South Carolina General Assembly
109th Session, 1991-1992

Bill 3536


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3536
Primary Sponsor:                Corning
Type of Legislation:            GB
Subject:                        Brewpubs
Residing Body:                  House
Date Tabled:                    Jan 28, 1992
Computer Document Number:       BBM/9182.JM
Introduced Date:                Feb 19, 1991
Last History Body:              House
Last History Date:              Jan 28, 1992
Last History Type:              Tabled
Scope of Legislation:           Statewide
All Sponsors:                   Corning
Type of Legislation:            General Bill



History


 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 Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

May 8, 1991

H. 3536

Introduced by REP. Corning

S. Printed 5/8/91--H.

Read the first time February 19, 1991.

THE COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

To whom was referred a Bill (H. 3536), to amend Title 61, Code of Laws of South Carolina, 1976, relating to alcohol, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

THOMAS C. ALEXANDER, for Committee.

A BILL

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:

"CHAPTER 10

Brewpubs

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.

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