Current Status Introducing Body:House Bill Number:3353 Primary Sponsor:Fair Committee Number:25 Type of Legislation:GB Subject:Alcoholic Beverage Control Commission, abolished Residing Body:House Current Committee:Judiciary Computer Document Number:NO5/8828BD.93 Introduced Date:19930202 Last History Body:House Last History Date:19930202 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Fair Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3353 House 19930202 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-100 SO AS TO PROVIDE FOR APPROVAL OF A NEW APPLICATION FOR A LICENSE OR PERMIT ISSUED UNDER TITLE 61 BY A LOCAL PLANNING COMMISSION, PROVIDE FOR LICENSE AND PERMIT RENEWAL, AND DEFINE LOCAL PLANNING COMMISSION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE AND FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITIONS UNDER WHICH LICENSES ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES, AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61, THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As of July 1, 1993:
(1) The South Carolina Alcoholic Beverage Control Commission ceases to exist as a separate agency or department of state government.
(2) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission concerning licensing and assessment of penalties for administrative violation of the law or regulations are transferred to the South Carolina Tax Commission.
(3) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission concerning law enforcement, regulation enforcement, and inspections are transferred to the State Law Enforcement Division.
(4) All records, files, office equipment, and other property of the South Carolina Alcoholic Beverage Control Commission devoted to the exercising of all powers and duties are apportioned between the South Carolina Tax Commission and the State Law Enforcement Division as determined by the State Budget and Control Board.
(5) All personnel engaged in the exercise of those powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission have priority for those positions necessary to perform those responsibilities transferred to the State Law Enforcement Division and the South Carolina Tax Commission. The positions available and salary paid for these positions must be determined by the State Budget and Control Board and must be necessary for the proper functioning of those responsibilities at the State Law Enforcement Division and the South Carolina Tax Commission.
(6) When the law enforcement personnel of the South Carolina Alcoholic Beverage Control Commission are transferred to the State Law Enforcement Division by the provisions of this act, they shall continue to meet those qualifications and criteria formerly applied to them at the South Carolina Alcoholic Beverage Control Commission but are not considered automatically to have been appointed State Law Enforcement Division agents under Article 3, Chapter 4, Title 12 of the 1976 Code of Laws unless further action is taken to accomplish the same by the Governor and the Chief.
(7) All fines, fees, forfeitures, or revenues imposed or secured by the Divisions of the South Carolina Alcoholic Beverage Control Commission must be transferred to the South Carolina Tax Commission or State Law Enforcement Division, depending on the nature of the fees and as dictated by the State Budget and Control Board and must continue to be used and expended for those purposes now provided by law. If a portion of these fines, fees, forfeitures, or revenues were required to be used for support, benefit, or expense of the licensing and law enforcement personnel, these funds must continue to be used for these purposes.
(8) The State Budget and Control Board, in consultation with the Chief of the South Carolina Law Enforcement Division and Chairman of the South Carolina Tax Commission shall prescribe the manner in which the provisions of this act must be implemented.
(9) A South Carolina Alcoholic Beverage Control Hearing Officer is established within the South Carolina Tax Commission to perform those adjudicatory functions previously under the purview of the South Carolina Alcoholic Beverage Control Commission.
(10) The terms of the members of the South Carolina Alcoholic Beverage Control Commission are terminated upon the effective date of this act.
SECTION 2. The 1976 Code is amended by adding:
"Section 61-1-100. (A) Before a new application for a license or permit issued under this title is approved and issued by the South Carolina Tax Commission, the application must be reviewed and approved by the local planning commission for the area in which the license or permit is effective.
(B) The review must include, but is not limited to, at least one public hearing on the application. The hearing must be held not less than after fifteen days notice of the application and time and place of the hearing in a newspaper having general circulation in the planning area and at the site of the proposed licensed or permitted establishment. The hearing must include, but is not limited to, testimony by a representative of the local planning commission, the chief law enforcement officer of the area, and the public. The local planning commission shall report its findings to the South Carolina Tax Commission and whether it approves or disapproves the application.
(C) The requirements of this section also apply to an application for renewal of a license or permit approved pursuant to this section.
(D) As used in this section, local planning commission means a municipal planning commission, a county planning commission, or a joint municipal-county planning commission."
SECTION 3. Section 61-1-10 of the 1976 Code is amended to read:
"Section 61-1-10. There is hereby created the South Carolina Alcoholic Beverage Control Commission, which shall consist of three members, to be appointed by the Governor for terms of six years in the same manner and under the same terms and conditions as the members of the South Carolina Tax Commission are appointed. Of the members first appointed, at least two shall be present members of the Tax Commission, whose terms may be extended so that of the initial members one shall serve for two years, one shall serve for four years and one shall serve for six years.
(A) The Governor shall appoint an Alcoholic Beverage Control Hearing Officer within the Tax Commission upon the advice and consent of the Senate for a term of six years. No person may serve more than two full six-year terms. The hearing officer must be paid by and located within the South Carolina Tax Commission which shall provide personnel and property from existing South Carolina Alcoholic Beverage Control Commission assets necessary to perform the duties as the hearing officer. The hearing officer serves at the pleasure of the Governor. The hearing officer must be an attorney admitted to the profession for at least five years and shall receive a salary of ninety percent of a circuit court judge. Vacancies must be filled in the same manner as the original appointment.
