South Carolina General Assembly
110th Session, 1993-1994

Bill 3180


                    Current Status
Introducing Body:               House
Bill Number:                    3180
Ratification Number:            566
Act Number:                     445
Primary Sponsor:                Corning
Type of Legislation:            GB
Subject:                        Brewpubs, regulation of
Date Bill Passed both Bodies:   19940602
Computer Document Number:       NO5/8736BD.93
Governor's Action:              S
Date of Governor's Action:      19940616
Introduced Date:                19930119
Date of Last Amendment:         19940601
Last History Body:              ------
Last History Date:              19940616
Last History Type:              Act No. 445
Scope of Legislation:           Statewide
All Sponsors:                   Corning
                                Hallman
                                Rogers
                                Shissias
                                Scott
                                Klauber
                                Jaskwhich
                                Holt
                                R. Young
                                J. Bailey
                                Waites
                                Kelley
                                Graham
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3180   ------  19940616      Act No. 445
3180   ------  19940616      Signed by Governor
3180   ------  19940602      Ratified R 566
3180   House   19940602      Concurred in Senate
                             amendment, enrolled for
                             ratification
3180   Senate  19940602      Read third time, returned to
                             House with amendment
3180   Senate  19940601      Amended, read second time
3180   Senate  19940413      Committee Report: Favorable     11
                             with amendment
3180   Senate  19940125      Introduced, read first time,    11
                             referred to Committee
3180   House   19940120      Read third time, sent to
                             Senate
3180   House   19940119      Amended, read second time
3180   House   19930428      Objection by Representative          Cato
                                                                  Simrill
                                                                  Kirsh
                                                                  Meacham
                                                                  Moody-Lawrence
                                                                  Vaughn
                                                                  Trotter
                                                                  Fair
                                                                  Marchbanks
                                                                  Wells
                                                                  Worley
                                                                  Haskins
3180   House   19930421      Committee Report: Favorable     26
                             with amendment
3180   House   19930119      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.)

(A445, R566, H3180)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 9 OF TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS, AND PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Brewpubs

SECTION 1. Chapter 9, Title 61 of the 1976 Code is amended by adding:

"Article 12

Brewpubs

Section 61-9-1310. For purposes of this article:

(1) `Brewpub' means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two thousand barrels a year of beer for sale on the premises.

(2) `Permitted premises' means those areas normally used by the permittee or licensee to conduct his business and shall include, but are not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.

(3) `Person' means an individual, a partnership, a corporation, or other form of business organization.

Section 61-9-1320. The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.

Section 61-9-1330. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquor for consumption on the premises in sealed containers of two ounces or less requires an appropriate license which may be granted to the holder of a brewpub permit who meets all other qualifications for the license under this title.

Section 61-9-1340. Beer brewed on a permitted premise under this article is subject to be taxed as provided in Article 7 of Chapter 21 of Title 12. The permittee must maintain adequate records as determined by the department to ensure the collection of this tax by the department.

Section 61-9-1350. A brewpub permit authorizes the holder to:

(A) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:

(1) on draught for consumption on the premises;

(2) in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and

(3) in bottles for consumption by the purchaser off the premises.

(B) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-9-315.

(C) serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquor on the premises to be granted.

Section 61-9-1360. No person holding a brewpub permit issued by the department may sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other retail food establishments.

Section 61-9-1370. No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location.

Section 61-9-1380. The department and the division shall promulgate regulations necessary for the appropriate enforcement of this article.

Section 61-9-1390. The department may suspend or revoke the permit or license of a person who violates the provisions of this article."

Time effective

SECTION 2. This act takes effect July 1, 1994.

Approved the 16th day of June, 1994.