H 4716 General Bill, By D. Smith, J.H. Hodges, Jennings and J.W. Tucker
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 61-9-1015 so as to make agreements between a beer wholesaler and an importer
 of beer produced by a brewer outside of the United States binding on any
 successor importer of beer produced by that foreign brewer and to give this
 provision prospective application.

   03/07/96  House  Introduced and read first time HJ-4
   03/07/96  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-4
   03/20/96  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-8
   03/27/96  House  Objection by Rep. Scott, S. Whipper, Marchbanks,
                     Jaskwhich, McMahand, Herdklotz, Neal, D. Smith,
                     Cato, Law, Harrison, Knotts, Wofford & Hodges HJ-42
   03/28/96  House  Objection withdrawn by Rep. Scott, Wofford,
                     Herdklotz, Marchbanks, McMahand, Knotts, S.
                     Whipper, Neal, Harrison, D. Smith & Law HJ-25
   03/28/96  House  Read second time HJ-69
   03/28/96  House  Unanimous consent for third reading on next
                     legislative day HJ-69
   03/29/96  House  Read third time and sent to Senate HJ-4
   04/02/96  Senate Introduced and read first time SJ-17
   04/02/96  Senate Referred to Committee on Judiciary SJ-17
   04/17/96  Senate Committee report: Favorable Judiciary SJ-16
   04/23/96  Senate Read second time SJ-39
   04/23/96  Senate Ordered to third reading with notice of
                     amendments SJ-39
   05/02/96  Senate Amended SJ-26
   05/02/96  Senate Read third time and returned to House with
                     amendments SJ-26
   05/08/96  House  Continued HJ-36

AS PASSED BY THE SENATE

May 2, 1996

H. 4716

S. Printed 5/2/96--S.

Read the first time April 2, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.

Amend Title To Conform

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

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

"Section 61-9-1015. For purposes of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is deemed the agent of the foreign brewer, and any agreement subject to the provisions of this article between a wholesaler and the importer is binding on any successor importer of beer produced by that foreign brewer."

SECTION 2. Section 61-9-30 of the 1976 Code is amended to read:

"Section 61-9-30. All beer Beer or wine sold by wholesalers to the holders of retail licenses in this State shall be sold for cash only at the time of delivery or prior thereto or on credit. Cash shall mean means money or a bona fide check or money order. Any A holder of a retail permit who issues a check in payment for beer or wine with insufficient funds at the bank to cover it shall have violated the provision provisions of this section. This provision for cash payment shall apply to cash section applies to deposits on empties when beer is delivered in returnable containers. This deposit on bottles or draft beer containers shall be must not be less than the charge from the brewery to the wholesaler and in no event less than sixty cents per case of twenty-four twelve-ounce bottles or twelve one-quart bottles."

SECTION 3. Section 61-3-920 of the 1976 Code is amended to read:

"Section 61-3-920. Wholesale and retail Retail liquor dealers are hereby prohibited from selling alcoholic liquors on credit."

SECTION 4. This act takes effect upon approval by the Governor and applies with respect to agreements between a beer wholesaler and an importer executed on and after that date.