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H*4367
Session 109 (1991-1992)


H*4367(Rat #0626, Act #0496 of 1992)  General Bill, By M. McLeod
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 61-7-305 so as to prohibit a liquor wholesaler or retailer from redeeming
 proof-of-purchase certificates for promotional items and to provide
 exceptions; to amend Section 61-3-1000, relating to structural and other
 requirements for retail liquor stores, so as to allow an additional door and
 provide requirements for the location and use of the door and other structural
 requirements, to revise existing sign requirements, allow additional specific
 signs, and prohibit signs not specifically authorized; to amend Section
 61-3-1010, relating to requirement for the display of prices and stock in
 retail liquor stores, so as to allow price and bottle size signs of any size
 within the store when not visible outside; and to amend Section 61-3-1020, as
 amended, relating to other business in retail liquor stores, so as to revise
 requirements relating to other items which may be sold.-amended title

   02/05/92  House  Introduced and read first time HJ-20
   02/05/92  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-21
   03/24/92  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-7
   04/01/92  House  Amended HJ-36
   04/01/92  House  Read second time HJ-37
   04/02/92  House  Read third time and sent to Senate HJ-12
   04/06/92  Senate Introduced and read first time SJ-11
   04/06/92  Senate Referred to Committee on Judiciary SJ-11
   05/07/92  Senate Committee report: Favorable with amendment
                     Judiciary SJ-25
   05/20/92  Senate Amended SJ-41
   05/20/92  Senate Read second time SJ-43
   05/20/92  Senate Ordered to third reading with notice of
                     amendments SJ-43
   05/21/92  Senate Read third time and returned to House with
                     amendments SJ-23
   05/21/92  Senate Reconsidered SJ-24
   05/28/92  Senate Read third time and returned to House with
                     amendments SJ-24
   06/03/92  House  Senate amendment amended HJ-115
   06/03/92  House  Returned to Senate with amendments HJ-115
   06/04/92  Senate Concurred in House amendment and enrolled SJ-125
   06/04/92         Ratified R 626
   07/01/92         Signed By Governor
   07/01/92         Effective date 07/01/92
   07/01/92         Act No. 496
   07/14/92         Copies available



(A496, R626, H4367)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-7-305 SO AS TO PROHIBIT A LIQUOR WHOLESALER OR RETAILER FROM REDEEMING PROOF-OF-PURCHASE CERTIFICATES FOR PROMOTIONAL ITEMS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 61-3-1000, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO ALLOW AN ADDITIONAL DOOR AND PROVIDE THE REQUIREMENTS FOR THE LOCATION AND USE OF THE DOOR AND OTHER STRUCTURAL REQUIREMENTS, TO REVISE EXISTING SIGN REQUIREMENTS, ALLOW ADDITIONAL SPECIFIC SIGNS, AND PROHIBIT SIGNS NOT SPECIFICALLY AUTHORIZED; TO AMEND SECTION 61-3-1010, RELATING TO REQUIREMENT FOR THE DISPLAY OF PRICES AND STOCK IN RETAIL LIQUOR STORES, SO AS TO ALLOW PRICE AND BOTTLE SIZE SIGNS OF ANY SIZE WITHIN THE STORE WHEN NOT VISIBLE OUTSIDE; AND TO AMEND SECTION 61-3-1020, AS AMENDED, RELATING TO OTHER BUSINESS IN RETAIL LIQUOR STORES, SO AS TO REVISE REQUIREMENTS RELATING TO OTHER ITEMS WHICH MAY BE SOLD.

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

Retail liquor stores

SECTION 1. Section 61-3-1000 of the 1976 Code is amended to read:

"Section 61-3-1000. Every retail dealer shall maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit. Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.

A sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The words `ABC Package Store', the owner's name, and license number may appear on the sign. Letters must be white with a red background. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words `ABC Package Store' in black letters. No other letters or symbols may be placed on this sign.

Retail dealers may place signs containing the words `ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory.

Retail dealers may place one sign, not to exceed three feet by three feet, off of their licensed premises. This sign may only be white, and may only contain the words `ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.

A retail dealer may place a reasonable number of signs on his licensed premise indicating the designated parking for his licensed premise. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.

Signs by retail liquor dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business."

Unlawful to redeem

SECTION 2. The 1976 Code is amended by adding:

"Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."

Signs in store

SECTION 3. Section 61-3-1010 of the 1976 Code is amended to read:

"Section 61-3-1010. Every retail dealer shall display all retail prices on the shelf under each brand and bottle size. No bottles of alcoholic liquors or no packages containing alcoholic liquors may be displayed in the front or windows of the store or place of business of a retail dealer. However, a retailer may display signs within the store or place of business with the price and bottle size in letters of any size. These signs must not be visible from outside the store or place of business."

Other items

SECTION 4. Section 61-3-1020 of the 1976 Code, as last amended by Act 39 of 1991, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store.

However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer. Retail dealers also may sell nonalcoholic beverages, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer."

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 1st day of July, 1992.




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