South Carolina General Assembly
110th Session, 1993-1994

Bill 3546

... part 21 of 22

Merit selection panel deleted

SECTION 1549. Section 58-3-20 of the 1976 Code is amended to read:

"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify. The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission."

Merit selection panel provisions deleted

SECTION 1550. Section 58-3-24 of the 1976 Code is amended to read:

"Section 58-3-24. After January 1, 1981, no member of the General Assembly shall be elected to the Public Service Commission while that person is serving in the General Assembly nor shall that person be elected to the Public Service Commission for a period of four years after he ceases to be a member of the General Assembly."

Election of Public Service Commissioners

SECTION 1551. Chapter 3 of Title 58 of the 1976 Code is amended by adding:

"Section 58-3-26. Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the Public Service Commission, a joint committee, composed of ten members, three of whom shall be members of the House of Representatives, three of whom shall be members of the Senate, two of whom shall be appointed by the President Pro Tempore of the Senate from the general public at-large, and two of whom appointed by the Speaker of the House of Representatives from the general public at-large shall be appointed to consider the qualifications of the candidates. Each body shall determine how its respective legislative members shall be selected. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem desirable. The joint committee shall conduct its screening pursuant to the provisions of Section 2-9-10 et seq. The members of the general public appointed by the Speaker and the President Pro Tempore must be representative of all citizens of this State, must not be members of the General Assembly, and must not be affiliated in any way with an entity regulated by the commission. In screening such persons for election to the Public Service Commission the joint committee shall seek to establish a commission which shall be broadly representative of the people of the State, men and women of ability and dedication with compassion and common sense. In screening persons for election to the Public Service Commission, the joint committee shall consider the knowledge and experience of the potential appointees in such varied fields as business, government, accounting, law, engineering, statistics, consumer affairs and finance. In making its findings the joint committee shall seek to find the best qualified people giving due consideration to their ability and integrity."

Name changed

SECTION 1552. Section 58-3-100 of the 1976 Code is amended to read:

"Section 58-3-100. The expenses of the Transportation Division of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630, registration fees derived pursuant to Section 58-23-640, and the portion of the fuel stamp fees allocated to the Public Service Commission by the Department of Revenue and Taxation. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State. Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, and electric utilities as defined in Section 58-27-10 under the commission's jurisdiction. On or before the first day of October in each year, the Department of Revenue and Taxation shall assess each utility company and railway company its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made. The assessments must be charged against the companies by the Department of Revenue and Taxation and collected by the Department of Revenue and Taxation in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue and Taxation's actual incremental increase in the cost of administration into the State Treasury as other taxes collected by the Department of Revenue and Taxation for the State. The Public Service Commission shall certify to the South Carolina Department of Revenue and Taxation annually on or before August first the amounts to be assessed."

Reference revised

SECTION 1553. Section 58-12-130(A) of the 1976 Code is amended to read:

"(A) The Department of Transportation may issue a general continuing permit to each cable television company operating in this State. Upon the reporting by the company of a proposed extension of its cable subject to this chapter and approval of the extension by the department, the permit applies to each extension. This authorization eliminates the necessity of the issuance of a permit for each extension."

Reference revised

SECTION 1554. Section 58-15-1625 of the 1976 Code is amended to read:

"Section 58-15-1625. Notwithstanding any other provision of law, the Department of Transportation may order legally closed and abolished as a public way, within the limits of a railroad right-of-way, a grade crossing then in existence at the time the department assumes jurisdiction of the matter, upon a finding that the enhancement of public safety resulting from such closing outweighs any inconvenience caused by increased circuitry of highway routes. This order by the department may be issued either in connection with, or independent of, an order relating to automatic train-activated warning signals. The authority of the department legally to close and abolish grade crossings is in addition to authority granted by law to other state agencies or to local units of government to close and abolish grade crossings. Upon the issuance of the order by the department, the railroad or railroads involved shall physically remove the crossing from the tracks, and the governmental unit maintaining the highway shall remove or barricade the approaches to the crossing."

Reference revised

SECTION 1555. Section 58-15-1650 of the 1976 Code is amended to read:

"Section 58-15-1650. The railroad company involved may select the material to be used in the construction of the grade separation structure, provided such material shall not be less durable than creosoted timber of a quality at least equal to that required by the standard specifications of the Department of Transportation for its own bridge work."

Reference revised

SECTION 1556. Section 58-15-1680 of the 1976 Code is amended to read:

"Section 58-15-1680. Underpasses or overhead bridges constructed in accordance with this article shall meet the specifications of the Department of Transportation."

Reference revised

SECTION 1557. Section 58-15-1910 of the 1976 Code is amended to read:

"Section 58-15-1910. The Department of Transportation shall cooperate with any railroad company operating lines in the State in effecting necessary reconstruction, changes or alterations in grade separation structures on state highways where the tracks of such company cross such highways."

Reference revised

SECTION 1558. Section 58-15-1920 of the 1976 Code is amended to read:

"Section 58-15-1920. The necessity for any such reconstruction, changes or alterations shall be determined by the Department of Transportation and made in accordance with plans adopted by the department. But any railroad company concerned shall be given at least ten days' notice before any such work is initiated by the department and shall be permitted by the department to offer suggestions and counsel as to the proposed reconstruction, changes or alteration."

Reference revised

SECTION 1559. Section 58-15-1930 of the 1976 Code is amended to read:

"Section 58-15-1930. The cost of effecting any reconstruction, changes or alterations as contemplated in Sections 58-15-1910 and 58-15-1920, including the grade separation structure and its approaches for a distance of five hundred feet, if so much be necessary, measured from the center line in each direction along the highway, but not including the pavement or wearing surface for either the structure or its approaches, shall be borne sixty per cent by the Department of Transportation and forty per cent by the railroad company concerned and, in case of failure on the part of any such company to furnish its pro rata share of the necessary funds for paying the cost of any such reconstruction, changes or alterations, the Department of Transportation may, after thirty days' notice, proceed with the work and collect from the railroad company concerned a proper pro rata share of the cost on the basis established by Sections 58-15-1910 to 58-15-1950."

Reference revised

SECTION 1560. Section 58-15-1940 of the 1976 Code is amended to read:

"Section 58-15-1940. This article shall apply to all cases where grade separation structures on state highways across railroads are, in the judgment of the Department of Transportation, for any reason inadequate for the traffic on the highway, but shall not apply to grade crossings. This article shall not be construed as relieving any railway company from any obligation or duty now borne by or resting upon such company in connection with any grade separation structure."

References revised

SECTION 1561. Section 58-15-1950 of the 1976 Code is amended to read:

"Section 58-15-1950. Any railroad company affected by any decision or action of the Department of Transportation made or initiated pursuant to the provisions of this article may appeal to the Supreme Court in its original jurisdiction for a review of the department's findings as to either the necessity for the proposed reconstruction, changes or alterations or determinations relating to divisions of costs. The appeal, however, shall not operate as a stay to prevent the department from proceeding with the work after notice, as provided in Section 58-15-1930, unless so ordered specifically by the court or some member thereof, after prima facie showing that the appellant's property, or the use thereof, after the completion of the proposed reconstruction, changes or alterations would be definitely impaired and rendered less suitable for its intended purposes. But in case of any stay order by the court, or some member thereof, on the appellant's showing and the subsequent finding by the court that such injury would result from the proposed reconstruction, changes or alterations to the appellant's property, or the use thereof, the appellant shall be held liable for any damages or losses sustained by the Department of Transportation incident to, occasioned or brought about by the delay pending the appeal."

