with the design of avoiding
payment of license taxes provided in Chapter 33 of Title 12, or other
taxes must be required to pay a penalty of twenty dollars per container to
be assessed by the department as other taxes are collected. The
department may, upon good cause shown, remit any penalties provided in
this section in whole or in part. In addition, these alcoholic liquors are
contraband and may be seized and confiscated without a warrant by the
division, its respective agents, or a peace officer, and must be disposed of
in accordance with Section 61-6-4310.
Article 7
Importation of Alcoholic Liquors
Section 61-6-2800. The provisions of this article are applicable,
notwithstanding any other provision of law.
Section 61-6-2810. A South Carolina manufacturer licensed under the
provisions of Article 3 of this chapter is exempt from the provisions of
this article.
Section 61-6-2820. No person other than a registered producer may
ship, move, or cause to be shipped or moved alcoholic liquors from a
point outside the State to a point inside the State, and then only in
accordance with the provisions of this article. No brand may be
registered by the producer unless the person registering the brand is
either the American producer or the primary American source of supply
in the United States of the brand as herein defined; and it is unlawful for
a wholesaler in this State to order, purchase, or receive any alcoholic
liquors from any producer who is not the primary American source of
supply for the brand ordered, purchased, or received. The term `primary
American source of supply' means the manufacturer, distiller, vintner,
winery, or owner of vinous or spirituous beverages at the time it becomes
a marketable product, or bottler, or the exclusive agent of any such
person, who, if the product cannot be secured directly from the
manufacturer by an American distributor, is the source closest to the
manufacturer in the channel of commerce from whom the product can be
secured by an American distributor, or who, if the product can be
secured directly from the manufacturer by an American distributor, is the
manufacturer.
Section 61-6-2830. No alcoholic liquors may be shipped or moved
into this State unless each brand of alcoholic liquors is registered with
the department in accordance with the provisions of this article and
regulations of the department promulgated thereunder.
Section 61-6-2840. (A) A producer must apply to the department on
forms the department prescribes for a certificate of registration. This
certificate must be approved and issued before the shipment of alcoholic
liquors by the producer to a point within the State.
(B) A producer, at the time application is made for a certificate of
registration, must remit a fee of two hundred dollars to the department.
When a certificate is applied for on or after March first, the fee is one
hundred fifty dollars.
(C) A certificate of registration is valid from the date of issue until
the second August thirty-first after the issuance of the license.
Section 61-6-2850. (A) A registered producer, before the shipment of
alcoholic liquors to a point within the State, must obtain from the
department a certificate of registration for each brand of alcoholic liquors
intended to be shipped to a point within this State. The department must
provide appropriate forms for application for certificate of registration of
brands of alcoholic liquors.
(B) An application for a certificate of registration of brands of
alcoholic liquors must be accompanied by a fee of twenty dollars payable
to the department for each brand except the first five brands of a
registered producer.
(C) A certificate of registration of brands of alcoholic liquors is valid
from the date of issue to the second August thirty-first after the issuance
of the license.
Section 61-6-2860. A registered producer of alcoholic liquors must, at
the time of application for registration in this State, file with the
department an affirmation of corporate policy with regard to sales of all
brands owned, controlled, sold, offered for sale, franchised, or distributed
by the producer in this State. The affirmation must certify that the
producer shall not wilfully sell or offer for sale any alcoholic liquors of a
particular brand and proof in any other state at a price lower than the
price these liquors are sold or offered for sale to licensed South Carolina
wholesalers.
`Price', as used in this section, means platform price at the distillery
and does not include price differentials based on transportation costs,
containers, or other costs not directly related to the quality and proof of
the product concerned. Quantity discount prices for liquors sold to
monopoly states or elsewhere must not be considered to be violations of
the producer's affirmation if these discount prices are also offered to
South Carolina wholesalers for purchases in the same quantities.
A registered producer who fails to file this affirmation or wilfully
violates the pledges contained in the affirmation must have its registration
and privileges to import and sell alcoholic liquors in the State revoked,
canceled, or suspended at the discretion of the department for a period as
the department considers necessary and proper.
Section 61-6-2870. No person is qualified as a producer representative
unless he applies to the department for a biennial certificate of
registration and the certificate has been approved and issued. The
department must provide appropriate forms for application for a
certificate of registration as a producer representative.
Upon submission of an application for a certificate of registration, a
fee of fifty dollars must be paid to the department.
Section 61-6-2880. No person having a direct or indirect interest in a
wholesale or retail liquor business in this State may qualify as a producer
representative.
Section 61-6-2890. (A) A registered producer may store alcoholic
liquors only in a warehouse of the registered producer licensed by the
department. The department must require sufficient bond with respect to
a licensed warehouse to ensure proper handling of liquors stored in the
warehouse. Application for license to operate a warehouse must be filed
on forms prescribed by the department.
(B) When an application for a warehouse license is submitted, a fee of
four hundred dollars must be paid to the department. Where application
is made for a warehouse license on or after March first, the fee is one
hundred fifty dollars. A warehouse license is valid from the date of issue
until the second August thirty-first after the issuance of the license.
Section 61-6-2900. Alcoholic liquors must be shipped or moved from
a point outside this State to a point inside the State only by railroad
companies, steamship companies, express companies, or truck companies
authorized to do business in the State as common carriers by the
Department of Public Safety, by wholesalers licensed by the department
or by registered producers in their own trucks. Alcoholic liquors must be
shipped or moved only to the registered producer in care of the producer
representative who is registered to handle the property of the registered
producer originating the shipment. The shipment of alcoholic liquors
must be either stored in a licensed warehouse of the registered producer
or, after delivery to the producer representative is complete, may then be
shipped to a licensed wholesaler by common carriers described in this
section, by wholesalers licensed by the department or by registered
producers in their own trucks. Shipments of alcoholic liquors from a
licensed producer's warehouse to a licensed South Carolina wholesaler
may be made in a vehicle owned or operated by the wholesaler. If
alcoholic liquors are stored in the warehouse of a registered producer, or
after delivery to the producer representative is complete, they may be
shipped to a licensed wholesaler or to a point outside this State. Before
any shipment or transfer, the producer representative must apply to the
department, on forms prescribed by the department, for permission to
ship or transfer the alcoholic liquors, and the producer representative
must have received a certificate of approval of the shipment or
transfer.
Section 61-6-2910. Before shipment into this State, the registered
producer must mail to the department by first-class mail a correct and
complete invoice listing in detail the items in the shipment by quantity,
type, brand, size, price; the point of origin; and the point of destination.
Before or at the time of shipment, a copy of the bill of lading must be
forwarded to the department by first-class mail.
Immediately upon acceptance of delivery of the shipment by the
producer representative, the producer representative must furnish the
department with a copy of the invoice covering the shipment with
endorsement thereon showing the date, time, and place delivery was
accepted.
Section 61-6-2920. Before shipment to a wholesaler in this State or to
any point outside the State, the producer representative must mail to the
department a correct and complete copy of the invoice covering the
shipment, listing the name and address of the consignee and, in detail, the
items in the shipment by quantity, type, brand, size, and price. On all
shipments to a point outside this State, the producer representative must
at the time of shipment mail to the department a copy of the bill of
lading.
Section 61-6-2930. Alcoholic liquors shipped or moved into this State
in violation of any provision of this article are contraband and may be
seized and sold as provided by Section 61-6-4310.
Section 61-6-2940. The department, in its discretion, upon due
consideration of the information contained in applications for certificates
and licenses provided for in this article, must issue or reject the
certificate or license applied for.
Section 61-6-2950. Certificates of registration or licenses provided by
this article may be suspended or revoked by the department upon a
showing of a violation of law or of any regulation.
Section 61-6-2960. The applicant for a certificate or license required
by this article, as a condition precedent to the issue of the certificate or
license, must certify that the department and the division have the right
within statutory limitations to audit and examine the books, records,
papers, and memoranda of the applicant with respect to the
administration and enforcement of laws administered by the department
and the division.
Section 61-6-2965. Licenses issued under this article are subject to the
requirements and restrictions of Sections 61-6-110, 61-6-120, 61-6-180,
61-6-910, and 61-6-920.
Section 61-6-2970. All monies received by the department under the
provisions of this article must be deposited with the State Treasurer to
the credit of the general fund of the State.
