H*3178(Rat #0100, Act #0066 of 2011)  General Bill, By Pitts, Limehouse, Hixon and 
Long

Similar(S 231)
 AN ACT TO AMEND SECTION 61-6-1035, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE REQUIREMENTS FOR AUTHORIZATION FOR THE SAMPLING OF CERTAIN
 WINES, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR
 STORE, SO AS TO REQUIRE THE SAMPLE PRODUCTS BE LIMITED TO ONE WHOLESALER AT A
 TIME, TO REQUIRE THAT THE NOTICE OF THE SAMPLING TO THE SOUTH CAROLINA LAW
 ENFORCEMENT DIVISION CONTAIN A COPY OF A CERTIFICATE OF LIABILITY INSURANCE
 FOR THOSE CONDUCTING THE SAMPLING, TO REQUIRE THAT ALL PRODUCT SAMPLES BE
 PURCHASED BY THE RETAILER FROM A LICENSED WHOLESALER, TO REQUIRE ALL
 ASSOCIATED COSTS OF THE SAMPLING BE PAID FOR BY THOSE CONDUCTING THE SAMPLING,
 AND TO ALLOW A RETAILER TO CONDUCT THE SAMPLING. - ratified title

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Judiciary
   01/11/11  House  Introduced and read first time (House Journal-page 72)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 72)
   01/12/11  House  Member(s) request name added as sponsor: Long
   02/16/11  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 4)
   02/22/11  House  Amended (House Journal-page 29)
   02/22/11  House  Read second time (House Journal-page 29)
   02/23/11  House  Read third time and sent to Senate
                     (House Journal-page 19)
   02/23/11  Senate Introduced and read first time (Senate Journal-page 22)
   02/23/11  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 22)
   03/02/11  Senate Committee report: Favorable with amendment Judiciary
   03/03/11         Scrivener's error corrected
   03/09/11  Senate Committee Amendment Adopted (Senate Journal-page 18)
   03/09/11  Senate Read second time (Senate Journal-page 18)
   03/09/11  Senate Roll call Ayes-36  Nays-2 (Senate Journal-page 18)
   03/10/11         Scrivener's error corrected
   06/01/11  Senate Amended (Senate Journal-page 18)
   06/01/11  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 18)
   06/01/11  Senate Roll call Ayes-37  Nays-1 (Senate Journal-page 18)
   06/02/11  House  Senate amendment amended (House Journal-page 95)
   06/02/11  House  Roll call Yeas-83  Nays-9 (House Journal-page 95)
   06/02/11  House  Returned to Senate with amendments
                     (House Journal-page 95)
   06/15/11  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 238)
   06/15/11  Senate Roll call Ayes-22  Nays-12 (Senate Journal-page 238)
   06/16/11         Ratified R 100
   06/17/11         Signed By Governor
   06/22/11         Effective date 06/17/11
   06/27/11         Act No. 66

(A66, R100, H3178)

AN ACT TO AMEND SECTION 61-6-1035, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR AUTHORIZATION FOR THE SAMPLING OF CERTAIN WINES, CORDIALS, AND OTHER DISTILLED SPIRITS SOLD IN A RETAIL ALCOHOLIC LIQUOR STORE, SO AS TO REQUIRE THE SAMPLE PRODUCTS BE LIMITED TO ONE WHOLESALER AT A TIME, TO REQUIRE THAT THE NOTICE OF THE SAMPLING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION CONTAIN A COPY OF A CERTIFICATE OF LIABILITY INSURANCE FOR THOSE CONDUCTING THE SAMPLING, TO REQUIRE THAT ALL PRODUCT SAMPLES BE PURCHASED BY THE RETAILER FROM A LICENSED WHOLESALER, TO REQUIRE ALL ASSOCIATED COSTS OF THE SAMPLING BE PAID FOR BY THOSE CONDUCTING THE SAMPLING, AND TO ALLOW A RETAILER TO CONDUCT THE SAMPLING.

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

Requirements for the sampling of certain alcoholic beverages sold in a retail alcoholic liquor store

SECTION    1.    Section 61-6-1035 of the 1976 Code is amended to read:

"Section 61-6-1035.    Notwithstanding the provisions of Section 61-6-1500, the sampling of wines containing over sixteen percent by volume of alcohol, cordials, and other distilled spirits sold in a retail alcoholic liquor store is authorized if the sampling is conducted as follows:

(1)    No sample may be offered from more than four products at one time.

(2)    The sample is limited to products from no more than one wholesaler at one time.

(3)    No more than one bottle of each of the four products to be sampled may be opened.

(4)    The sampling must be held in a designated tasting area of the retail liquor store and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting.

(5)    Samples must be less than one-half ounce for each product sampled.

(6)    No person may be served more than one sample of each product.

(7)    No sampling may be offered for longer than four hours.

(8)    At least ten days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division. The letter must include a copy of a certificate of liability insurance for the manufacturer, the retail establishment, or its agent, conducting the tastings.

(9)    No sample may be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. This person must not be allowed to loiter on the store premises.

(10)    The tastings must be conducted by the manufacturer, retailer, or an agent of the manufacturer or retailer, and must not be conducted by a wholesaler, an employee of a wholesaler, or an agent of a wholesaler.

(11)    No retail alcoholic liquor store may offer more than one sampling per day.

(12)    All product samples used for tastings must be purchased by the retailer from a South Carolina Licensed Wholesaler as required by Section 61-6-100(3).

(13)    All associated costs for the tasting must be paid for by the manufacturer, the retailer, or its agent, conducting the tasting."

Time effective

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

Ratified the 16th day of June, 2011.

Approved the 17th day of June, 2011.