References revised

SECTION 1562. Section 58-15-2120 of the 1976 Code is amended to read:

"Section 58-15-2120. In case of grade crossings of state highways over such railroads, the Department of Transportation, after due notice to the railroad, corporation or operator, and hearing the railroad, or operator, involved, if application is made for such a hearing within ten days after receipt of the notice, and after finding that the public safety, convenience or necessity require it, shall have the power to specify the character of the grade crossings, and the operator of the railroad shall, at its own expense, construct and maintain the crossings to meet the specifications of the Department of Transportation; provided, however, that the power to specify the character of grade crossings granted in this section shall not extend beyond five feet on either side of the center line of the track; provided, further, that the Department of Transportation shall have the power, in matters relating to such grade crossings, now pending or hereafter arising, to enter into such agreements with operators of railroads pertaining to the construction thereof as in its judgment may be to the best interest of the State, and to agree to pave the area across the tracks after the area is otherwise prepared for paving by the operator of the railroad. The Department of Transportation, with the advice and consent of the Attorney General, may waive any and all claims for penalties now existing, upon entry into such agreements."

Reference revised

SECTION 1563. Section 58-15-2130 of the 1976 Code is amended to read:

"Section 58-15-2130. Any person or corporation failing to comply with the provisions of this article, after a hearing, if one is applied for as set out in Section 58-15-2120, and after having been notified in writing of the decision of the proper authorities that the crossing is required by public safety, convenience and necessity, and after the lapse of thirty days from the date of such notice, shall, upon conviction, be fined ten dollars per day for each day's delay in furnishing any crossing as required hereby. The Department of Transportation shall make a complaint to any court of competent jurisdiction within the county where the offense is committed, and shall furnish evidence before such court whenever a violation of this article may occur."

References revised

SECTION 1564. Section 58-17-1450 of the 1976 Code is amended to read:

"Section 58-17-1450. All railroad crossings on public highways must be inspected for conditions which unsafely obstruct a motorist's view of approaching trains, for the presence of crossbucks prescribed by Section 58-17-1390, and for the presence of stop signs authorized by law to be placed at railroad crossings. The Department of Transportation hereinafter referred to as the department, is responsible for inspecting railroad crossings on state maintained highways, the governing body of each county is responsible for inspecting railroad crossings on county maintained roads, and the governing body of each municipality is responsible for inspecting railroad crossings on road and street rights-of-way maintained by municipalities. The department shall inform counties and municipalities of the railroad crossings they are responsible for inspecting. By January 1, 1989, the governing body of each county and municipality must notify the department of the office and public official to whom the governing body has assigned responsibility for performing the inspections. If the person inspecting a railroad crossing finds that the required crossbucks are not in place, properly in place or maintained, or finds that a motorist's view of approaching trains is unsafely obstructed by vegetation, growth, or objects not permanently affixed to realty which are within the right-of-way of the railway, the person inspecting the crossing must immediately notify the Deputy Director of Engineering within the Department of Transportation of the hazard. The notice must identify the crossing and describe the hazard. The inspector in the notice shall also inform the State Highway Engineer whether or not there is a stop sign at the crossing and, if not, whether or not in his opinion one should be added. Upon receipt of notice from the person inspecting the crossing, the department must give written notice of the hazard immediately by certified mail to any officer or registered agent of the railroad within the State. Notice from the department shall direct the railroad to cut or remove the vegetation, growth, and objects not permanently affixed to realty that are obstructing a motorist's view or to erect, maintain, or properly situate crossbucks. The department must also notify the governing body of any county or municipality which maintains the highways or roadways at the crossing that the inspector stated in his opinion that a stop sign should be added at the crossing. Removal and elimination of obstructions must be made by the responsible railroad within sixty days of receipt of notification from the department. Measures to assure that crossbucks are properly in place and maintained must be taken by the responsible railroad within thirty days of receipt of notification from the department; however, if crossbucks are not present or have been removed, then the railroad has ten days from the notification to erect new crossbucks. Failure of the railroad company to remove or eliminate the obstruction within the railroad's right-of-way and to erect or properly place and maintain crossbucks within the specified time period subjects the railroad company to a civil penalty of not less than one hundred dollars nor more than five hundred dollars. The railroad company is subject to an additional civil penalty of one hundred dollars a day for each day obstructions remain after the specified period and for each day crossbucks are not erected or properly placed and maintained after the specified period. The person initially inspecting the railroad crossing is responsible for inspecting the crossing at appropriate intervals after notice to the railroad of the hazard to determine if obstructions have been eliminated and crossbucks properly placed and serviced within the period allowed before civil penalties may be assessed. If the person inspecting the railroad crossing finds that a motorist's view of approaching trains is obstructed by vegetation, growth, or objects not permanently affixed to realty that lie outside the right-of-way of the railroad but within right-of-way of highways and roads maintained by the State, county, or municipality, the person inspecting the railroad crossing must immediately give written notice of the hazard to the appropriate department of the State, county, or municipality, upon whose right-of-way the obstruction exists. If the obstruction is on the right-of-way maintained by a county or municipality, the person inspecting the crossing must also give immediate written notice of the hazard to the Deputy Director of Engineering within the Department of Transportation. The department, counties, and municipalities have sixty days from issuance of the written notice by the person inspecting the crossing to eliminate the obstructions within their respective rights-of-way. The person initially inspecting the railroad crossing is responsible for inspecting the crossing after notice of the hazard has been given and reporting to the department the date upon which obstructions are eliminated. If counties or municipalities do not eliminate the obstructions within sixty days of receipt of notification, the department must remove or eliminate the obstructions. Counties and municipalities must reimburse the Department of Transportation for the department's cost in eliminating the obstructions. If the person inspecting the railroad crossing finds that motorists' view of approaching trains is obstructed by vegetation, growth, or objects not permanently affixed to realty that lie on private property outside the right-of-way of the railroad and outside the highway or road right-of-way of the State, county, or municipality, he must immediately give written notice of the hazard to the owner of the property and to the appropriate agency of the State, county, or municipality which maintains that highway or roadway. The owner of the property has sixty days after receipt of the notice to eliminate the obstructions and the inspector shall reinspect the crossing after this sixty-day period has expired to determine if the obstructions have been eliminated. By January first of each year, counties and municipalities must report all railroad crossings that were inspected during the preceding year and at which no obstructions were found to the department. The department must make an annual report of inspections conducted during the preceding year. The annual report must be provided to the Senate Transportation Committee and the Education and Public Works Committee of the House of Representatives."