Section 61-6-2980. A producer may redeem by mail
proof-of-purchase certificates for nonalcoholic promotional items.
Article 13
Offenses, Penalties, and Enforcement
Section 61-6-4000. This article, except Section 61-6-4720, is
complementary to and not in conflict with the laws providing for the
lawful sale of beer, wines, and other vinous, fermented, or malt
liquors.
Section 61-6-4010. Except in accordance with the provisions of this
title, it is unlawful for a person to:
(1) manufacture, store, keep, receive, have in possession, transport,
ship, buy, sell, barter, exchange, or deliver alcoholic liquors, except
liquors acquired in a lawful manner; or
(2) accept, receive, or have in possession alcoholic liquors for
unlawful use.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4020. A person who is twenty-one years of age or older
may transport lawfully acquired alcoholic liquors to and from a place
where alcoholic liquors may be lawfully possessed or consumed; but if
the cap or seal on the container has been opened or broken, it is unlawful
to transport the liquors in a motor vehicle, except in the luggage
compartment or cargo area. A person who violates this section is guilty
of a misdemeanor and, upon conviction, must be fined not more than one
hundred dollars or imprisoned for not more than thirty days.
Section 61-6-4025. It is unlawful for a person to keep, store, have in
possession, carry, ship, or transport in a vehicle, vessel, aircraft or other
chattel, any unlawfully acquired or manufactured alcoholic liquors.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4030. It is unlawful for a person to transport alcoholic
liquors in a motor vehicle used as a taxi or used in the transportation of
passengers for hire; however, this prohibition does not apply to lawful
alcoholic liquors belonging to a passenger being transported when the
alcoholic liquors are in the baggage of the passenger or upon his or her
person. If alcoholic liquors are found in the vehicle, the vehicle must be
seized and forfeited as provided for in Sections 61-6-4350 to 61-6-4460,
and the alcoholic liquors must be seized as contraband and sold as
provided in Section 61-6-4310.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4040. A person who acts as an advance or rear guard or
pilot to a person engaged in the transportation of alcoholic liquors in
violation of any law of this State is guilty of the offense of knowingly
transporting alcoholic liquors for unlawful purposes and, upon conviction,
must be punished for this misdemeanor as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
The buggy, wagon, automobile, aircraft, railroad car, bicycle,
motorcycle, or other vehicle or boat, launch, or other vessel used by the
person in rendering the aid may be confiscated in the same method and
manner as provided by this article for the confiscation of a vehicle
actually used in the carrying of these alcoholic liquors.
Section 61-6-4050. It is unlawful for a person to purchase or
otherwise procure alcoholic liquors other than those purchased from
licensed retail dealers in the State. A person who violates this section is
guilty of a misdemeanor and, upon conviction, must be punished as
follows:
(a) for a first offense, by a fine of one hundred dollars or
imprisonment for thirty days;
(b) for a second offense, by a fine of two hundred dollars or
imprisonment for sixty days; and
(c) for a third or subsequent offense, by a fine of three hundred
dollars or imprisonment for ninety days.
Section 61-6-4060. It is unlawful for a person to store or have in
possession alcoholic liquors in his place of business other than a licensed
liquor store. A place of business includes:
(1) A place where goods, wares, or merchandise are sold, offered
for sale, or distributed, and also places of amusement;
(2) Residences and transportation vehicles when sale of merchandise
is made therefrom; and
(3) Outbuildings, warehouses, and garages when adjacent to or used
in connection with a place of business where goods, wares, or
merchandise are sold, offered for sale, or distributed.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of two hundred dollars or
imprisonment for sixty days;
(b) for a second offense, by a fine of one thousand dollars or
imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of two thousand
dollars or imprisonment for two years.
Section 61-6-4070. It is unlawful for a person to transfer or give to a
person under the age of twenty-one years for the purpose of consumption
alcoholic liquors at any place in the State. A person who violates this
section is guilty of a misdemeanor and, upon conviction, must be fined
not more than two hundred dollars or imprisoned not more than thirty
days. A person found guilty of a violation of Section 61-4-90 and this
section may not be sentenced under both sections for the same
offense.
The provisions of this section do not apply to a spouse over the age of
twenty-one giving alcoholic liquors to his spouse under the age of
twenty-one in their home; to a parent or guardian over the age of
twenty-one giving alcoholic liquors to his children or wards under the
age of twenty-one in their home; or to a person giving alcoholic liquors
to another person under the age of twenty-one in conjunction with a
religious ceremony or purpose if the alcoholic liquors were lawfully
purchased.
Section 61-6-4080. (A) A person engaged in the sale of alcoholic
liquors who knowingly sells the liquors to a person under the age of
twenty-one is guilty of a misdemeanor and must, upon conviction, be
fined not less than one hundred dollars nor more than two hundred
dollars or imprisoned not less than thirty days nor more than sixty days,
or both, in the discretion of the court.
(B) Failure of a person to require identification to verify a person's
age is prima facie evidence of the violation of this section.
Section 61-6-4090. If a permittee or licensee, or servant, agent, or
employee of the permittee or licensee pleads guilty or nolo contendere to,
or is convicted of a criminal offense which occurred on the licensed
premises, the conviction or plea constitutes proof that the offense
occurred and the record thereof is admissible in a contested case hearing
before the administrative law judge division.
Section 61-6-4100. It is unlawful for a person in this State to
manufacture, sell, give, or have in his possession a distillery, commonly
called a still, or any integral part of a distillery, or an apparatus,
appliance, device, or substitute therefor to be used for the purpose of
manufacturing alcoholic liquors, in violation of the laws of this State.
The unexplained possession of any part of a still, apparatus or
appliance, or any device or substitute therefor, commonly or generally
used for or that is suitable to be used in the manufacture of prohibited
alcoholic liquors is prima facie evidence of the violation of this
section.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4110. It is unlawful for a person to knowingly permit or
allow another person to have or possess or locate on his premises an
apparatus for the distilling or manufacture of alcoholic liquors in
violation of the laws of this State.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4120. It is unlawful to make, manufacture, transport,
possess, or knowingly permit upon one's premises mash, wort, wash,
buck, or other similar material or compound suitable for or commonly
used in the manufacture of alcoholic liquors with the intent that the
material or compound be used in the manufacture of alcoholic liquors in
violation of the laws of this State; the making, manufacture,
transportation, possession, or knowingly permitting upon one's premises
such material or compound is considered to be a part of the process of
the manufacture of alcoholic liquors; and a person found in possession of
the material or compound or found at a place where the material or
compound is stored, kept, made, manufactured, or found is prima facie
guilty of a violation of this section.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4130. A person found at a distillery or other place where
alcoholic liquors are being manufactured in violation of the laws of this
State is considered prima facie guilty of manufacturing alcoholic liquors
or aiding and abetting in their manufacture and, upon conviction, must be
punished as if the person personally manufactured the alcoholic
liquors.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4140. It is unlawful for a person under the age of
twenty-one years to work as an employee or otherwise in a retail,
wholesale, or manufacturing liquor business or business establishment or
for a person knowingly to employ another person under the age of
twenty-one years in one of these businesses or business establishments.
A person who violates this section is guilty of a misdemeanor and, upon
conviction, must be punished as follows:
(a) for a first offense, by a fine of one hundred dollars or
imprisonment for thirty days;
(b) for a second offense, by a fine of two hundred dollars or
imprisonment for sixty days; and
(c) for a third or subsequent offense, by a fine of three hundred
dollars or imprisonment for ninety days.
Section 61-6-4150. Except as authorized by law, it is unlawful for a
person to sell alcoholic liquors from any vehicle, vessel, or aircraft.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not less than six hundred dollars
or imprisonment for six months;
(b) for a second offense, by a fine of one thousand five hundred
dollars or imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-6-4160. It is unlawful to sell alcoholic liquors on Sunday
except as authorized by law, on statewide election days, or during periods
proclaimed by the Governor in the interest of law and order or public
morals and decorum. Full authority to proclaim these periods is
conferred upon the Governor in addition to all his other powers. A
person who violates this section is guilty of a misdemeanor and, upon
conviction, must be punished as follows:
(a) for a first offense, by a fine of two hundred dollars or
imprisonment for sixty days;
(b) for a second offense, by a fine of one thousand dollars or
imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of two thousand
dollars or imprisonment for two years.
