S*398 Session 103 (1979-1980)
S*0398(Rat #0349, Act #0325 of 1980) General Bill, By J.C. Lindsay
A Bill to amend Section 61-7-60, Code of Laws of South Carolina, 1976,
relating to the shipping of alcoholic liquors into this State, so as to
restrict the registration of brands of alcoholic liquors to the American
producer or the primary American source of supply in the United States, and to
make it unlawful for any wholesaler to order, purchase or receive any
alcoholic beverages from any producer who is not the American primary source
of supply and to amend the 1976 Code by adding Section 61-9-625, so as to make
it unlawful for any wholesaler to order, purchase or receive any wine from any
producer who is not the American primary source of supply and to provide
exceptions.-at
03/27/79 Senate Introduced and read first time SJ-4
03/27/79 Senate Referred to Committee on Labor, Commerce and
Industry SJ-4
05/30/79 Senate Recalled from Committee on Labor, Commerce and
Industry SJ-17
06/14/79 Senate Read second time SJ-10
06/14/79 Senate Ordered to third reading with notice of
amendments SJ-10
06/15/79 Senate Read third time and sent to House SJ-27
06/19/79 House Introduced and read first time HJ-2677
06/19/79 House Referred to Committee on Labor, Commerce and
Industry HJ-2677
02/20/80 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-1007
02/26/80 House Amended HJ-1122
02/26/80 House Read second time HJ-1123
02/27/80 House READ THIRD TIME HJ-1144
02/27/80 House Returned HJ-1144
02/27/80 Senate Concurred in House amendment and enrolled SJ-15
03/05/80 Senate Ratified R 349 SJ-12
03/06/80 Signed By Governor
03/06/80 Effective date 03/06/80
03/06/80 Act No. 325
03/14/80 Copies available
(A325, R349, S398)
AN ACT TO AMEND SECTION 61-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE SHIPPING OF ALCOHOLIC LIQUORS INTO THIS STATE, SO AS TO
RESTRICT THE REGISTRATION OF BRANDS OF ALCOHOLIC LIQUORS TO THE AMERICAN
PRODUCER OR THE PRIMARY AMERICAN SOURCE OF SUPPLY IN THE UNITED STATES, AND TO
MAKE IT UNLAWFUL FOR ANY WHOLESALER TO ORDER, PURCHASE OR RECEIVE ANY
ALCOHOLIC BEVERAGES FROM ANY PRODUCER WHO IS NOT THE AMERICAN PRIMARY SOURCE
OF SUPPLY AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-625, SO AS TO MAKE
IT UNLAWFUL FOR ANY WHOLESALER TO ORDER, PURCHASE OR RECEIVE ANY WINE FROM ANY
PRODUCER WHO IS NOT THE AMERICAN PRIMARY SOURCE OF SUPPLY AND TO PROVIDE
EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Registration of alcoholic liquors--unlawful to order or purchase etc. from
producer not primary source of supply
Section 1. Section 61-7-60 of the 1976 Code is amended to read:
"Section 61-7-60. No person other than a registered producer shall ship
or move, or cause to be shipped or moved, any alcoholic liquors from a point
outside South Carolina to a point within the geographic limits of South
Carolina, and then 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 such brand as herein defined, and it shall be unlawful
for any wholesaler in this State to order, purchase or receive any alcoholic
beverages 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 same 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."
Unlawful for wholesaler to order wine from producer not primary source of
supply
Section 2. The 1976 Code is amended by adding:
"Section 61-9-625. No person other than a registered producer shall
ship or move, or cause to be shipped or moved, any wine from a point outside
South Carolina to a point within the geographic limits of South Carolina, and
then 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 such brand as herein defined, and it shall be unlawful for any
wholesaler in this State to order, purchase or receive any wine 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 same 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. The provisions of this section shall not apply to any person who
produces wine solely in this State and who subsequently ships or sells such
wine solely in this State."
Time effective
Section 3. This act shall take effect upon approval by the Governor. |