Reference revised

SECTION 1565. Section 58-23-1220 of the 1976 Code is amended to read:

"Section 58-23-1220. Before the issuance of any such license card or plate, the owner of the taxi shall procure and file with the governing body of the county a liability insurance policy, together with a receipt showing the payment of the premium therefor, issued by a good and responsible insurance company to be approved by the governing body of the county, the company being one authorized to do business in this State and in possession of a certificate issued by the Department of Insurance. The amount of such liability insurance for each car shall be as follows: An amount not less than five thousand dollars for personal injury and an amount not less than one thousand dollars for property damage in any one accident. Such policy of insurance may be in the form of a separate policy for each taxi or may be in the form of a fleet policy covering all taxis operated by such owner if such policy shall provide for the same amount of liability for each taxi operated. A stipulation shall be made providing that no such policy above required may be canceled until the expiration of five days after notice of intended cancellation has been given in writing to the governing body of the county by registered mail or personal delivery of such notice."

Reference revised

SECTION 1566. Section 58-25-80 of the 1976 Code is amended to read:

"Section 58-25-80. Each authority established, including any formed under Chapter 25 of Title 58 of the 1976 Code prior to the effective date of this chapter, exists for nonprofit and public purposes and is a public agency, and it is found and declared that the carrying out of the purpose of each authority is exclusively for public benefit and its property is public property. No authority shall pay any state or local ad valorem, income, sales, fuel, excise, or other use taxes or other taxes from which municipalities and counties are exempt. The South Carolina Department of Revenue and Taxation is responsible for promulgating regulations necessary to effect fully this provision for tax exemption. The authority or operator providing public transportation on behalf of an authority may participate in the State Retirement System and utilize the services of the State Purchasing Department of the Division of General Services and any other joint activity of the State carried on for the benefit of state agencies and political subdivisions of the State. Operators providing public transportation on behalf of an authority shall not pay state and local fuel taxes from which municipalities and counties are exempt."

Citations changed

SECTION 1567. Section 58-27-690 of the 1976 Code, as last amended by Section 57 of Act No. 173 of 1987, is further amended to read:

"Section 58-27-690. Nothing in Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 50-19-1320, 51-1-560, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 13-1-1330, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, 59-123-90 shall modify, abridge, or repeal Sections 58-27-650, 58-27-670, 58-27-680, 58-27-1280, or 58-27-1360."

References revised

SECTION 1568. Section 58-33-140 of the 1976 Code is amended to read:

"Section 58-33-140. (1) The parties to a certification proceeding shall include: (a) The applicant. (b) The Department of Health and Environmental Control, the Department of Natural Resources, and the Department of Parks, Recreation and Tourism. (c) Each municipality and government agency entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120 if it has filed with the commission a notice of intervention as a party within thirty days after the date it was served with a copy of the application. (d) Any person residing in a municipality entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120, any domestic nonprofit organization, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interest, to represent commercial and industrial groups, or to promote the orderly development of the area in which the facility is to be located; or any other person, if such a person or organization has petitioned the commission for leave to intervene as a party, within thirty days after the date given in the published notice as the date for filing the application, and if the petition has been granted by the commission for good cause shown. (2) Any person may make a limited appearance in the sixty days after the date given in the published notice as the date for filing the application. No person making a limited appearance shall be a party or shall have the right to present oral testimony or argument or cross-examine witnesses. (3) The commission may, in extraordinary circumstances for good cause shown, and giving consideration to the need for timely start of construction of the facility, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person or organization which is identified in paragraphs (b) or (c) of subsection (1) of this section, but which failed to file a timely notice of intervention or petition for leave to intervene, as the case may be."

References revised

SECTION 1569. Section 58-35-50 of the 1976 Code is amended to read:

"Section 58-35-50. Excavation is exempt from the provisions of this chapter under the following conditions: (a) When conducted after individual contacts with public utilities or after joint preconstruction conferences with public utilities and the person proposing the excavation or demolition has a statement in writing from all public utilities operating in the area that the proposed activity was reviewed and notification provided; or (b) When the Department of Transportation or a public utility is carrying out excavation or demolition entirely on and within an easement or right-of-way owned and controlled or controlled by that public utility or department and where no other public utility's facilities have been permitted, are existing, or are likely to exist; or (c) When a landowner installs or has installed facilities for his own purposes and under his direction on his own land provided: (1) he or his authorized representative has general knowledge of the location of underground utilities on his lands; and (2) the work location is remote from these utilities or facilities of a public utility serving the landowner or others. (d) In those localities or communities and within recognized boundaries, the Department of Transportation and public utilities are exempt if they (1) are doing minor excavations such as for replacing or setting one or two poles, digging test holes, handholes, normal roadway maintenance, or similar minor excavations, and (2) there is a local agreement between public utilities and the Department of Transportation which includes notification before excavation or demolition."

Name changed

SECTION 1570. Section 59-20-20(3) of the 1976 Code is amended to read:

"(3) [Until Education Finance Act allocations for Fiscal Year 1991-1992, item (3) will read as follows:] `Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12. The county auditor shall provide to the Department of Revenue and Taxation the assessed value of property in each of the school districts of the county not later than February first of each year. The index must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts must be adjusted in the final payment for the state fiscal year. If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(d) of P. L. 81-874, the Department of Revenue and Taxation shall exclude an imputed value of impact aid receipts from the index of taxpaying ability. The final index must be determined annually by the Department of Revenue and Taxation on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 for assessed property within a school district. The sales ratio data utilized must be based on annual ratio studies made within the previous two calendar years. The Department of Revenue and Taxation shall provide a preliminary index to the State Department of Education not later than March first, and the State Department of Education shall provide information contained in the index to school districts not later than March fifteenth. Not later than May first, the Department of Revenue and Taxation shall provide the final index to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. The final index may not be changed during the applicable school year. Changes and corrections occurring during the year must be reflected in the index for the following year. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue and Taxation shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue and Taxation to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue and Taxation for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue and Taxation for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue and Taxation shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue and Taxation. In determining sales to assessment ratio, the Department of Revenue and Taxation shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue and Taxation shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue and Taxation. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditor under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value. [Effective beginning with Education Finance Act allocations for Fiscal Year 1991-1992, item (3) will read as follows:] `Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second completed taxable year preceding the fiscal year in which the index is used. The county auditor shall provide to the Department of Revenue and Taxation the assessed value of property in each of the school districts of the county not later than February first of each year. The index must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts must be adjusted in the final payment for the state fiscal year. If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(D) of P. L. 81-874, the Department of Revenue and Taxation shall exclude an imputed value of impact aid receipts from the index of taxpaying ability. The index must be determined annually by the Department of Revenue and Taxation on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 for assessed property within a school district. The sales ratio data utilized must be based on annual ratio studies made within the previous two calendar years. The Department of Revenue and Taxation shall provide the index not later than March first to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before March first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue and Taxation shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue and Taxation to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue and Taxation for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue and Taxation for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue and Taxation shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue and Taxation. In determining sales to assessment ratio, the Department of Revenue and Taxation shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue and Taxation shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue and Taxation. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."