Section 61-6-4170. It is unlawful for a person to advertise alcoholic
liquors by means of billboards along public highways and streets. These
advertisements must be immediately destroyed by peace officers upon
discovery. A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine of two hundred dollars or
imprisonment for sixty days;
(b) for a second offense, by a fine of one thousand dollars or
imprisonment for one year; and
(c) for a third or subsequent offense, by a fine of two thousand
dollars or imprisonment for two years.
Section 61-6-4180. If a person unlawfully manufactures, transports, or
sells alcoholic liquors or aids or assists in any manner in one or more of
these acts and at the time of the unlawful manufacturing, transporting,
selling, aiding, or assisting has on or about his person or has on or in a
vehicle which he uses to aid him in any such purpose or in his actual or
constructive possession a firearm or weapon of like kind, he is guilty of a
misdemeanor and, upon conviction, must be imprisoned not less than one
year nor more than three years, or be fined not less than five hundred
dollars nor more than fifteen hundred dollars.
Section 61-6-4190. A person who, upon demand of an officer or
agent of the division:
(1) refuses to allow full inspection of the premises or any part of the
premises which is licensed to sell alcoholic liquors; or
(2) refuses to allow full inspection of the stocks and invoices of the
licensee; or
(3) prevents or in any way hinders an inspection, is guilty of a
misdemeanor and, upon conviction, must be fined not more than two
hundred dollars or imprisoned for not more than sixty days, or both.
A person found guilty of a violation of Section 61-4-230 and this
section may not be sentenced under both sections for the same
offense.
Section 61-6-4200. A person who dispossesses, rescues, or attempts to
dispossess or rescue from a constable or other officer alcoholic liquors
taken or detained by the officer charged with the enforcement of the
ABC Act must, upon conviction, be imprisoned for not less than three
months nor more than one year or fined not less than five hundred
dollars nor more than fifteen hundred dollars, or both.
Section 61-6-4210. A person who violates any provision of the ABC
Act, except where a different punishment is expressly provided, must,
upon conviction, be punished by a fine or imprisonment in the discretion
of the court of general sessions.
Section 61-6-4220. A conviction, plea of guilty, plea of nolo
contendere, or forfeiture of bond for a violation on or after March 28,
1956, of any state or federal law relating to alcoholic liquors constitutes a
prior offense for the purpose of a prosecution, or for the purpose of
imposition of sentence for a subsequent violation of this article, except
Section 61-6-4720.
Section 61-6-4230. The trial judge in his discretion may impose
sentences under the provisions of this article, except Section 61-6-4720,
or any portion of this article, of a fine or imprisonment of not less than
one- half the fine or imprisonment prescribed for conviction under these
provisions.
Section 61-6-4240. Clerks of court, magistrates, city recorders, and
other public officers in this State having charge or responsibility with
respect to the keeping of records of convictions, the entry of pleas of
guilty or nolo contendere, or the forfeitures of bond posted for violations
of this article, except Section 61-6-4720, must report to the department
each conviction, plea of guilty, nolo contendere, or bond forfeiture within
ten days after the conviction, entry of a plea of guilty or nolo contendere,
or forfeiture of bond, or after the receipt of this report, as the case may
be. These reports must be made upon forms provided by the department,
arranged in duplicate; and it is the duty of the department to
acknowledge the filing of each report by signing the duplicate of the
report and returning it to the officer making the report. The officer
making the report must keep it as evidence of his compliance with the
requirements that he made the report.
A person who violates this section is subject to a penalty of
twenty-five dollars for each offense, to be collected by the Attorney
General of this State, or the solicitors of the State under the direction of
the Attorney General, and paid into the general fund of the State.
The reports or certified copies of these reports must be received as
evidence under the provisions of this article, except Section
61-6-4720.
Section 61-6-4250. The clerk of court of each county in the State
must, at the conclusion of each term of the court of general sessions in
the county, forward to the department a certificate on forms prescribed
and furnished by the department showing the name of each person who is
convicted, pleads guilty, enters a plea of nolo contendere, or forfeits bond
for the violation of any provision of this article except Section
61-6-4720. The department must maintain a file of these violations. A
copy of the department's records pertaining to the convictions, certified
as correct by the director or his designee, is admissible in all courts as
prima facie evidence of the facts recited in the records. The department
must, upon receipt of a record of conviction, plea of guilty, plea of nolo
contendere, or forfeiture of bond for the violation of the provisions of
this article prohibiting the transportation of alcoholic liquors, forward to
the Department of Public Safety a certified copy of the record.
Section 61-6-4260. A conviction, a plea of guilty, a forfeiture of
bond, or a plea of nolo contendere, under the provisions of this article
except Section 61-6-4720, automatically revokes a beer, wine, or liquor
license which this State has issued to the party convicted, pleading guilty,
forfeiting bond, or pleading nolo contendere; however, as an alternative
to the revocation of a beer, wine, or liquor license, the department may
in its discretion impose a monetary penalty in lieu of the revocation.
For a first offense, the license must either be revoked for one year, or
the licensee must pay a penalty of two hundred fifty dollars to the
department. For a subsequent offense, the offender's license or licenses
must be revoked for a period of two years, or the licensee must pay a
penalty of five hundred dollars to the department. If the department
exercises its right to impose the monetary penalty provided in this section
in lieu of a revocation of a license and if the penalty is not paid within
ten days of demand by the department, the license or licenses must be
automatically revoked.
A person convicted, pleading guilty, forfeiting bond, or pleading nolo
contendere who does not possess a license to sell beer, wine, or liquors,
for a first offense, is not eligible for the issuance of a license for a period
of one year. For a subsequent offense, he is not eligible for the issuance
of a license for a period of two years.
Penalties provided for in this section are in addition to any fines and
penalties imposed upon the licensees by any court of competent
jurisdiction for violation of the laws of this State.
Penalties provided for in this section must be paid to the State
Treasurer for credit to the general fund of the State for public school
use.
Section 61-6-4270. For violations of Articles 3, 5, 7, and 13 of this
chapter, or of Chapter 21 or 33 of Title 12, and for a violation of any
regulation pertaining to alcoholic liquors, the department may, in its
discretion, impose a monetary penalty upon the holder of a liquor license
in lieu of suspension or revocation.
In these cases, the amount of any penalty imposed must be determined
within the limits prescribed in this section in each case by the department
after a hearing as provided in the South Carolina Revenue Procedures
Act and the Administrative Procedures Act. For these violations:
(1) retail liquor licensees are subject to a penalty of not less than
one hundred dollars nor more than one thousand five hundred dollars;
and
(2) wholesale liquor licensees are subject to a penalty of not less
than five hundred dollars nor more than five thousand dollars.
The department in its discretion may suspend payment of a fine or a
monetary penalty imposed under this section.
If the department imposes a monetary penalty under this section which
is not paid or a contested case hearing requested within thirty days after
demand by the department, the license or licenses may be suspended or
revoked by the department.
Penalties provided for in this section are in addition to any fines and
penalties imposed upon the licensees by any court of competent
jurisdiction for violation of the laws of this State.
Penalties provided for in this section must be paid to the State
Treasurer for credit to the general fund of the State for public school
use.
Section 61-6-4280. Licenses and permits are the property of the
department, are not transferable, and, upon the termination of a business
or upon a change of ownership, possession, or control, or upon a
substantial change in the character of the property or facilities or nature
of business for which a license or permit has been issued, must be
surrendered immediately to the department.
When a person or business has multiple licenses or permits for
locations within three hundred feet of each other, administrative penalties
may be applied to all the licenses and permits.
Section 61-6-4290. The Department of Public Safety, upon notice that
a person has been convicted, pleaded guilty, forfeited bond, or entered a
plea of nolo contendere for the violation of any provision of this article
prohibiting the transportation of alcoholic liquors, must suspend the
driver's license of the person for a period of six months for a first
offense, for a period of one year for a second offense, and for a period of
two years for a third and subsequent offense. During the period of the
suspension under this section, no vehicle may be registered in the
person's name under the laws of this State.
