South Carolina General Assembly
106th Session, 1985-1986

Bill 3241

                    Current Status

Bill Number:               3241
Ratification Number:       606
Act Number:                519
Introducing Body:          House
Subject:                   Relating to the offense of selling liquor
                           to a minor
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A519, R606, H3241)

AN ACT TO AMEND SECTION 61-13-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF SELLING LIQUOR TO A MINOR, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON ENGAGED IN THE SALE OF ALCOHOLIC LIQUORS TO KNOWINGLY SELL THE LIQUORS TO A PERSON UNDER THE AGE OF TWENTY-ONE, TO PROVIDE A PENALTY, AND TO PROVIDE THAT FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION; AND TO AMEND SECTION 61-9-40, AS AMENDED, RELATING TO THE UNLAWFUL SALE OF BEER, ALE, PORTER, WINE, OR OTHER SIMILAR MALT OR FERMENTED BEVERAGES TO A PERSON UNDER THE AGE OF TWENTY-ONE, SO AS TO MAKE IT UNLAWFUL TO SELL THESE BEVERAGES TO ANY PERSON UNDER THE AGE OF TWENTY AND EFFECTIVE SEPTEMBER 14, 1986, UNDER THE AGE OF TWENTY-ONE, AND REQUIRE THAT THE FAILURE OF ANY PERSON TO REQUIRE IDENTIFICATION TO VERIFY A PERSON'S AGE IS PRIMA FACIE EVIDENCE OF THE VIOLATION OF THIS SECTION.

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

Penalty

SECTION 1. Section 61-13-290 of the 1976 Code is amended to read:

"Section 61-13-290. (a) Any person engaged in the sale of alcoholic liquors who knowingly sells the liquors to a person under the age of twenty-one is guilty of a misdemeanor and must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(b) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section."

Penalty

SECTION 2. Section 61-9-40 of the 1976 Code, as last amended by Act 117 of 1985, is further amended to read:

"Section 61-9-40. (A) It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age. Any person making such unlawful sale must be upon conviction fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(B) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section."

Time effective

SECTION 3. This act shall take effect on the first day of the third month following approval by the Governor.