Name changed

SECTION 1571. Section 59-53-10 of the 1976 Code is amended to read:

"Section 59-53-10. There is hereby created the State Board for Technical and Comprehensive Education (Board) as a continuing body and agency and instrumentality of the State. The board shall consist of ten members, appointed by the Governor for terms of six years and until successors are appointed and qualify. One member must be appointed from each congressional district, with the advice and consent of the legislative delegations of the congressional district involved, and be a resident thereof. There must be four at-large members appointed by the Governor, one of whom must be experienced in the policy development of secondary vocational education and adult basic and adult secondary education and one of whom must be experienced in the policy development of federal job training programs. The initial terms of office of board members representing congressional districts are for a period of years corresponding to the numerical designation of their respective districts. The initial terms of office of the first at-large members of the board are for three and six years determined by lot and the initial term of the at-large member experienced in the policy development of secondary vocational education and adult basic and adult secondary education is three years and the initial term of the at-large member experienced in the policy development of federal job training programs is six years. In addition, the State Superintendent of Education and the Director of the Department of Commerce shall serve as ex officio members of the board. The chairman must be elected by the board. In case a vacancy shall occur a member must be appointed in the same manner for the remainder of the unexpired term. The board shall enter into contracts and make regulations, including policies and guidelines, as considered necessary to fulfill the intent of Sections 59-5-61, 59-43-20, 59-53-10, 59-53-20, 59-53-40, 59-53-50, 59-53-57, 59-54-10 through 59-54-60, subject to the approval of the General Assembly."

Reference revised

SECTION 1572. Section 59-53-420(14) of the 1976 Code is amended to read:

"(14) To exercise the power of eminent domain in the manner provided by the general laws of this State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any manner provided by law, as the council may, in its discretion, elect, including the procedure provided by Chapter 5, Title 28 (Sections 28-5-10 to 28-5-390)."

Reference revised

SECTION 1573. Section 59-53-2050 of the 1976 Code is amended to read:

"Section 59-53-2050. A person may apply for a reduction in motorcycle insurance rates under the jurisdiction of the Department of Insurance upon proof of satisfactory completion of the program."

Name changed

SECTION 1574. Section 59-54-40 of the 1976 Code is amended to read:

"Section 59-54-40. (A) An area occupational training advisory committee is created for each of the service areas presently established by the State Board for Technical and Comprehensive Education for the various technical colleges. The purpose of the Area Occupational Training Advisory Committee is to increase coordination, articulation, and effectiveness among the various vocational, technical, occupational, and adult education and economic development programs in that area. (B) Each area occupational training advisory committee will have the responsibility of assuring that each area technical college commission and appropriate local school boards shall enter into memoranda of agreement that will demonstrate the following: (1) cooperation between the technical college and the vocational school in the planning and delivery of adult vocational education; (2) articulation of secondary vocational courses to post-secondary courses in the curricula of the technical college; (3) coordination among local boards with other local community agencies, literacy councils, private and nonprofit groups in planning and delivering adult basic education, adult secondary education, and literacy programs. (C) The membership of each area occupational training advisory committee is as follows: (1) two private sector representatives from the area technical college commission appointed by the State Board for Technical and Comprehensive Education; (2) two professional representatives from the area technical college appointed by the State Board for Technical and Comprehensive Education; (3) one private sector representative from the governing or advisory board for vocation education programs in the area appointed by the State Board of Education; (4) one faculty member or administrator for vocational education programs in the area, appointed by the State Board of Education; (5) two school superintendents in the area, appointed by the State Board of Education; (6) two private sector representatives from the area appointed by the Director of the Department of Commerce; (7) two private sector representatives from the area appointed by the Governor. (D) With the joint approval of the State Board for Technical and Comprehensive Education, the State Board of Education, and the Director of the Department of Commerce, an area occupational job training advisory committee may expand its membership in the manner approved by these boards or councils in order to respond to particular local needs. (E) Each advisory committee shall elect a chairman and such other officers as they consider necessary, the chairman to be elected from among the private sector representatives on the committee. Each committee must meet within ninety days following the effective date of this chapter and the Governor's Office working through the state technical education system and the Department of Education shall convene the first meeting. (F) Committee and staff expenses must be paid by the technical college within the service area. (G) Vacancies on each advisory committee must be filled by appointment in the same manner of original appointment. (H) The members of each area advisory committee so appointed shall serve until the advisory committee is dissolved as provided in this section. (I) Each area occupational advisory committee must prepare a written report analyzing the cooperation, articulation, and coordination achieved in the memoranda of agreement between technical college commissions and local school boards. The written report must be completed and provided to the State Occupational Training Advisory Committee, the State Board of Education, the State Board for Technical and Comprehensive Education and the affected technical college commission and local school board within sixty days after the execution of the memoranda of agreement. The written report shall contain minority or dissenting views of members of the area occupational advisory committee, if any. (J) The area occupational advisory committees herein established are dissolved two years after the effective date of this chapter."

Reference revised

SECTION 1575. Section 59-67-20 of the 1976 Code is amended to read:

"Section 59-67-20. The State Board of Education, by and with the advice of the Department of Public Safety, shall adopt and enforce regulations not inconsistent with Chapter 5 of Title 56 to govern the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this State and such regulations shall by reference be made a part of any such contract with a school district. Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to such regulations. Any officer or employee of any school district who violates any of such regulations or fails to include the obligation to comply with such regulations in any contract executed by him on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment. Any person operating a school bus under contract with a school district who fails to comply with any such regulations shall be guilty of breach of contract and such contract shall be canceled after notice and hearing by the responsible officers of such school district."

Reference revised

SECTION 1576. Section 59-67-260 of the 1976 Code is amended to read:

"Section 59-67-260. The Department of Public Safety shall have the operation of school buses spot checked periodically and report all infractions of the laws or misconduct of any kind on the part of the drivers to the chairman of the board of trustees of the school that may be affected thereby."

References revised

SECTION 1577. Section 59-67-540 of the 1976 Code is amended to read:

"Section 59-67-540. The Department of Transportation shall be responsible for providing all supplies required for the operation of state-owned school buses and for maintaining them in efficient and safe mechanical condition. The department shall be reimbursed periodically by the State Board of Education for expenditures incident to the operation and maintenance of buses, but no charge by, or reimbursement to, the Department of Transportation shall be made except to cover direct and additional expenses incurred by the department on account of the performance of this service. Provided, however, that the Board of Education shall have authority to establish and operate maintenance and supply stations, on an experimental or permanent basis, if it should be determined to be of advantage to the State, and in connection therewith to acquire real property by purchase or lease."

References revised

SECTION 1578. Section 59-67-570 of the 1976 Code is amended to read:

"Section 59-67-570. The State Board of Education may adopt such rules and regulations as may be necessary to carry out the intent and purposes of this article. Such rules and regulations shall have the full force and effect of law. But rules and regulations that affect the functions of the Department of Public Safety under this article or the operation of buses on the highways shall be adopted only jointly with the Department of Public Safety."

Reference revised

SECTION 1579. Section 59-117-90 of the 1976 Code is amended to read:

"Section 59-117-90. The University of South Carolina is authorized to close any public road or street which is bordered on two sides by property now owned by the University or hereafter acquired by it. Provided, that no road or street shall be closed which is situated within the corporate limits of the city of Columbia without concurrence of the governing body of the city. Provided, further, that no section of the state highway system shall be closed without concurrence of the Department of Transportation."