Section 61-6-4300. If alcoholic liquors are sold from a vehicle, vessel,
aircraft, or other chattel in violation of law, or if alcoholic liquors are
possessed, carried, shipped, stored in, kept in, or transported in a vehicle,
vessel, or aircraft in violation of law, the alcoholic liquors must be seized
and sold as contraband as provided in Section 61-6-4310, and the vehicle,
vessel, aircraft, or other chattel must be seized by a peace officer and
delivered to the sheriff of the county where the seizure is made, who
must proceed to forfeit and sell the chattel as provided in Sections
61-6-4350 to 61-6-4460.
Section 61-6-4310. Alcoholic liquors seized by the department, its
agents, or by the division must be sold by the department at public
auction to the highest bidder after advertisement. The proceeds of the
sale must be turned over to the State Treasurer after first paying the cost
of confiscation and sale. Alcoholic liquors seized by a peace officer,
except the department, its authorized agents, or by the division, must be
delivered to the sheriff of the county in which the seizure is made. The
sheriff must take possession of the alcoholic liquors so seized and sell
them at public auction to the highest bidder after advertisement. The
proceeds of the sale, after payment of the costs of confiscation and sale,
must be immediately turned over to the treasurer of the county in which
the seizure was made. However, if a municipal officer makes a seizure,
the chief of police must take possession of the alcoholic liquors so seized
and sell them at public auction to the highest bidder after advertisement.
The proceeds of the sale, after payment of costs of confiscation and sale,
must be turned over to the treasurer of the municipality in which the
seizure was made. No sale of alcoholic liquors seized and sold in
accordance with the provisions of this section may be made to a person
other than a licensed manufacturer, wholesaler, or retail dealer.
Section 61-6-4320. Only those alcoholic liquors which have been
manufactured by a licensed manufacturer or producer, as defined in the
ABC Act, or alcoholic liquors of unquestioned purity and content may be
sold at public auction as provided in this article. Other liquors which are
confiscated must be destroyed by the proper officers.
Section 61-6-4330. No alcoholic liquors sold under the provisions of
this article may be delivered within five days after the sale, during which
time the department in its discretion may reject any bid and order the
liquors resold until a satisfactory bid is made. However, if confiscated
liquors are offered for sale after advertisement, as provided in this article,
on two different dates and no bids are made, the liquors must be
destroyed by the proper officers.
Section 61-6-4340. A vehicle, vessel, aircraft, or other chattel found
at a site where alcoholic liquors are being or have been recently
manufactured in violation of the law, and which vehicle, vessel, aircraft,
or other chattel contains sugar, meal, yeast, or other materials used in the
manufacture of alcoholic liquors, or containers used to haul alcoholic
liquors, must be confiscated and sold as provided by this article.
Section 61-6-4350. The respective sheriffs of this State must safely
store and keep chattels delivered to them pursuant to this article in the
jail yard, county shops, or on other county property, if this may be safely
done, but must not incur unnecessary expenses in connection with the
storage of a chattel seized and delivered to them.
Section 61-6-4360. (A) If a chattel seized under this article is a
vehicle registered with the Department of Public Safety, the sheriff must
obtain from the Department of Public Safety the name and address of the
person in whose name the car is registered and must notify the person by
registered mail of the seizure. If the chattel is a vehicle registered in
another state, the sheriff must request from the Department of Public
Safety the name and address of the registered owner of the vehicle and
must notify the owner in like manner.
(B) Immediately upon notification from the sheriff as required by
subsection (A) or upon notice from the department that the name of the
registered owner of the seized vehicle cannot be ascertained, the sheriff
must give notice of the seizure made under this article by advertisement
at least once a week for a period of three weeks in a paper of general
circulation in the county. The advertisement must allege the seizure,
describe the chattel, set forth in general terms the grounds of forfeiture of
the seized property, and the date upon which the sale is to be made,
which date must be not less than sixty days after seizure of the
chattel.
Section 61-6-4370. If, before the date set for sale of a chattel seized
under this article, no person claiming an interest in the chattel, as owner,
lienholder, or otherwise appears and gives notice to the sheriff as
required in Section 61-6-4390, the chattel must be sold at public auction
to the highest bidder.
Section 61-6-4380. If a chattel has been seized by municipal officers,
the proceeds of a sale under Section 61-6-4370, less the necessary
expenses of advertising and storage, must be paid to the municipality for
its use. Otherwise, the proceeds must be paid to the county treasurer of
the county where the chattel was seized.
Section 61-6-4390. Before sale of a chattel under Section 61-6-4370,
the owner, any person indebted or liable for the purchase price of the
chattel, and any lienholder may bring an action to recover possession of
the chattel or to recover the value of his interest in the property from the
proceeds of the sale; in a proceeding under this section, the sheriff must
be made a party defendant. The solicitor of the circuit in which the
seizure occurred must defend all these suits.
Section 61-6-4400. Upon service upon the sheriff of a proceeding
under Section 61-6-4390, he must stay the sale, retain the chattel, and
await the order of the court. The sheriff must have the chattel appraised
as appraisals are provided for in attachment cases under Section
15-19-270, must transmit the appraisal to the court, and must keep a
copy of the appraisal in his office.
Section 61-6-4410. If the owner or other person claiming an interest
in a chattel seized under this article desires to obtain immediate
possession of the chattel, the court may order delivery to the claimant
upon execution by him of a bond payable to the sheriff having possession
of the seized property, in an amount equal to the appraised value of the
chattel, with security to be approved by the clerk of court. The bond
must be conditioned on returning the chattel at the time of the hearing of
the proceeding or at a time as the court may order. In addition, the court
may order the claimant to pay the difference between the appraised value
of the chattel as of the time it has been so released on bond and the
appraised value as of the time of its return; and conditioned further that
if the chattel is not returned as ordered, the bond stands in lieu of and is
forfeited in the same manner as the chattel. Notwithstanding the
provisions of this section, the court may, in its discretion, refuse to order
delivery of possession.
Section 61-6-4420. In a proceeding brought to recover possession of a
chattel seized under this article or to recover the value of an interest
therein, no claim shall be allowed unless the claimant proves: (a) that he
has an interest in the chattel, as owner or otherwise, which he acquired in
good faith; (b) that he had at no time knowledge or reason to believe that
the chattel was being or would be used in violation of the laws of this
State relating to liquor; and (c) if it appears that the interest asserted by
the claimant was acquired after March 28, 1956, and arises out of or is
subject to any contract or agreement under which a person having a
record or reputation for violating state or federal laws relating to liquor,
has a right with respect to the chattel, that, before the claimant acquired
his interest, or other person acquired his right under the contract or
agreement, whichever occurred later, the claimant, his officer, or agent
was informed, in answer to his inquiry, at the headquarters of the sheriff
and police chief of the locality in which the other person acquired his
right under the contract or agreement and of the locality in which the
other person then resided, that the other person had no such record or
reputation.
Section 61-6-4430. If the claimant is the owner of the chattel and he
prevails in a proceeding under Section 61-6-4390, the court must release
the chattel from forfeiture and restore it to the owner.
Section 61-6-4440. If the claimant in a proceeding under Section
61-6-4390 is a lienholder whose claim is allowed and whose interest is
first in order of priority among the claims and is of an amount equal to
or in excess of the appraised value of the chattel, the court must release
the chattel from forfeiture and order its return to him. If the claim is less
than the appraised value of the chattel, the claimant may have the chattel
delivered to him upon payment of the difference. If the claims of two or
more lienholders whose interests are not subject to any prior or
intervening interests claimed and allowed in the proceedings are allowed
and are of a total amount equal to or in excess of the appraised value of
the chattel, the court must, at the request of these claimants, order return
of the chattel to the joint requesting claimants as are designated in the
request. If the total amount of the claim is less than the appraised value
of the chattel, the claimants may, upon payment of the difference, have
the chattel delivered to those who are designated in the request.
Section 61-6-4450. If delivery is not demanded by the claimant or
claimants in a proceeding under Section 61-6-4390, the court must order
the sale of the chattel by the sheriff. Out of the proceeds of the sale the
following must be paid in the following order of priority:
(1) the claim or claims allowed in order of their priority as
determined by the court;
(2) the costs; and
(3) the residue must be paid to the municipality or to the county
treasurer as set forth in Section 61-6-4380.
If no claim is proven and established as provided in this section, the
court must order the sale of the chattel by the sheriff and the proceeds
from the sale, after payment of costs, paid as set forth in this section.
Section 61-6-4460. A person who purchases any chattel at a sale
made by the sheriff under the provisions of this article acquires full and
complete title to the chattel free and clear of prior claims, liens, or
encumbrances.
