Current Status Introducing Body:House Bill Number:4357 Primary Sponsor:Waites Committee Number:26 Type of Legislation:GB Subject:Alcoholic beverages, notice requirements Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:NO5/8061.BD Introduced Date:Feb 05, 1992 Last History Body:House Last History Date:Feb 05, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Waites Cromer Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4357 House Feb 05, 1992 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTIONS 61-3-490 AND 61-9-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR A BEER OR WINE PERMIT AND AN ALCOHOLIC LIQUOR LICENSE, SO AS TO REVISE THE NOTICE REQUIREMENTS TO MAKE THEM UNIFORM BY REQUIRING ADVERTISEMENT ONCE A WEEK FOR THREE CONSECUTIVE WEEKS TO INTERESTED CITIZENS, REQUIRING THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO DETERMINE WHICH NEWSPAPERS MEET THE REQUIREMENTS, AND AUTHORIZING THE USE OF THE SAME ADVERTISEMENT FOR APPLICANTS FOR PERMITS AND LICENSES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-3-490 of the 1976 Code is amended to read:
"Section 61-3-490. (A) Every person intending to apply for any a license provided for under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall publish advertise at least once a week for three successive consecutive weeks in a newspaper published or having a general circulation in most likely to give notice to interested citizens of the county, city, or community wherein in which the person applicant proposes to engage in business, a notice of his intention to apply. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. The notice must be in large type and, cover a space one column wide and not less than two inches deep, and must state the type of license to be applied for and the exact location at which the proposed business is to be operated. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.
(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of license sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(e) be posted and removed by an agent of the commission."
SECTION 2. Section 61-9-320 of the 1976 Code is amended to read:
"Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless:
(1) The applicant, and any an agent, or an employee, or a servant of the applicant to be employed on the licensed premises, is are of good moral character;.
(2) The retail applicant is a citizen of this State for at least one year prior to before the date of application and has maintained therein his principal place of abode in South Carolina for at least one year prior to before the date of application;.
(3) The wholesale applicant is a citizen of this State for at least one year prior to before the date of application and has maintained therein his principal place of abode in South Carolina for at least one year prior to before the date of application, or has been previously licensed previously under the laws of this State;.
(4) The applicant has not, within two years prior to before the date of application, has not had revoked any a beer and or a wine permit issued to him;.
(5) The applicant is twenty-one years of age or over; older.
(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission a proper one; provided, that. The commission may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches, but. This proviso shall item does not apply to locations licensed prior to the before its effective date of this proviso;.
(7) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper of general circulation in the area where the most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business of the applicant is to be located at least thirty days prior to the granting of the permit. The commission shall determine which newspapers meet the requirements of this section. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.
(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) tell an interested person where to protest the application;
(c) be in bold type;
(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(e) be posted and removed by an agent of the commission."
SECTION 3. This act takes effect upon approval by the Governor.