Reference revised

SECTION 1580. Section 59-137-50 (B) of the 1976 Code is amended to read:

"(B) The state agencies with responsibility under subsection (A) are the Department of Disabilities and Special Needs, the School for the Deaf and the Blind, the Commission for the Blind, the Department of Health and Environmental Control, the Department of Mental Health, and the State Department of Social Services."

Duties and functions transferred

SECTION 1581. As of July 1, 1993: (1) 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 Department of Revenue and Taxation. (2) 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 South Carolina Law Enforcement Division. (3) When the law enforcement personnel of the South Carolina Alcoholic Beverage Control Commission are transferred to the South Carolina Law Enforcement Division by the provisions of this act, they must continue to meet those qualifications and criteria as formerly applied to them at the South Carolina Alcoholic Beverage Control Commission but are not automatically considered to have been appointed South Carolina Law Enforcement Division agents under Article 3, Chapter 4, Title 12 of the 1976 Code unless further action is taken to accomplish the same by the Governor and the Chief of the South Carolina Law Enforcement Division. (4) All fines, fees, forfeitures, or revenues imposed or secured by the divisions of the South Carolina Alcoholic Beverage Control Commission shall be transferred to the South Carolina Department of Revenue and Taxation or the South Carolina 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 previously required to be used for the support, benefit, or expense of the licensing and law enforcement personnel, these funds must continue to be used for these purposes. (5) The terms of the members of the South Carolina Alcoholic Beverage Control Commission are terminated upon the effective date of this act."

Alcoholic beverage, beer and wine regulations

SECTION 1582. Chapter 1, Title 61 of the 1976 Code is amended to read:

"CHAPTER 1 General Provisions

Section 61-1-10. (A) As used in Title 61, unless the context clearly requires otherwise: (1) `Department' means the South Carolina Department of Revenue and Taxation. (2) `Commission' means the three-member governing body of the Department of Revenue and Taxation. (3) `Division' means the South Carolina Law Enforcement Division. (4) `Hearing officer' means an Alcoholic Beverage Control Hearing Officer. (B) From July 1, 1993 until February 28, 1994, the commissioners of the Department of Revenue and Taxation, in consultation with the South Carolina Attorney General, shall appoint attorneys who are qualified to act as alcoholic beverage control hearing officers, by reason of training, education, experience, or knowledge of the law. In order to be considered qualified to act as a hearing officer, a person: (1) must be licensed to practice law in this State; (2) must have been licensed to practice law for at least three years; (3) must have knowledge of and experience with the South Carolina Administrative Procedures Act; (4) must have knowledge of and experience with the laws and regulations governing alcoholic beverages, beer, and wine; (5) must have trial experience; (6) must meet other qualifications the department and the Attorney General determines reasonably necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine. (C) A hearing officer may not perform any duties or exercise any authority on matters involving the laws and regulations governing alcoholic beverages, beer, and wine for a premises that is located in the county in which the hearing officer resides or maintains his law office or offices. (D) Hearing officers must be paid an hourly rate approved by the department and must be reimbursed for actual and reasonable travel expenses incurred in the performance of their duties as hearing officers.

Section 61-1-20. (A) Alcoholic Beverage Control Hearing Officers have the following duties: (1) to hold and conduct hearings on protested applications and renewals; (2) to hold and conduct hearings on contested violations; (3) to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at hearings or before any law enforcement officer; (4) to administer oaths; (5) to take testimony; and (6) to prepare and issue orders to the parties involved within ten business days of the completion of the hearing. (B) Alcoholic Beverage Control Hearing Officers are authorized: (1) to suspend or revoke licenses and permits on behalf of the department in all cases where the department is authorized by the laws and regulations governing alcoholic beverages, beer, and wine to suspend or revoke licenses and permits; (2) to impose a monetary penalty as an alternate to revocation or suspension on behalf of the department in all cases where the department has the authority to suspend or revoke a license or permit; (3) to suspend payment of any monetary penalty that has been imposed instead of revocation or suspension of a license or permit on behalf of the department in all cases where the department has the authority to do so; and (4) to perform all adjudicatory functions of the department relating to the laws and regulations governing alcoholic beverages, beer, and wine.

Section 61-1-25. Hearings conducted by a South Carolina Beverage Control Hearing Officer on protested applications, contested renewals, and contested violations must be held in one or more central locations approved by the department within the congressional district in which the premises is located for which the license, permit, renewal or violation is being protested or contested.

Section 61-1-30. In all cases in which the department has the authority to revoke or suspend a license or permit, impose a monetary penalty instead of revoking or suspending a license or permit, suspend payment of a monetary penalty imposed, or perform other adjudicatory functions relating to the laws and regulations governing alcoholic beverages, beer, and wine, this authority shall be exercised through the Alcoholic Beverage Control Hearing Officers. All duties performed and authority exercised by the hearing officers are considered to be performed and exercised by and on behalf of the South Carolina Department of Revenue and Taxation. This does not delete or supersede the requirement that any appeal of a decision made by a hearing officer must be made to the department.

Section 61-1-40. Any decision of an Alcoholic Beverage Control Hearing Officer revoking or suspending a license or permit, imposing a monetary penalty instead of revoking or suspending a license or permit, suspending payment of a monetary penalty imposed, or made pursuant to performing an adjudicatory function, may be appealed to the South Carolina Department of Revenue and Taxation. Notice of such appeal must be served on the department within ten days after receipt of notification of a decision. If an appeal is made to the department, the department shall review the decision of the hearing officer and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the decision. In reviewing such appeal, the department may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at such hearings. The department may administer oaths and take testimony thereunder. A decision of the hearing officer, if not reviewed in due time, or a decision of the department upon such review is conclusive and binding as to all questions of fact. An appeal from a decision of the department or an appeal of errors of law made by the department may be made within thirty days after receipt of notification of a decision to the court of common pleas for the county of the appellant's residence under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law. Any monetary penalty imposed by the hearing officer, department, or court may be paid under protest. No appeal acts as a supersedeas.

Section 61-1-50. If an Alcoholic Beverage Control Hearing Officer determines he has a conflict of interest pursuant to Canon 3, Rule 501(C) and (D), South Carolina Appellate Court Rules, he must disqualify himself from the proceeding. Upon a determination by a hearing officer that no conflict of interest exists, the person involved in the proceeding or his representative may request the full department to make a determination as to whether or not the hearing officer must disqualify himself. Upon such request, the proceeding shall be stayed. The department must make this determination pursuant to Canon 3, Rule 501 (C) and (D) and notify all parties involved within three days of the request. Upon determination of a conflict, the department may designate another hearing officer to hear the matter.

Section 61-1-55. For all matters arising under Section 61-1-20 on or after March 1, 1994, the powers, duties and responsibilities of the hearing officer enumerated in Sections 6-1-10, 6-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50 shall be assumed by the Administrative Law Judge Division under the provisions of Chapter 23 of Title 1 of the 1976 Code. Effective March 1, 1994, the provisions of Section 61-1-10(A)(4), 61-1-10(B), (C), and (D), 61-1-20, 61-1-25, 61-1-30, 61-1-40 and 61-1-50 are repealed.