Section 61-6-4470. For the purpose of confiscating alcoholic liquors
under the ABC Act, the provisions of Sections 12-21-2900 to 12-21-2950
must be followed as nearly as practicable.
Section 61-6-4480. The sheriff of each county must, upon seizure of
or delivery to him of a chattel seized under the provisions of this article,
report the seizure of the chattel to the department setting forth in the
report a description of the chattel, the name of the owner if known, the
grounds upon which the chattel was seized, by whom the chattel was
seized, and the appraised value of the chattel if an appraisal has been
made. The sheriff must, after the chattel has been sold or disposed of in
accordance with the provisions of this article, make a report to the
department setting forth the amount of the sale, the purchaser, the
disposition of the proceeds, or whatever disposition has been made of the
chattel by the sheriff pursuant to an order of the court.
The department must establish a system for the filing and recording of
these reports.
Section 61-6-4490. Ordinances of political subdivisions of this State
prohibiting the acts prohibited by the provisions of this article, except
Section 61-6-4720, are hereby suspended, it being declared that the State
has occupied the field of the subjects covered thereby. Judicial and law
enforcement officers of political subdivisions of this State must enforce
these provisions within their respective jurisdictions.
Section 61-6-4500. Municipal courts must try and determine all cases
involving a violation of this article, except Section 61-6-4720, occurring
within the limits of the municipality in cases where the penalties
prescribed do not exceed a fine of one hundred dollars or imprisonment
for thirty days. These courts have jurisdiction over these criminal cases
the same as that had by magistrates, with the right and duty of sending
these cases occurring within the municipal limits but beyond their
jurisdiction to try to higher courts. A person convicted hereunder in
municipal court must be treated as a municipal prisoner.
Section 61-6-4510. Municipal police officers have the power of
constables to enforce the provisions of this article, except Section
61-6-4720, in cases arising within the municipal limits; and in addition,
have all powers to enforce these provisions as they have to enforce
municipal ordinances. When in fresh and continuous pursuit of a suspect
for violations of these provisions occurring within the municipal limits,
police officers may follow and arrest the suspect anywhere in the
State.
Section 61-6-4520. It is unlawful for a person to sell or otherwise
introduce into commerce alcoholic liquors lawful under the provisions of
this title, unless labeled in accordance with the provisions of the Federal
Alcoholic Administration Act and rules and regulations promulgated
thereunder. A violation of the provisions of this section subjects the
alcoholic liquors found in the possession of a person violating this
section to seizure, confiscation, and sale, as provided in Section
61-6-4310.
Section 61-6-4530. A note or other evidence of indebtedness
contracted in the sale or transportation of unlawful liquors is null and
void. Nor may an action or suit for the recovery of the indebtedness be
entertained in any court in this State.
Section 61-6-4540. Upon affidavit, which may be on information and
belief, to the effect that contraband liquors are being unlawfully
concealed, kept, or stored in any place, a search warrant may be issued
by a magistrate of the county empowering an officer or person who may
be deputized to enter the place and to search the premises for the purpose
of seizing the contraband liquors concealed, kept, or stored. The liquors,
when seized, must be disposed of as provided for the disposition of
unlawful liquors.
Section 61-6-4550. No person who holds a biennial license to sell
alcoholic liquors for on-premises consumption may advertise, sell, or
dispense these beverages for free, at a price less than one-half of the
price regularly charged, or on a two or more for the price of one basis.
Alcoholic liquors may be sold at a price less than the price regularly
charged from four o'clock p.m. until eight o'clock p.m. only. The
prohibition against dispensing the beverages for free does not apply to
dispensing to a customer on an individual basis, to a fraternal
organization in the course of its fund-raising activities, to a person
attending a private function on premises for which a biennial license has
been issued, or to a customer attending a function sponsored by the
person who holds a biennial license. However, no more than two
functions may be sponsored each year, and must be authorized by the
department. A person who violates this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than one
hundred dollars or imprisoned not less than three months, in the
discretion of the court.
Subarticle 1
Authorized and Unauthorized Possession
and Consumption of Alcoholic Liquors
Section 61-6-4700. It is unlawful for a person to drink alcoholic
liquors on the premises of a retail, wholesale, or manufacturing alcoholic
liquor business or business establishment. A person who violates this
section is guilty of a misdemeanor and, upon conviction, must be
punished as follows:
(a) for a first offense, by a fine of one hundred dollars or
imprisonment for thirty days;
(b) for a second offense, by a fine of two hundred dollars or
imprisonment for sixty days; and
(c) for a third or subsequent offense, by a fine of three hundred
dollars or imprisonment for ninety days.
Section 61-6-4710. (A) A person who is twenty-one years of age or
older may possess or consume lawfully acquired alcoholic liquors:
(1) in a private residence, hotel room, or motel room;
(2) or on other property not engaged in business or commercial
activity, at private gatherings, receptions, or occasions of a single and
isolated nature and not on a repetitive or continuous basis, with the
express permission of the owner and any other person in possession of
the property, and to which the general public is not invited. However,
this must not be construed to authorize the possession or consumption of
alcoholic liquors on premises open to the general public for which a
license has been obtained pursuant to Sections 61-6-1600 or
61-6-1610.
(3) 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.
(B) It is unlawful for a person to possess or consume alcoholic liquors
upon any premises where the person has been forbidden to possess or
consume alcoholic liquors by the owner, operator, or person in charge of
the premises.
A person who violates this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred dollars or
imprisoned for not more than thirty days.
Section 61-6-4720. A person who drinks alcoholic liquors in a public
conveyance in this State is considered guilty of a misdemeanor and, upon
conviction, must be fined not more than one hundred dollars or be
imprisoned not more than thirty days. This section does not apply to a
railroad dining or club car or to an aircraft of a commercial airline
transporting passengers for hire.
CHAPTER 8
Nuisances
Section 61-8-10. The unlawful sale, barter, exchange, storage or
keeping in possession in this State of spirituous, malt, vinous, fermented,
brewed (whether lager or rice beer) or other liquors or beverages or a
compound or mixture thereof which contains alcohol and is used as a
beverage is hereby declared a common nuisance.
Section 61-8-20. Any person may appear before a magistrate in the
county and swear out an arrest warrant on personal knowledge or on
information and belief charging a nuisance, giving the names of witnesses
against the keeper or manager of the place and his aides and assistants, if
any. The magistrate must direct the arrest warrant either to the sheriff of
the county or to a special constable commanding the defendant to be
arrested and brought before him to be dealt with according to law and
may issue a search warrant in which the premises in question must be
particularly described, commanding the sheriff or constable to search
thoroughly the premises in question and to seize all alcoholic liquors
found thereon, to seize all vessels, bar fixtures, screens, bottles, glasses,
and appurtenances apparently used or suitable for use in retailing liquors,
and to make a complete inventory thereof and deposit it with the sheriff.
Liquors so seized must, if no action to recover them is begun within
thirty days after the seizure or if an action is begun and the judgment of
the court is adverse to the plaintiff, be destroyed publicly by the sheriff
of the county.
Section 61-8-30. Under the arrest warrant, the defendant must be
arrested and brought before a magistrate and the case must be disposed
of as other crimes, except that when the magistrate commits or binds
over the parties for trial to the next term of court of general sessions for
the county, he must make out each paper in the case in duplicate and file
one with the clerk of the court for the county and immediately transmit
the other to the solicitor of the circuit.
Section 61-8-40. Upon receipt of any such paper, the solicitor
immediately must apply to a circuit judge at chambers in that circuit, or
to the nearest circuit judge if there is none in that circuit, for an order or
injunction restraining the defendants, their servants, or agents from
keeping, receiving, bartering, selling, or giving away alcoholic liquors
until the further order of the court or perpetually after hearing after
notice to the defendant. The circuit judge must grant the restraining
order or injunction without requiring a bond or undertaking upon the
hearing or receipt by him of the magistrate court papers from the
solicitor. A violation of the restraining order or injunction is considered
a contempt of court and punishable as contempt by the court or another
circuit judge, as for the violation of an order or injunction.
