H*5094(Rat #0437, Act #0267 of 2004)  General Bill, By Edge
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND
 ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE
 WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN
 AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR
 ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER
 THAN THE SALE OR USE BY THE AIRLINE COMPANY; AND TO AMEND SECTIONS 61-4-720
 AND 61-4-730, BOTH AS AMENDED, RELATING TO TASTING AND SALES OF WINE BY A
 WINERY LICENSED IN THIS STATE, SO AS TO FURTHER DEFINE "WINE" FOR PURPOSES OF
 THESE SECTIONS TO INCLUDE WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE
 JUICE FROM FRUIT AND BERRIES WHICH ARE GROWN IN THIS STATE. - ratified title

   04/13/04  House  Introduced and read first time HJ-5
   04/13/04  House  Referred to Committee on Judiciary HJ-5
   05/05/04  House  Committee report: Favorable Judiciary HJ-3
   05/11/04  House  Requests for debate-Rep(s). Scott, Hosey,
                     Moody-Lawrence, J Brown, Lloyd, Bales,
                     Littlejohn, and Mack HJ-14
   05/13/04  House  Requests for debate removed-Rep(s). Scott, Lloyd,
                     and J Brown HJ-22
   05/19/04  House  Read second time HJ-285
   05/19/04  House  Roll call Yeas-87  Nays-0 HJ-286
   05/20/04  House  Read third time and sent to Senate HJ-103
   05/25/04  Senate Introduced and read first time SJ-11
   05/25/04  Senate Referred to Committee on Judiciary SJ-11
   05/27/04  Senate Recalled from Committee on Judiciary SJ-6
   06/02/04  Senate Amended SJ-130
   06/02/04  Senate Read second time SJ-130
   06/02/04  Senate Unanimous consent for third reading on next
                     legislative day SJ-130
   06/03/04  Senate Read third time and returned to House with
                     amendments SJ-19
   06/03/04  House  Concurred in Senate amendment and enrolled HJ-74
   06/03/04         Scrivener's error corrected
   06/03/04         Ratified R 437
   07/06/04         Signed By Governor
   07/13/04         Copies available
   07/13/04         Effective date 07/06/04
   07/14/04         Act No. 267

(A267, R437, H5094)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY; AND TO AMEND SECTIONS 61-4-720 AND 61-4-730, BOTH AS AMENDED, RELATING TO TASTING AND SALES OF WINE BY A WINERY LICENSED IN THIS STATE, SO AS TO FURTHER DEFINE "WINE" FOR PURPOSES OF THESE SECTIONS TO INCLUDE WINE PRODUCED ON THE PREMISES WITH A MAJORITY OF THE JUICE FROM FRUIT AND BERRIES WHICH ARE GROWN IN THIS STATE.

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

Airline companies authorized to purchase beer, wine, and alcoholic liquors from wholesalers

SECTION    1.    Subarticle 15, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:

"Section 61-6-1555.    Notwithstanding any other provision of law, an airline company may purchase beer, wine, and alcoholic liquor directly from a wholesaler licensed pursuant to the provisions of Section 61-4-520(3) or Section 61-6-100(2). A wholesaler may sell and deliver beer, wine, and alcoholic liquor to an airline company for use on the company's airplanes. A person other than an airline passenger who uses beer, wine, or alcoholic liquor purchased pursuant to the provisions of this section for another purpose other than the sale or use by the airline company on its airplanes is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both. Each violation of this section constitutes a separate offense."

Further defines "wine"

SECTION    2. A.    Section 61-4-720 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-720.    Notwithstanding another provision of law, a licensed winery located in this State is authorized to sell wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State with an alcoholic content of sixteen percent or less on the winery premises and deliver or ship this wine to consumer homes in or outside the State. These wineries are authorized to provide, with or without cost, wine taste samples to prospective customers."

B.     Section 61-4-730 of the 1976 Code, as last amended by Act 76 of 2001, is further amended to read:

"Section 61-4-730.    Permitted wineries which produce and sell wine produced on its premises with a majority of the juice from fruit and berries which are grown in this State may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in the State. Wine must be delivered between 7:00 a.m. and 7:00 p.m."

Time effective

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

Ratified the 3rd day of June, 2004.

Approved the 6th day of July, 2004.