Section 61-1-60. The South Carolina Department of Revenue and Taxation and the South Carolina Law Enforcement Division shall employ personnel necessary to administer and enforce the laws and regulations governing alcoholic beverages, beer, and wine. Salaries of these personnel shall be set by the department and the division, as applicable.

Section 61-1-65. (A) The chief of the South Carolina Law Enforcement Division and the commissioners of the South Carolina Department of Revenue and Taxation 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 person by blood or marriage within the second degree shall not: (1) have any interest in the manufacture of or dealing in alcoholic liquors or in any enterprise or industry in which alcoholic liquors are required; (2) receive any commission or profit on the purchase or sale of alcoholic liquors by any person; or (3) have any interest in or mortgage or deed of trust on any land or building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in any personal property used therein. (B) No employee of the department may license, permit, or participate in the licensing or permitting of any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic beverages, beer, and wine if the employee has an ownership interest in that person, business, or organization. (C) No employee of the division may enforce any law or regulation governing alcoholic beverages, beer, and wine against any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic beverages, beer, and wine if the employee has an ownership interest in that person, business, or organization.

Section 61-1-70. The South Carolina Department of Revenue and Taxation and the South Carolina Law Enforcement Division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law .

Section 61-1-80. The department may impose a monetary penalty as an alternate to revocation or suspension in all cases where the department has the authority to suspend or revoke a license or permit. The department in its discretion may also suspend payment of the monetary penalty imposed.

Section 61-1-90. Neither the South Carolina Department of Revenue and Taxation nor the South Carolina Law Enforcement Division shall have the authority to regulate the size, type, or number of beer signs displayed on the premises of any retail or wholesale beer dealer.

Section 61-1-95. A person shall promptly surrender a license or permit issued under the provisions of this title upon request of the department. All licenses and permits are the property of the department and are not transferable. All licenses and permits must be immediately surrendered to the department 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. All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business. 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. 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 location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity.

Section 61-1-110. The South Carolina Department of Revenue and Taxation shall accept checks, in addition to any other method of payment it considers appropriate, in payment of the fees due for any license or permit it issues as provided by law. If the check is dishonored for any reason the department may suspend the license or permit without notice or a hearing until the applicant makes the payment in a form satisfactory to the department and pays a reinstatement fee of fifty dollars. The department may retain the reinstatement fee in order to offset the cost of this provision."

Authority to regulate devolved on Department of Revenue and Taxation

SECTION 1583. Chapter 3, Title 61 of the 1976 Code is amended to read:

"CHAPTER 3

Alcohol Beverage Control Act

Article 1

General Provisions

Section 61-3-10. This chapter, Chapter 7, and Article 3 of Chapter 13, shall be known and may be cited as `The Alcoholic Beverage Control Act'.

Section 61-3-20. As used in this chapter, Chapter 7, and Article 3 of Chapter 13, unless the context clearly requires otherwise: (1) The words `alcoholic liquors' mean any spirituous malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors or any compound or mixture thereof by whatever name called or known which contains alcohol and is used as a beverage, but shall not extend to: (a) wine when manufactured or made for home consumption and which is not sold by the maker thereof or by any other person, or (b) any beverage declared by statute to be nonalcoholic or nonintoxicating; (2) The word `manufacturer' means any person operating a plant or place of business within this State for distilling, rectifying, brewing, fermenting, blending or bottling any alcoholic liquors; (3) The word `wholesaler' means any person who shall from without the State purchase, acquire or import or who shall purchase or acquire from a manufacturer within the State any alcoholic liquor for resale; and (4) The words `retail dealer' shall mean any holder of a license issued under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, other than a manufacturer or wholesaler .

Section 61-3-30. No provision in this chapter, Chapter 7, or Article 3 of Chapter 13, shall apply to alcohol intended for use in the manufacture and sale of any of the following when they are unfit for beverage purposes, namely: (1) Denatured alcohol produced and used pursuant to acts of Congress and regulations promulgated thereunder; (2) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations; (3) Flavoring extracts, syrups, and food products; and (4) Scientific, chemical, mechanical and industrial products. Any person who shall knowingly sell any of the products enumerated in paragraphs (1), (2), (3) and (4) for beverage purposes shall be subject to the penalties provided in Section 61-13-410. No provision of this chapter, Chapter 7, or Article 3 of Chapter 13, shall apply to ethyl alcohol intended for use by hospitals, colleges, governmental agencies and other permittees entitled to obtain such alcohol tax free, as provided by acts of Congress and regulations promulgated thereunder.

Section 61-3-40. This chapter, Chapter 7, and Article 3 of Chapter 13 are hereby declared to be complementary to and not in conflict with the laws providing for the legal sale of beers, wines and other vinous, fermented or malt liquors.

Section 61-3-50. The functions, duties and powers set forth in this chapter, Chapter 7, and Article 3 of Chapter 13, are hereby vested in the South Carolina Department of Revenue and Taxation and the South Carolina Law Enforcement Division.

Section 61-3-70. The department and the division may from time to time make such reasonable regulations, not inconsistent with this chapter, Chapter 7, and Article 3 of Chapter 13, or with the general laws of the State, as the department or the division shall deem necessary: (1) to carry out and enforce the purposes and provisions of this chapter, Chapter 7, and Article 3 of Chapter 13; or (2) to prevent the illegal manufacture, bottling, sale, distribution and transportation of alcoholic liquors or any one or more of such illegal acts, and the department and the division may from time to time alter, repeal, or amend such regulations or any of them. Such regulations shall be filed and published as provided for in Sections 1-1-210 to 1-1-240 and shall have the force and effect of law as provided in such sections. The department and the division shall give additional notice thereof to all licensees in such manner as they may deem proper. The wilful violation of any rule or regulation made under the provisions of this section and having the force and effect of law shall constitute a violation of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-80. The department and the division shall adopt such regulations as they may deem necessary and proper to effect an equitable distribution of alcoholic liquors in this State.

Section 61-3-90. The department and the division shall, by regulation, cause the frequent analysis of alcoholic liquors sold within this State and provide procedure for obtaining samples for the purpose thereof.

Section 61-3-100. All alcoholic liquors received by a licensed wholesale liquor dealer shall have the revenue stamps as may be required by law affixed thereon for the taxes levied pursuant to Sections 12-33-230 and 12-33-240 or shall be stored in a separate compartment of a wholesaler's place of business. The storing of stamped alcoholic liquors in the same compartment with unstamped alcoholic liquors is prohibited. Alcoholic liquors removed from an unstamped compartment must have the proper tax stamps immediately affixed thereto unless shipped to a Federal Government reservation.

Section 61-3-110. The department, through the hearing officers and upon appeal of a decision of a hearing officer pursuant to Section 61-1-40, may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at such hearings and administer oaths and take testimony thereunder.

