Current Status Introducing Body:House Bill Number:4566 Primary Sponsor:McKay Committee Number:26 Type of Legislation:GB Subject:Alcoholic beverage license, temporary certificate Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:NO5/8202.BD Introduced Date:Mar 18, 1992 Last History Body:House Last History Date:Mar 18, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McKay Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4566 House Mar 18, 1992 Introduced, read first time, 26
referred to Committee
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TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE OF INTENTION TO APPLY FOR AN ALCOHOLIC LIQUOR LICENSE, SECTION 61-5-50, RELATING TO THE GRANTING OF A LICENSE, AND SECTION 61-9-320, RELATING TO THE QUALIFICATIONS FOR A BEER OR WINE PERMIT, SO AS TO PROVIDE FOR A TEMPORARY CERTIFICATE TO OPERATE UNTIL A LICENSE OR PERMIT IS ISSUED AND DELETE THE REFERENCE TO SERVANT IN SECTION 61-9-320.
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 A person intending to apply for any a license provided for under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, title shall publish at least once a week for three successive weeks in a newspaper published or having a general circulation in the county, city municipality, or community wherein in which the person proposes to engage in business, a notice of his intention to apply. 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.
(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a)(1) state the type of license sought;
(b)(2) tell an interested person where to protest the application;
(c)(3) be in bold type;
(d)(4) cover a space at least eleven inches wide and eight and one-half inches high; and
(e)(5) be posted and removed by an agent of the commission.
(C) The commission may issue a certificate to operate to a new applicant buying out an existing licensed business with a current license and currently operating. The certificate is valid for ninety days, until the permanent license is issued, or until canceled by the commission, whichever occurs first. The commission may cancel the certificate after ten days notice if it finds that the new applicant does not qualify for a permanent license or if the operator or his employees violate state law relating to alcoholic beverages or a regulation of the commission."
SECTION 2. Section 61-5-50 of the 1976 Code is amended to read:
"Section 61-5-50. (A) The commission may grant a license upon finding that:
(a)(1) The applicant is a bona fide nonprofit organization or that the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, both as described in Section 61-5-10;.
(b)(2) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community, and its principals are of good moral character;.
(c)(3) As to any business establishments or locations established after November 7, 1962, the provisions of Section 61-3-440 have has been complied with;.
(d)(4) Notice of application has appeared in a newspaper of general circulation in the area where the business of the applicant is to be located at least thirty days prior to the granting of before the license is granted; and
(e)(5) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(1)(a) state the type of license sought;
(2)(b) tell an interested person where to protest the application;
(3)(c) be in bold type;
(4)(d) cover a space at least eleven inches wide and eight and one-half inches high; and
(5)(e) be posted and removed by an agent of the commission.
(B) The commission may issue a certificate to operate to a new applicant buying out an existing licensed business with a current license and currently operating. The certificate is valid for ninety days, until the permanent license is issued, or until canceled by the commission, whichever occurs first. The commission may cancel the certificate after ten days notice if it finds that the new applicant does not qualify for a permanent license or if the operator or his employees violate state law relating to alcoholic beverages or a regulation of the commission."
SECTION 3. Section 61-9-320 of the 1976 Code is amended to read:
"Section 61-9-320. (A) No permit authorizing the sale of beer or wine may be issued unless:
(1) The applicant, and any agent or employee or servant of the applicant to be his agents and employees 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) A beer or wine permit issued to the applicant has not, been revoked within two years prior to before the date of application, had revoked any beer and 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. These considerations do not apply to locations licensed prior to permitted before the effective date of this proviso; item.
(7) Notice of application has appeared in a newspaper of general circulation in the area where the business of the applicant is to be located at least thirty days prior to the granting of before the permit is granted.
(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.
(B) The commission may issue a certificate to operate to a new applicant buying out an existing permitted business with a current permit and currently operating. The certificate is valid for ninety days, until the permanent permit is issued, or until canceled by the commission, whichever occurs first. The commission may cancel the certificate after ten days notice if it finds that the new applicant does not qualify for a permanent permit or if the operator or his employees violate state law relating to alcoholic beverages or a regulation of the commission."
SECTION 4. This act takes effect upon approval by the Governor.