Section 61-8-50. A person who violates the terms of a restraining
order granted in such proceedings must be punished for contempt by a
fine of not less than two hundred dollars nor more than one thousand
dollars and by imprisonment not less than ninety days nor more than one
year. In contempt proceedings arising out of the violation of an
injunction granted under the provisions of this chapter, the court or, in
vacation, any judge thereof has power to try summarily and punish the
party guilty as required by law. The affidavits upon which the
attachment for contempt issues are prima facie evidence for the State. At
the hearing upon the charge for contempt, evidence may be oral or in the
form of affidavits, or both. The defendant shall not necessarily be
discharged upon his denial of the fact stated in the moving papers. The
clerk of court must, upon the application of either party, issue subpoenas
for witnesses and, except as provided in this section, the practice in these
contempt proceedings must conform as nearly as possible to the practice
in the court of common pleas.
Section 61-8-60. Liquors seized as provided in this chapter and the
vessels containing the liquors must not be taken from the custody of the
officers in possession thereof by a writ of replevin or other process,
except as provided in Section 61-8-20. No suit shall lie for damages
alleged to arise by seizure and detention of liquors under this chapter.
Section 61-8-70. When a solicitor neglects or refuses to perform a
duty or to take any steps required of him by a provision of this chapter,
the Attorney General, on his own motion or by request of the Governor,
must, in person or by an assistant, proceed to the locality and perform the
neglected duty and take steps as are necessary in the place of the
solicitor. The Attorney General may, in his discretion, cause a
prosecution to be instituted not only in the matter neglected but also
against the solicitor for malfeasance or misfeasance in office, for official
misconduct, or for other charges justified by facts, and may pursue the
prosecution to the extent of a conviction and dismissal from office of the
solicitor. In this event, the Attorney General may appoint one or more
additional assistants who must each receive while actually employed the
same compensation, to be paid from the litigation fund of the Attorney
General. Any duty imposed in this chapter upon a solicitor may be
performed by the Attorney General or other person authorized by him to
perform the duty.
CHAPTER 10
Alcohol
Article 1
Sale by Wholesale Druggists; Monthly Statement
Section 61-10-10. A wholesale druggist may lawfully sell, in
wholesale quantities only, pure alcohol for medical purposes only or
grain alcohol to be used by chemists or bacteriologists actually engaged
in scientific work to retail druggists and to public or charitable hospitals
or to medical or pharmaceutical colleges. A wholesale druggist must at
the end of each month in which one of these sales has been made file
with the clerk of the court of the county in which he does business a
statement in writing under oath giving the name of the purchaser, the
price paid, the date of sale, and the quantity and character of the alcohol
sold. If the wholesale druggist making the sale is not a resident of this
State, the statement must be filed in the office of the clerk of the court of
the county in which the purchaser resides.
Section 61-10-20. A retail druggist whose place of business is located
in a municipality of this State and who is a registered or licensed
pharmacist or who regularly employs a registered or licensed pharmacist
may sell, in the manner set out in this article and upon filing a bond in
the sum of five thousand dollars to be approved by the clerk of the court
of the county in which the druggist does business, conditioned for a
faithful observance of the provisions of this article, pure alcohol for
medical purposes only and grain alcohol to chemists and bacteriologists
actually engaged in scientific work and for these purposes only. Nothing
contained in this article prohibits the druggist from using alcohol in the
compounding of prescriptions or other medicines, the sale of which
would not subject him to the payment of a special tax required of liquor
dealers by the federal government nor prohibits the druggist from
compounding or selling medicinal preparations manufactured in
accordance with formulas prescribed by the United States Pharmacopoeia
and National Formulary which contain no more alcohol than is necessary
to extract the medicinal properties of the drugs contained in these
preparations and no more alcohol than is necessary to hold the medicinal
agents in solution and which are manufactured and sold as medicines and
not as beverages.
Section 61-10-30. No sale of pure alcohol for medicinal purposes may
be made by a retail druggist except upon the prescription of a regular
practicing physician of this State who, before writing the prescription,
makes an actual examination of the person for whom the prescription is
issued.
Section 61-10-40. No prescription may be filled except on the day it
is issued or the following day. No more than one-half pint of alcohol
may be sold and delivered on one prescription. When a prescription is
filled, it may not be refilled. No druggist who is also a practicing
physician may fill his own prescription for pure alcohol nor shall the
prescription be filled at a drugstore in which the physician is financially
interested. The delivery of the alcohol sold by prescription must be
made directly to the person for whom the prescription is issued, to the
physician, or to a person authorized by the physician; or in case of a
minor, to his parent, guardian, physician, or a person authorized by the
physician.
Section 61-10-50. A prescription issued pursuant to this article must
be substantially in the following form: `State of South Carolina -----
County. To ----- druggist. I, -----, a regular licensed and practicing
physician under the laws of this State, do hereby certify that I have
examined -----, a patient in my charge, and I do hereby prescribe for the
use of the patient ----- alcohol. I further certify that the use of this
alcohol is, in my judgment, absolutely necessary to alleviate or cure the
illness or disease from which the patient is now suffering and that I am
not interested in the drugstore to which this prescription is directed nor in
the profits on the drugs herein prescribed.
Dated ----------. ---------------- M. D.'
Section 61-10-60. A retail druggist whose place of business is located
in a municipality of the State may sell alcohol in quantities not greater
than five gallons to be used in the arts or for scientific or mechanical
purposes and the druggist may sell, in like quantities, to chemists and
bacteriologists engaged in scientific work and for these purposes
only.
Section 61-10-70. A person desiring to purchase alcohol for any
purpose set forth in Section 61-10-60 must sign a written printed
statement giving his name, residence, occupation, the purpose for which
he intends to use the alcohol, and a certification that the alcohol is
purchased in good faith for this purpose only.
Section 61-10-80. The druggist must retain prescriptions for alcohol
and the statements required by Section 61-10-70 for inspection as
required by law for the retention of the prescription of narcotics and
other drugs.
Section 61-10-90. A druggist or physician who violates the provisions
of this article must, in addition to the punishment provided in this article,
have his license revoked for not more than one year for each offense.
Article 3
Other Regulations
Section 61-10-210. A person may manufacture ethyl and methyl
alcohol from sawdust, slabs or any other wood substance, or from
molasses.
Section 61-10-220. A person who engages in the manufacture of
alcohol under the provisions of this article must enter into a bond to the
State in the sum of ten thousand dollars, with surety, to be approved by
the Governor, conditioned for the faithful observance of and compliance
with the provisions of this article. When any provision of this article is
violated, the Attorney General and the circuit solicitors, may sue in any
county in this State for the penalty of the bond for the benefit of the
State.
Section 61-10-230. (A) A person engaged in the manufacture of ethyl
alcohol as provided in Section 61-10-210:
(1) may not sell it in this State unless it is denatured;
(2) may ship ethyl alcohol undenatured to points outside this State
for use in manufacturing and in the sciences and arts, but only in the
manner provided in this subsection. This alcohol may be carried from a
warehouse authorized under the provisions of this article and delivered to
a common carrier and immediately shipped to its destination outside this
State. This alcohol may also be transported to another bonded warehouse
outside this State when the shipment is made under bond, as required by
federal revenue laws.
(B) It is prima facie evidence of the violation of the provisions of this
article if ethyl alcohol so manufactured and not denatured is found in this
State and not in the custody of a United States revenue officer or not in
course of shipment to another state. However, a reasonable time must be
allowed for conveying the alcohol directly from a warehouse to a
common interstate carrier.
Section 61-10-240. No alcohol manufactured under the provisions of
this article may be used as a beverage or for medicinal purposes.
Section 61-10-250. A person who manufactures alcohol under the
provisions of this article must, while the alcohol remains in this State,
store and keep it in a general United States bonded warehouse or in
another warehouse and file with the Secretary of State a declaration
setting forth the exact location, description, and dimension of each
warehouse used and to be used for this purpose. It is unlawful to store
or keep alcohol manufactured under the provisions of this article in a
place other than that described in the declaration.
Section 61-10-260. A person who manufactures alcohol under the
provisions of this article must keep a record which shows the quantity of
alcohol manufactured, the quantity transported or shipped, and to whom
and where the alcohol was shipped. This record is subject to the
inspection of any attorney representing this State.
