H*3207(Rat #0215, Act #0098 of 1997)  General Bill, By Seithel and Haskins
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 61-2-175 SO AS TO CREATE A MISDEMEANOR OFFENSE FOR SHIPPING BEER, WINE, OR
 ALCOHOLIC LIQUORS TO A RESIDENT OF THIS STATE WHO DOES NOT HOLD A LICENSE OR
 CERTIFICATE OF REGISTRATION AND TO ESTABLISH CRIMINAL AND ADMINISTRATIVE
 PENALTIES; TO ADD SECTION 61-6-2230 SO AS TO PROHIBIT AN ALCOHOLIC BEVERAGE
 LICENSEE FROM CONDUCTING DRINKING CONTESTS AND DRINKING GAMES; AND TO AMEND
 SECTION 61-4-580, RELATING TO PROHIBITED ACTS BY HOLDERS OF BEER AND WINE
 PERMITS, SO AS TO INCLUDE CONDUCTING DRINKING CONTESTS AND DRINKING GAMES AS A
 PROHIBITED ACT.-AMENDED TITLE

   01/08/97  House  Prefiled
   01/08/97  House  Referred to Committee on Judiciary
   01/14/97  House  Introduced and read first time HJ-80
   01/14/97  House  Referred to Committee on Judiciary HJ-80
   03/19/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-15
   03/25/97  House  Amended HJ-11
   03/25/97  House  Read second time HJ-12
   03/26/97  House  Read third time and sent to Senate HJ-10
   04/01/97  Senate Introduced and read first time SJ-12
   04/01/97  Senate Referred to Committee on Judiciary SJ-12
   05/22/97  Senate Polled out of committee Judiciary SJ-16
   05/27/97  Senate Amended SJ-29
   05/27/97  Senate Read second time SJ-29
   06/03/97  Senate Read third time and returned to House with
                     amendments SJ-85
   06/03/97  Senate Reconsidered
   06/03/97  Senate Read third time and returned to House with amendments
   06/03/97  House  Concurred in Senate amendment and enrolled HJ-158
   06/09/97         Ratified R 215
   06/13/97         Signed By Governor
   06/13/97         Effective date 06/13/97
   06/24/97         Copies available
   06/24/97         Act No. 98

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-175 SO AS TO CREATE A MISDEMEANOR OFFENSE FOR SHIPPING BEER, WINE, OR ALCOHOLIC LIQUORS TO A RESIDENT OF THIS STATE WHO DOES NOT HOLD A LICENSE OR CERTIFICATE OF REGISTRATION AND TO ESTABLISH CRIMINAL AND ADMINISTRATIVE PENALTIES; TO ADD SECTION 61-6-2230 SO AS TO PROHIBIT AN ALCOHOLIC BEVERAGE LICENSEE FROM CONDUCTING DRINKING CONTESTS AND DRINKING GAMES; AND TO AMEND SECTION 61-4-580, RELATING TO PROHIBITED ACTS BY HOLDERS OF BEER AND WINE PERMITS, SO AS TO INCLUDE CONDUCTING DRINKING CONTESTS AND DRINKING GAMES AS A PROHIBITED ACT.

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

Unlawful shipping to nonlicensed resident

SECTION 1. The 1976 Code is amended by adding:

"Section 61-2-175. (A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.

(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds."

Drinking contests and games prohibited

SECTION 2. The 1976 Code is amended by adding:

"Section 61-6-2230. (A) No person licensed to sell alcoholic beverages pursuant to this article may knowingly conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'.

(B) For purposes of this section, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section."

Prohibited acts

SECTION 3. Section 61-4-580(6) of the 1976 Code as added by Act 415 of 1996, is amended to read:

"(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; or

(7) conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'. For purposes of this item, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 13th day of June, 1997.