Current Status Introducing Body:
HouseBill Number: 3536Primary Sponsor: CorningType of Legislation: GBSubject: BrewpubsResiding Body: HouseDate Tabled: Jan 28, 1992Computer Document Number: BBM/9182.JMIntroduced Date: Feb 19, 1991Last History Body: HouseLast History Date: Jan 28, 1992Last History Type: TabledScope of Legislation: StatewideAll Sponsors: CorningType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3536 House Jan 28, 1992 Tabled 3536 House Jan 16, 1992 Read second time 3536 House May 15, 1991 Objection by Representative 3536 House May 08, 1991 Committee Report: Favorable 26 3536 House Feb 19, 1991 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
May 8, 1991
S. Printed 5/8/91--H.
Read the first time February 19, 1991.
To whom was referred a Bill (H. 3536), to amend Title 61, Code of Laws of South Carolina, 1976, relating to alcohol, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
THOMAS C. ALEXANDER, for Committee.
TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING CHAPTER 10 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND LICENSING OF BREWPUBS, THE PROMULGATION OF REGULATIONS, INCLUDING FEES, AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 61 of the 1976 Code is amended by adding:
Section 61-10-10. For the purposes of this chapter, the following definitions apply:
(1) `This title' means Title 61 of the 1976 Code of Laws.
(2) `Brewpub' means a tavern, public house, restaurant, or hotel which produces on the premises, or on contiguous premises, a maximum of two thousand barrels a year of beer for sale on or off the premises.
(3) `Commission' means the South Carolina Alcoholic Beverage Control Commission.
(4) `Person' means a person, partnership, corporation, or other form of business organization.
(5) `Beer' means beer, ale, or other malt beverage as defined in this title.
Section 61-10-20. The commission may issue a brewpub license to a person to operate a brewpub in this State subject to the requirements of this chapter.
Section 61-10-30. The brewpub license provided for in this chapter is in lieu of any other license required for the manufacture of beer or sale of beer and wine, including, but not limited to, a brewer's license and retailer's license. Taxes applicable under this title or under any other provision of law to brewers and retailers apply to the holder of a brewpub license. Sales of liquor for consumption on the premises require an appropriate retailer's license which may be granted to the holder of a brewpub license who meets all other qualifications for the retailer's license.
Section 61-10-40. A brewpub license permits the holder to produce on the license premises, or on contiguous premises, a maximum of two thousand barrels a year of beer for sale on draught for consumption on the premises, or in a sanitary container brought to the premises by the purchaser and filled at the tap by the retailer at the time of sale, or in bottles for consumption by the purchaser off the premises, to sell the beer of a producer on the same conditions, and to sell wine for consumption on or off the premises.
Section 61-10-50. A brewpub licensee may serve food or otherwise be qualified as a bona fide public eating place, except as may be required by law to qualify for the consumption of liquor on the premises.
Section 61-10-60. No brewpub licensee may sell or ship the beer produced on the licensed premises for sale in any other location.
Section 61-10-70. The commission shall promulgate regulations for the appropriate enforcement of the provisions of this chapter, including regulations for fees and their amount.
Section 61-10-80. A person who violates the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one thousand dollars or by imprisonment not to exceed one year, or both. Additionally, a violation of the provisions of this chapter subjects the holder to the suspension of his license for not exceeding one year or to the permanent revocation of the license, in the discretion of the commission."
SECTION 2. This act takes effect July 1, 1992.