Section 61-10-270. (A) If a person who manufactures alcohol under
the provisions of this article sells it for or consents to its use as a
beverage, either in or outside this State, ethyl alcohol so manufactured, or
violates the provisions of this article, he must forfeit to the State all
property in this State connected with and incident to the manufacture of
the alcohol. The Attorney General and the solicitors must institute an
action in a court of competent jurisdiction in any county of this State
which the Attorney General or solicitor selects for determining whether
the provisions of this article have been violated and whether the property
has been thereby forfeited to the State.
(B) Property forfeited under the provisions of this section must be
delivered to the Budget and Control Board.
Section 61-10-280. A person who manufactures in this State ginger
ale or similar soft drinks in which there is an alcoholic ingredient not
exceeding one-third of one percent may import alcohol into this State or
order and receive alcohol from another state in quantities not exceeding
ten gallons, for which no permit is required. However, the person must
first file with the clerk of court of the county in which his manufacturing
plant is located a bond with an approved surety company as surety in the
sum of one thousand dollars, to be forfeited to the State upon the proof
of misuse of the alcohol or disposition of it otherwise than as provided in
this section for the manufacture of the product. The solicitor, in his
discretion, may bring action upon the bond upon information or
belief.
Section 61-10-290. Nothing in this article prohibits the sale of wood
or denatured alcohol.
CHAPTER 12
Disbursement of Revenue for Programs for
Alcoholics, Drug Abusers, and Drug Addicts
Section 61-12-10. Revenue allocated to counties for educational
purposes relating to the use of alcoholic liquors and the rehabilitation of
alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40
must be regulated and disbursed in accordance with the provisions of this
chapter.
Section 61-12-20. Before the use of the revenue described in Section
61-12-10, the governing body of each county must:
(a) designate a single existing county agency or organization, either
public or private, as the sole agency in the county for alcohol and drug
abuse planning for programs funded by revenues allocated pursuant to
Section 6-27-40 or create a new agency for that purpose;
(b) develop a county plan in accordance with the state plan for
alcohol abuse and alcoholism and the state plan for drug abuse required
by Public Laws 91-616 and 92-255 for the prevention and control of
alcohol and drug abuse and obtain written approval of the plan by the
Department of Alcohol and Other Drug Abuse Services. Written
approval must be given by the Department of Alcohol and Other Drug
Abuse Services if the plan is reasonable. If approval is denied, the
county may appeal to the Governor. The appeal must state fully the
reasons why it is made. If the Governor considers the nonapproval of
the plan by the Department of Alcohol and Other Drug Abuse Services to
be unreasonable, he must communicate his reasons to the Department of
Alcohol and Other Drug Abuse Services and require it to reexamine the
plan in light of his objections. Following the reexamination, no further
appeal may be taken.
Section 61-12-30. The single county agency, as provided for in
Section 61-12-20, must provide for citizen participation and consumer
input in the development and implementation of the county alcohol and
drug abuse plan through an existing board or advisory committee or,
where none exists or where citizen participation is nonexistent, through
the establishment of a county advisory committee, which must consult
with and advise the single county agency in the development and
implementation of the county plan.
Section 61-12-40. Revenue funds received in accordance with this
chapter must be expended only for activities and services which are
called for in, and are consistent with, the recommendations of the
approved county alcohol and drug abuse plan.
Section 61-12-50. Each county governing body must:
(a) establish methods of administration necessary for the proper and
efficient operation of the programs and services or projects, including the
provision of annual reports of progress toward implementing county
plans to the Department of Alcohol and Other Drug Abuse Services;
(b) provide for accounting procedures necessary to assure proper
disbursement of and accounting for the funds, including an annual audit
of fiscal records, a copy of which must be furnished to the Department of
Alcohol and Other Drug Abuse Services.
Section 61-12-60. The provisions of this chapter must not be
construed as prohibiting two or more counties from joining together in
plans, programs, and projects or in designating a single agency to
administer multicounty plans required by item (b) of Section
61-12-20.
Section 61-12-70. Funds disbursed pursuant to the provisions of
Section 6-27-40 and this chapter must be used only to supplement and
increase the level of federal, state, local, and other funding that in the
absence of these funds would be made available, and must in no event be
used to supplant federal, state, local, and other funds."
Quarterly distributions
SECTION 2. Section 6-27-40(B) of the 1976 Code, as last amended by
Part II, Act 171 of 1991, is further amended to read:
"(B) In making the quarterly distribution to counties, the State
Treasurer must notify each county of the amount that must be used for
educational purposes relating to the use of alcoholic liquors and for the
rehabilitation of alcoholics and drug addicts. Counties may pool these
funds with other counties and may combine these funds with other funds
for the same purposes. The amount that must be used as provided in this
subsection is equal to twenty-five percent of the revenue derived pursuant
to Section 12-33-245 allocated on a per capita basis according to the
most recent United States Census."
Minibottle tax
SECTION 3. Chapter 33 of Title 12 of the 1976 Code is amended by
adding:
"Section 12-33-245. In lieu of taxes imposed under Sections
12-33-230 and 12-33-240, alcoholic liquors sold in minibottles must be
taxed at the rate of twenty-five cents for each container in addition to the
case tax as prescribed in Article 5 of this chapter and collected as those
taxes are collected. Taxes levied in Article 3 of this chapter do not
apply."
Tax exemption
SECTION 4. Title 12 of the 1976 Code is amended by adding:
"Section 12-33-475. Alcoholic liquors subject to tax under the
provisions of this chapter are exempt from this tax when sold to the
United States Government or United States Government instrumentality
for Army, Navy, Marine, or Air Force purposes and delivered to a place
lawfully ceded to the United States, or delivered to a ship belonging to
the United States Navy for distribution and sale to members of the
military establishment only, or when sold and delivered to ships regularly
engaged in foreign or coastwise shipping between points in this State and
points outside the State."
Repeal
SECTION 5. Chapters 1, 3, 5, 7, 9, 11, and 13 of Title 61 of the 1976
Code are repealed.
Savings clause
SECTION 6. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved.
The recodification of this title shall not serve to limit or extinguish any
rights or causes of action resulting from prior regulation or
enforcement.
Licenses, permits, and certificates
SECTION 7. The provisions of this act apply to licenses, permits, and
certificates applied for on or after the effective date of this act.