(B) The Alcoholic Beverage Control Hearing Officer may designate, if work requires, a temporary hearing officer, to hear those matters considered appropriate by the hearing officer. This temporary hearing officer must be retained for those limited purposes designated by the hearing officer at a per hourly rate approved by the Attorney General. The appointment of a temporary hearing officer also must be approved by the Chairman of the Tax Commission. This hearing officer must not be employed by the Tax Commission or by the agency bringing the enforcement action or have any connection with the preparation or presentation of evidence for the hearing for which he acts as a temporary hearing officer."
SECTION 4. Section 61-1-20 of the 1976 Code is amended to read:
"Section 61-1-20. The Governor shall designate one of the commissioners as chairman. In addition to other qualifications required of the chairman by this chapter, the Governor, in selecting the chairman, shall give consideration to prior service by a candidate for chairman as either a member of the Tax Commission or an employee of the Tax Commission, or the Governor may appoint anyone skilled in tax laws and administration. Duties of an Alcoholic Beverage Control Hearing Officer include:
(1) impose a monetary penalty as an alternate to revocation or suspension in all cases where the hearing officer has the authority to suspend or revoke a license or permit. The hearing officer also may suspend payment of the monetary penalty imposed;
(2) conduct hearings on protested applications;
(3) conduct hearings on contested violations;
(4) issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at hearings or before a law enforcement officer;
(5) administer oaths;
(6) authorize another person to hold and conduct hearings, issue subpoenas, and administer oaths and take testimony."
SECTION 5. Section 61-1-60 of the 1976 Code is amended to read:
"Section 61-1-60. In order to provide means for a more rigid enforcement of the laws and rules and regulations governing alcoholic beverages and beer and wine in the State, the South Carolina Law Enforcement Division, Division of Alcoholic Beverage Control Commission, is authorized to employ eleven investigators and other necessary administrative personnel who shall function under the control of the Commission State Law Enforcement Division. Salaries of all personnel shall be as are set by the Commission State Law Enforcement Division."
SECTION 6. Section 61-1-65 of the 1976 Code is amended to read:
"Section 61-1-65. No member or employee of the South Carolina Alcoholic Beverage Control Commission Law Enforcement Division, or licensing or adjudicatory positions within the South Carolina Tax Commission directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to any a person by blood or marriage within the second degree shall may:
(1) have any an interest in the manufacture of or dealing in alcoholic liquors or in any an enterprise or industry in which alcoholic liquors are required;
(2) receive any a commission or profit on the purchase or sale of alcoholic liquors by any a person;
(3) have any an interest in or mortgage or deed of trust on any land or a building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in any personal property used therein in the building."
SECTION 7. Section 61-1-70 of the 1976 Code is amended to read:
"Section 61-1-70. The South Carolina Alcoholic Beverage Control Commission Tax Commission is authorized to issue such rules and promulgate regulations as may be necessary to carry out the duties imposed upon the Commission it by law which, when duly promulgated, shall have the full force of law."
SECTION 8. Section 61-1-80 of the 1976 Code is amended to read:
"Section 61-1-80. The Alcoholic Beverage Control Commission Hearing Officer may impose a monetary penalty as an alternate to revocation or suspension in all cases where the Commission the hearing officer has the authority to suspend or revoke a license or permit. The Commission hearing officer in its discretion may also may suspend payment of the monetary penalty imposed."
SECTION 9. Section 61-1-90 of the 1976 Code is amended to read:
"Section 61-1-90. Any A decision of the Alcoholic Beverage Control Commission Hearing Officer revoking or suspending any a license or permit or imposing a monetary penalty in lieu thereof instead of revoking or suspending a license or permit may be appealed to the Court of Common Pleas for the county of the appellant's residence or for Richland County South Carolina Tax Commission. Any A monetary penalty imposed may be paid under protest. No appeal shall act acts as a supersedeas. Notice of such an appeal shall must be served on the Commission Tax Commission within ten days after receipt of notification of such a decision. The Commission Alcoholic Beverage Control Hearing Officer shall certify the written record to the court Tax Commission within thirty days after receiving the notice of appeal, and the factual issues shall must be determined on the record as on certiorari. Appeals from a decision of the Tax Commission must go to the Court of Common Pleas for the county of the appellant's residence or for Richland County."
SECTION 10. Section 61-1-95 of the 1976 Code is amended to read:
"Section 61-1-95. (A) A person shall promptly shall surrender a license or permit issued under the provisions of this title upon request of the commission Tax Commission. All licenses and permits are the property of the commission Tax Commission and are not transferable. All licenses and permits must be immediately surrendered immediately to the commission Tax Commission upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
(B) All licenses and permits must be issued for a designated location and may must not be transferred to any other another location. A separate license or permit is required for each separate location of a business.
(C) When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business or premises, nor a person within the third degree of kinship to the person to whom a license or permit has been issued, may be issued a license or permit for the premises concerned.
(D) A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other another location during the period the suspension or revocation is in effect, and the commission Alcoholic Beverage Control Hearing Officer, on behalf of the Tax Commission, may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."
SECTION 11. Section 61-3-20(5) of the 1976 Code is amended to read:
"(5) The word `Commission' shall mean means the South Carolina Alcoholic Beverage Control Tax Commission."
SECTION 12. All regulations promulgated by the Alcoholic Beverage Control Commission as of the effective date of this act remain in force until they are modified or rescinded by the Tax Commission.
SECTION 13. Sections 61-1-30, 61-1-40, 61-1-50, and 61-3-60 of the 1976 Code are repealed.
SECTION 14. The Code Commissioner shall change all references in the 1976 Code from Alcoholic Beverage Control Commission to Tax Commission or State Law Enforcement Division, where applicable.
SECTION 15. This act takes effect July 1, 1993.