Article 3

Provisions Relating to Department of Revenue and Taxation, Members and Employees, Law Enforcement Division, Employees

Section 61-3-220. The division may employ such inspectors or agents as may be necessary for the proper administration and enforcement of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The salaries of said inspectors or agents shall be fixed by the division and shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13. The Governor shall commission as state constables such inspectors or agents as are certified to him by the division in order that they shall have adequate authority as peace officers to enforce the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. Each inspector or agent shall, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 26, of the Constitution of South Carolina, and also any additional oath required by law and shall give bond payable to the State, in form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company duly authorized to do business in South Carolina and approved by the division, as surety, conditioned upon the faithful discharge of his duties. The premiums on such bonds shall be paid as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13 and the bonds shall be filed with and preserved by the Secretary of State.

Section 61-3-230. The department and the division may employ such clerical, stenographic and other personnel, including chemists, as may be necessary, in their judgment, to the administration of this chapter, Chapter 7, and Article 3 of Chapter 13, and may prescribe their duties and fix their compensation, which shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13. The department or the division may require any employee to furnish such bond conditioned upon the faithful performance of his duty as it may deem proper. The premium on any such bond shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13, and the bond shall be filed with and preserved by the department or the division.

Section 61-3-250. The State Budget and Control Board may purchase for the department and the division the furniture, equipment, and material determined by it to be necessary, the cost thereof to be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-260. The department and the division each shall file annually with the Governor and the General Assembly its annual report as of June 30th of each year and shall report to the Governor on its affairs generally or on special matters connected therewith as often as he shall require.

Article 5

Issue of Licenses; Bond or Deposit and Action Thereon

Section 61-3-410. The department shall have sole and exclusive power to grant, issue, suspend and revoke all licenses provided for in this chapter, Chapter 7, and Article 3 of Chapter 13. In protested and contested matters, this authority shall be exercised through the hearing officers. The department may grant, subject to revocation as provided in this chapter, Chapter 7, and Article 3 of Chapter 13, the following licenses: (1) manufacturers' licenses which shall authorize the licensees to manufacture alcoholic liquors and to sell and deliver or ship them, in accordance with regulations of the department and the division, in bottles or in like closed containers to any person in this State who has a wholesaler's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13, and in barrels, bottles, or other closed containers to persons outside of this State, except that no deliveries or shipments shall be made into any state the laws of which prohibit the consignee from receiving or selling such alcoholic liquors; (2) wholesalers' licenses which shall authorize the licensees to purchase, store, keep, possess, import into this State, transport, sell and deliver alcoholic liquors in bottles or like closed containers, in accordance with regulations of the department and the division, to any person having a manufacturer's or retailer's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13; and (3) retail dealers' licenses which shall authorize the licensees to purchase alcoholic liquors from wholesalers having licenses granted under this chapter, Chapter 7, and Article 3 of Chapter 13, and to store, keep, possess and sell alcoholic liquors at retail for consumption in compliance with the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, and regulations of the department and the division not in conflict herewith.

Section 61-3-420. No person is eligible for a license under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 if he or the person who will have actual control and management of the business proposed to be operated: (1) is a minor; (2) is not a resident of the State of South Carolina; (3) is not of good repute; or (4) has had a license under the provisions of this or any previous statute regulating the manufacture or sale of alcoholic liquors which has been revoked within the period of five years next preceding the filing of the applications; unless the department in its discretion otherwise orders.

Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows: (1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted; (2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and (3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation. The above restrictions shall not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing.

Section 61-3-450. No license shall be issued to more than one member of any household in this State.

Section 61-3-460. No more than three licenses shall be issued to any one licensee, and the licensee must be eligible for a license with respect to each store as prescribed by Section 61-3-420. No more than three retail liquor licenses shall be issued for the use of any one corporation, association, partnership, or limited partnership. A corporation having the use of a retail liquor license that is owned by another corporation shall be deemed to be holding the retail liquor license for the use of the owning corporation.

Section 61-3-461. No person, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation or as a relative to any person by blood or marriage within the second degree, shall have any interest whatsoever in any retail liquor store licensed under this section except the three stores covered by his retail dealer's licenses, as provided for in Section 61-3-460.

Section 61-3-462. The provisions of Section 61-3-461 of the 1976 Code shall not apply to any person having interest in stores which will be prohibited by the provisions of such section on the effective date of Sections 61-3-461 and 61-3-462.

Section 61-3-470. The department may, in its discretion, after due investigation by the division, license retail dealers in unincorporated towns and in county communities when, in the opinion of the department, it would be to the interest of such unincorporated town or community to have a licensed retailer therein. But the department shall not license a retail dealer in any locality unless the department is assured that such locality is under proper police protection.

Section 61-3-480. If, in the judgment of the department, because of the number of retail outlets in any political subdivision, their location within the subdivision or for other reasons the citizens desiring to purchase alcoholic liquors therein are more than adequately served, it may, in its discretion, limit the further issuance of licenses in any such political subdivision.

Section 61-3-490. (A) Every person intending to apply for a license under this chapter, Chapter 7, and Article 3 of Chapter 13 shall advertise at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license 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 department. (B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must: (1) state the type of license sought; (2) tell an interested person where to protest the application; (3) be in bold type; (4) cover a space at least eleven inches wide and eight and one-half inches high; (5) be posted and removed by an agent of the department.

Section 61-3-500. The provisions of Section 61-3-490, requiring publication of notice prior to applying for a license, shall not apply to any person licensed under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, when such licensee again applies to the department for a new license similar to that which he already holds to engage in the same business at the same place.

Section 61-3-520. The department shall not issue any license until the license tax required by Chapter 33 of Title 12 has been paid by the applicant.

Section 61-3-530. Whenever a fine is imposed by the department on a beer, wine or liquor licensee for a violation and the licensee fails to pay such fine and ceases doing business on the premises where such violation occurred the department shall not require a subsequent tenant of the premises to pay such fine as a condition to being issued a beer, wine or liquor license. Provided, that this prohibition shall not apply to any person who is related, by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee so fined. The burden shall be on the new tenant to prove that no such relationship exists between him and such licensee. Section 61-3-540. Every person upon whose application for a manufacturer's or retail dealer's license the department has acted favorably shall, within ten days from the date of the receipt by him of notice of such action, either (a) file with the department a bond payable to the State in form approved by the department, in the penal sum of two thousand dollars, with some surety or guaranty company duly authorized to do business in South Carolina and approved by the department as surety, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all license taxes provided in Chapter 33 of Title 12 or (b) deposit with the State Treasurer cash in the amount of two thousand dollars or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of two thousand dollars, which deposit shall be made upon the same condition as that required to be set forth in such bond.

Section 61-3-550. Every person upon whose application for a wholesale liquor dealer's license the department has acted favorably shall, within ten days from the date he receives notice of favorable action by the department, either (a) file with the department a bond payable to the State, in such form as is approved by the department, in the penal sum which in the opinion of the department is sufficient to protect the interest of the State, but in no case shall such bond exceed five hundred thousand dollars, with some surety or guaranty company authorized to do business in this State and approved by the department as surety, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all taxes imposed by Chapter 33 of Title 12; or (b) deposit with the State Treasurer cash in the amount of the above-mentioned bond or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of the bond. The deposit shall be made upon the same condition as that required in the bond and shall be held by the State Treasurer without interest.

