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Bill Number: 3338 Ratification Number: 767 Act Number 651 Introducing Body: House Subject: Prohibition against the sale of beer, wine, or alcoholic liquor for on-premises consumption on a two or more for the price of one basis
(A651, R767, H3338)
AN ACT TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE OR AT A PRICE LESS THAN ONE-HALF THE PRICE REGULARLY CHARGED, TO PROVIDE THAT THESE BEVERAGES MAY BE SOLD AT A PRICE LESS THAN THE REGULAR PRICE ONLY FROM FOUR P.M. UNTIL EIGHT P.M., AND TO PROVIDE CERTAIN EXCEPTIONS; AND TO AMEND SECTION 61-9-315, RELATING TO THE PROHIBITION AGAINST CERTAIN ACTIVITIES BY MANUFACTURERS, IMPORTERS, WHOLESALERS, AND RETAILERS OF BEER, SO AS TO PROVIDE FOR THE MANNER IN WHICH DISCOUNT OR SPECIAL PROMOTION PRICES MAY BE OFFERED.
Be it enacted by the General Assembly of the State of South Carolina:
Less than regular price sales
SECTION 1. Section 61-13-875 of the 1976 Code is amended to read:
"Section 61-13-875. No person who holds a permanent license or permit to sell beer, wine, or alcoholic liquor for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer, wine, or alcoholic liquor may be sold at a price less than the price regularly charged only from four o'clock p.m. until eight o'clock p.m. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to any fraternal organization in the course of its fund-raising activities, to any person attending a private function on any premises for which a permanent license or permit has been issued, or to any customer attending a function sponsored by the person who holds a permanent license or permit; provided, that not more than two functions may be sponsored each year, which must be authorized by the Alcoholic Beverage Control Commission. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 61-13-870."
SECTION 2. Section 61-9-315 of the 1976 Code, as last amended by Act 65 of 1987, is further amended by adding:
"(F) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases provided that all discounts must be on price only, must appear on the sales records, and must be available to all customers.
(G) No person or entity in the beer business on one tier may require any person or entity in such business on another tier to advertise or participate in a discount or special promotional."
SECTION 3. This act takes effect upon approval by the Governor.