Conversion table
SECTION 8. The following conversion table is not part of this act and is
printed solely for the users of the Code of Laws of South Carolina, 1976,
and must be printed in Title 61 in an appropriate place to be determined
by the Code Commissioner:
Former Section Recodified Section
61-1-10 61-2-10
61-1-60 61-2-30
Former Section Recodified Section
61-1-65 61-2-40
61-1-70 61-2-60
61-1-80 61-4-250, 61-6-4270
61-1-90 61-4-950
61-1-95 61-2-140
61-1-105 61-2-130
61-1-110 61-2-110
61-1-120 61-2-90
61-1-125 61-2-100
61-3-10 61-6-10
61-3-20 61-6-20
61-3-30 61-6-30
61-3-40 61-6-40
61-3-50 61-2-20
61-3-70 61-2-60
61-3-80 61-2-60
61-3-90 61-2-60
61-3-110 61-2-50
61-3-220 61-6-60
61-3-230 61-6-70
61-3-260 61-6-80
61-3-410 61-6-100
61-3-420 61-6-110
61-3-425 61-2-160
61-3-440 61-6-120
61-3-450 61-6-130
61-3-460 61-6-140
61-3-461 61-6-150
61-3-462 61-6-150
61-3-470 61-6-160
61-3-480 61-6-170
61-3-490 61-6-180
61-3-500 61-6-180
61-3-520 61-6-190
61-3-530 61-2-150
61-3-540 61-6-300
61-3-550 61-6-310
61-3-560 61-6-320
61-3-570 61-6-330
61-3-580 61-6-340
Former Section Recodified Section
61-3-590 61-6-350
61-3-600 61-6-500
61-3-610 61-6-700
61-3-710 61-2-120
61-3-720 61-6-900
61-3-730 61-6-910
61-3-740 61-6-920
61-3-750 61-6-930
61-3-760 61-6-940
61-3-800 61-6-950
61-3-910 61-6-1100
61-3-920 61-6-1300, 61-6-1500
61-3-930 61-6-1300
61-3-940 61-6-1300
61-3-950 61-6-1310
61-3-980 61-6-1320
61-3-990 61-6-1500
61-3-1000 61-6-1510
61-3-1010 61-6-1520
61-3-1020 61-6-1540
61-3-1030 61-4-770, 61-6-1540
61-3-1040 61-6-1550
61-5-10 61-6-20
61-5-20 61-6-20, 61-6-1600, 61-6-1610,
61-6-1620, 61-6-2200, 61-6-2210,
61-6-4020, 61-6-4710
61-5-25 61-4-220, 61-6-1610, 61-6-2420
61-5-30 61-6-1800, 61-6-2220, 61-6-4710
61-5-40 61-6-1810
61-5-50 61-6-1820
61-5-55 61-2-180
61-5-60 61-6-1820, 61-6-1830
61-5-70 61-2-120
61-5-80 61-6-1810
61-5-85 61-6-2000
61-5-100 61-6-2610
61-5-110 61-6-2600
61-5-120 61-6-2610
61-5-130 61-6-1500, 61-6-1630
61-5-140 61-2-30
Former Section Recodified Section
61-5-160 61-6-1530
61-5-170 61-6-510
61-5-180 61-6-2010
61-5-190 61-2-80
61-5-200 61-2-170
61-5-310 61-12-10
61-5-320 61-12-20
61-5-330 61-12-30
61-5-350 61-12-40
61-5-360 61-12-50
61-5-370 61-12-60
61-5-380 61-12-70
61-7-10 61-6-20
61-7-20 61-6-2800
61-7-30 61-2-20
61-7-40 61-2-60
61-7-50 61-6-2810
61-7-60 61-6-2820
61-7-70 61-6-2830
61-7-80 61-6-2840
61-7-90 61-6-2850
61-7-100 61-6-2860
61-7-110 61-6-2870
61-7-120 61-6-2880
61-7-130 61-6-2890
61-7-140 61-6-2900
61-7-150 61-6-2910
61-7-160 61-6-2920
61-7-170 61-6-2930
61-7-180 61-6-2940
61-7-190 61-6-2950
61-7-200 61-6-2960
61-7-210 61-6-2970
61-7-300 12-33-475
61-7-305 61-6-1300, 61-6-1500, 61-6-2980
61-9-10 61-4-10
61-9-20 61-4-20
61-9-30 61-4-30
61-9-35 61-4-40
61-9-40 61-4-50
Former Section Recodified Section
61-9-50 61-4-60
61-9-60 61-4-80
61-9-70 61-4-60, 61-4-80
61-9-85 61-4-100
61-9-87 61-4-110
61-9-90 61-4-120
61-9-100 61-4-130
61-9-110 61-4-140
61-9-120 61-4-150
61-9-140 61-4-190
61-9-170 61-4-200
61-9-175 61-4-210
61-9-210 61-4-300
61-9-220 61-4-310
61-9-230 61-4-310
61-9-240 61-4-320
61-9-250 61-4-330
61-9-260 61-4-350
61-9-270 61-2-20
61-9-280 61-2-60
61-9-290 61-4-260
61-9-310(A) & (C) 61-4-500
61-9-310(B) 61-2-120
61-9-312 61-4-510
61-9-315 61-4-940
61-9-320 61-4-520
61-9-330 61-4-530
61-9-340 61-4-540
61-9-360 61-4-550
61-9-380 61-4-270
61-9-390 61-4-560
61-9-400 61-4-570
61-9-410 61-4-580
61-9-420 61-4-590
61-9-430 61-4-600
61-9-440 61-4-610
61-9-450 61-4-600, 61-4-610
61-9-610 61-4-700
61-9-615 61-4-720
61-9-617 61-4-730
Former Section Recodified Section
61-9-620 61-4-710
61-9-625 61-4-340
61-9-626 61-4-740
61-9-630 61-4-750
61-9-640 61-4-760
61-9-650 61-4-780
61-9-820 61-4-900
61-9-830 61-4-910
61-9-840 61-4-910
61-9-850 61-2-60, 61-4-920
61-9-860 61-4-930
61-9-1010 61-4-1100
61-9-1020 61-4-1110
61-9-1030 61-4-1120
61-9-1040 61-4-1130
61-9-1050 61-4-1140
61-9-1100 61-4-1300
61-9-1110 61-4-1310
61-9-1120 61-4-1320
61-9-1210 61-4-1500
61-9-1220 61-4-1510
61-9-1240 62-2-60, 61-4-1520
61-9-1250 61-4-1530
61-9-1260 61-4-1540
61-9-1310 61-4-1700
61-9-1320 61-4-1710
61-9-1330 61-4-1720
61-9-1340 61-4-1730
61-9-1350 61-4-1740
61-9-1360 61-4-1750
61-9-1370 61-4-1760
61-9-1380 61-2-60
61-9-1390 61-4-1770
61-11-10 61-10-10
61-11-20 61-10-20
61-11-30 61-10-30
61-11-40 61-10-50
61-11-50 61-10-40
61-11-60 61-10-60
61-11-70 61-10-70
Former Section Recodified Section
61-11-80 61-10-80
61-11-90 61-10-90
61-11-210 61-10-210
61-11-220 61-10-220
61-11-230 61-10-230
61-11-240 61-10-240
61-11-250 61-10-230
61-11-260 61-10-250
61-11-270 61-10-260
61-11-280 61-10-270
61-11-290 61-10-230
61-11-300 61-10-270
61-11-310 61-10-280
61-11-320 61-10-290
61-13-10 61-8-10
61-13-20 61-8-20
61-13-30 61-8-30
61-13-40 61-8-40
61-13-50 61-8-50
61-13-60 61-8-60
61-13-70 61-8-70
61-13-210 61-6-4010
61-13-220 61-6-4025
61-13-230 61-6-4030
61-13-240 61-6-4040
61-13-250 61-6-4050
61-13-260 61-6-4060
61-13-287 61-4-90, 61-6-4070
61-13-290 61-6-4080
61-13-295 61-6-4090
61-13-300 61-6-4100
61-13-310 61-6-4110
61-13-320 61-6-4120
61-13-330 61-6-4130
61-13-340 61-6-4140
61-13-350 61-6-4700
61-13-360 61-6-4720
61-13-370 61-6-4150
61-13-380 61-6-4160
61-13-390 61-6-4170
Former Section Recodified Section
61-13-400 61-6-4180
61-13-410 61-4-230, 61-6-4190
61-13-420 61-6-4200
61-13-430 61-6-4010, 61-6-4025,
61-6-4030, 61-6-4040,
61-6-4050, 61-6-4060,
61-6-4100, 61-6-4110,
61-6-4120, 61-6-4130,
61-6-4140, 61-6-4150,
61-6-4160, 61-6-4170,
61-6-4700
61-13-440 61-6-4220
61-13-450 61-6-4230
61-13-460 61-6-4240
61-13-470 61-6-4250
61-13-500 61-6-4260
61-13-510 61-4-250, 61-6-4270
61-13-515 61-6-4280
61-13-520 61-4-250, 61-6-4260, 61-6-4270
61-13-530 61-4-250, 61-6-4260, 61-6-4270
61-13-540 61-6-4290
61-13-550 61-6-4300
61-13-570 61-6-4310
61-13-580 61-6-4320
61-13-590 61-6-4330
61-13-600 61-6-4340
61-13-610 61-6-4350
61-13-620 61-6-4360
61-13-630 61-6-4360
61-13-640 61-6-4370
61-13-650 61-6-4380
61-13-660 61-6-4390
61-13-670 61-6-4400
61-13-680 61-6-4410
61-13-690 61-6-4420
61-13-700 61-6-4430
61-13-710 61-6-4440
61-13-720 61-6-4450
61-13-730 61-6-4460
61-13-740 61-6-4470
Former Section Recodified Section
61-13-750 61-6-4480
61-13-760 61-6-4490
61-13-770 61-6-4500
61-13-780 61-6-4510
61-13-790 61-6-4000
61-13-800 61-4-180, 61-6-4520
61-13-810 61-4-170
61-13-820 61-6-4530
61-13-830 61-2-190
61-13-835 61-2-200
61-13-836 61-2-210
61-13-840 61-6-4540
61-13-850 61-2-220
61-13-860 61-2-240
61-13-870 61-2-250
61-13-875 61-4-160, 61-6-4550
61-13-880 61-2-230
61-13-885 61-4-70, 61-6-1530
Time effective
SECTION 9. This act takes effect January 1, 1997.
Approved the 4th day of June, 1996. |