H*3180(Rat #0566, Act #0445)  General Bill, By R.S. Corning, J.J. Bailey, 
L.O. Graham, H.M. Hallman, D.N. Holt, M.F. Jaskwhich, Kelley, Klauber, 
T.F. Rogers, Scott, J.S. Shissias, C.Y. Waites and R.M. Young
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 12
 to Chapter 9 so as to provide for the establishment, operation, and permitting
 of brewpubs, promulgation of regulations, and penalties.-amended title

   01/19/93  House  Introduced and read first time HJ-33
   01/19/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-33
   04/21/93  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-4
   04/28/93  House  Objection by Rep. Cato, Simrill, Kirsh, Meacham,
                     Moody-Lawrence, Vaughn, HJ-41
   04/28/93  House  Objection by Rep. Trotter, Fair, Marchbanks,
                     Wells, Worley & Haskins HJ-41
   01/19/94  House  Amended HJ-56
   01/19/94  House  Read second time HJ-57
   01/19/94  House  Roll call Yeas-057 HJ-57
   01/20/94  House  Read third time and sent to Senate HJ-34
   01/25/94  Senate Introduced and read first time SJ-4
   01/25/94  Senate Referred to Committee on Judiciary SJ-4
   04/13/94  Senate Committee report: Favorable with amendment
                     Judiciary SJ-20
   06/01/94  Senate Amended SJ-122
   06/01/94  Senate Read second time SJ-123
   06/02/94  Senate Read third time and returned to House with
                     amendments SJ-83
   06/02/94  House  Concurred in Senate amendment and enrolled HJ-108
   06/02/94         Ratified R 566
   06/16/94         Signed By Governor
   06/16/94         Effective date 07/01/94
   06/28/94         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 9 OF TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS, AND PENALTIES.

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

Brewpubs

SECTION 1. Chapter 9, Title 61 of the 1976 Code is amended by adding:

Section 61-9-1310. 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 shall include, but are not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

(3) `Person' means an individual, a partnership, a corporation, or other form of business organization.

Section 61-9-1320. 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 61-9-1330. 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 liquor for consumption on the premises in sealed containers of two ounces or less requires an appropriate license which may be granted to the holder of a brewpub permit who meets all other qualifications for the license under this title.

Section 61-9-1340. Beer brewed on a permitted premise under this article is subject to 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 by the department.

Section 61-9-1350. A brewpub permit authorizes the holder to:

(A) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:

(1) on draught for consumption on the premises;

(2) 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

(3) in bottles for consumption by the purchaser off the premises.

(B) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-9-315.

(C) 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 liquor on the premises to be granted.

Section 61-9-1360. No person holding a brewpub permit issued by the department 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 61-9-1370. No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location.

Section 61-9-1380. The department and the division shall promulgate regulations necessary for the appropriate enforcement of this article.

Section 61-9-1390. The department may suspend or revoke the permit or license of a person who violates the provisions of this article."

Time effective

SECTION 2. This act takes effect July 1, 1994.

Approved the 16th day of June, 1994.