Section 61-3-560. Every violation of any of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, or of Chapter 33 of Title 12 by the licensee, his agents or servants, shall constitute a breach of the condition of the bond filed or the deposit made by such licensee under Sections 61-3-540 or 61-3-550 and forfeiture of such bond or deposit shall be in addition to any other penalties or punishment provided therefor in this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-570. In the event the department shall find that the condition of the bond filed or deposit made by any licensee under Sections 61-3-540 or 61-3-550 has been broken, the department shall bring an action in its name in the county in which the business of the licensee is or was located and operated to recover the amount of the bond. The action shall be against the licensee and his surety if the licensee filed a bond under Sections 61-3-540 or 61-3-550 and shall be against the licensee only if he deposited cash or securities under Sections 61-3-540 or 61-3-550.

Section 61-3-580. The cash deposited by the licensee shall be applied by the State Treasurer in payment of the judgment recovered against the licensee and, in the event securities were deposited by the licensee the State Treasurer shall, after fifteen days' advertisement, sell the same at public auction and apply the proceeds of such sale to the payment of the judgment recovered against the licensee, paying over to the licensee any amount remaining thereafter.

Section 61-3-590. The amounts received by the department or by the State Treasurer from the collection and payment of any judgments recovered under Section 61-3-570 shall be turned into the State Treasury to be disposed of in the manner provided in Chapter 33 of Title 12 for the disposition of license taxes collected under that chapter.

Section 61-3-600. Notwithstanding any other provision of law a permit not to exceed seventy-two hours to allow the possession and consumption of alcoholic beverages shall be issued upon request, from time to time, to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. Such permit shall be for the benefit of any person leasing or otherwise lawfully using the subject premises.

Section 61-3-610. An establishment which offers meals to the public may secure a license from the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department must be revoked. The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic beverages in containers of two ounces or less issued pursuant to Act 398 of 1967. Establishments so licensed may use alcoholic beverages in the preparation of food without obtaining the license provided in this section if only containers of two ounces or less are used in the food preparation.

Article 7

Expiration, Refusal, Suspension or Revocation of Licenses

Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of: (1) February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license. (2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license. (3) Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992. (C) The department shall prorate license fees for license years 1992-94 according to the time the licenses are valid.

Section 61-3-720. In the event of the death of any licensee, except in the case of a license granted to more than one person, the executor or administrator of such deceased licensee may, with the consent of the court of probate and upon permit of the department, continue the operation of the business covered by the license. If such executor or administrator shall elect to discontinue such business or if the department shall not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which it was issued, shall be refunded to the executor or administrator, and any alcoholic liquors of the deceased which come into his hands as such executor or administrator may be sold by him in the manner provided in Section 61-3-800.

Section 61-3-730. The department shall refuse to grant any license mentioned in this chapter, Chapter 7, and Article 3 of Chapter 13, if it shall be of the opinion that: (1) the applicant is not a suitable person to be so licensed; (2) the store or place of business to be occupied by the applicant is not a suitable place; or (3) a sufficient number of licenses have already been issued, in the State, incorporated municipality or unincorporated community or other community.

Section 61-3-740. The department may suspend or revoke any license issued by it if it be of the opinion that: (1) the licensee is not a suitable person to hold such license; or (2) the store or place of business occupied by the licensee is not a suitable place.

Section 61-3-750. The department shall revoke the license of any wholesaler whenever proof is obtained that such wholesaler has an interest, either directly or indirectly, in any retail store.

Section 61-3-760. Any license to sell intoxicating liquors at retail issued by the department shall be immediately revoked by the department if the licensee therein or any officer of such licensee shall during the effective period of such license be indebted to any wholesaler licensed by the department except an indebtedness for current purchases of alcoholic liquor which are not past due.

Section 61-3-770. Before the department shall refuse to grant any license or shall suspend or revoke any license issued under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, at least ten days' notice of such proposed or contemplated action by the department shall be given to the applicant or the licensee affected, as the case may be. The notice shall be in writing and shall contain a statement of the grounds or reason of the proposed or contemplated action of the department and shall be served upon the applicant or licensee in person or by registered mail sent to his last known post-office address. The department shall in such notice appoint a time and place when and at which the applicant or licensee shall be heard as to why the license should not be refused, suspended, or revoked, as the case may be. The applicant or licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.

Section 61-3-780. The action of the hearing officer and the department in granting or in refusing to grant any license under the provisions of this chapter, Chapter 7, or Article 3 of Chapter 13 is subject to appeal pursuant to Section 61-1-40. This action shall not operate as a supersedeas.

Section 61-3-790. The action of the hearing officer and the department in suspending or revoking any license pursuant to the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall be subject to appeal pursuant to Section 61-1-40, but such appeal shall not operate as a supersedeas to stay such suspension or revocation.

Section 61-3-800. Alcoholic liquors owned by or in possession of any licensee for sale at the time the license of any such licensee is suspended or revoked under this chapter, Chapter 7, or Article 3 of Chapter 13, or is terminated in any other manner may, upon permits issued by the department and within the time fixed therein and upon such conditions as the department may specify, be sold by such licensee to persons in this State licensed under Article 5 of this chapter or may, upon permits issued by the department and within the time fixed therein be sold to persons outside of this State for resale outside of the State, except that no deliveries or shipments shall be made into any state the laws of which prohibit the consignee from receiving or selling such alcoholic liquors. The time fixed by the department in such permits shall in no case be less than sixty days.

Article 9

Regulation of Licenses

Section 61-3-910. No manufacturer shall own or operate more than one plant, establishment or place of business for the manufacture of alcoholic liquors in any one county of this State nor shall he permit the drinking of alcoholic liquors on his premises.

Section 61-3-920. Wholesale and retail liquor dealers are hereby prohibited from selling alcoholic liquors on credit.

Section 61-3-930. No wholesaler shall: (1) sell, barter, exchange, give, transfer or deliver for consumption any alcoholic liquors to any person not having a retail store dealer's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13; (2) permit the drinking of any alcoholic liquors on his premises; (3) condition the sale of alcoholic liquors to any retail dealer upon the purchase or receipt of any other kind or brand of alcoholic liquors than that ordered by such retail dealer; or (4) sell any alcoholic liquors between the times of sundown and sunrise.

Section 61-3-940. No wholesale dealer, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation or as a relative to any person by blood or marriage within the third degree, shall have any interest whatsoever in any business, store or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesale dealer's license.

Section 61-3-950. Every wholesaler shall, for the purpose of conducting his business under his wholesaler's license, maintain a separate store or warehouse and no other goods, wares or merchandise except nonalcoholic beverages shall be kept or stored therein. No place of amusement shall be maintained within such place or in the same building or in connection therewith.

Section 61-3-960. Every wholesale licensee, upon receipt of a shipment of alcoholic liquors for sale within this State under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall, within twenty-four hours of the receipt of the shipment and before it is offered for sale, furnish to the department true invoices of the alcoholic liquors so received.

Section 61-3-970. Every wholesaler shall furnish to the department duplicate copies of all invoices for the sale of alcoholic liquors within twenty-four hours after such alcoholic liquors have been removed from the wholesaler's place of business.

Section 61-3-980. Every wholesaler shall file with the department monthly, on or before the first day of each month, a statement showing the stock of alcoholic liquors received by him during the preceding thirty days and such additional reports as the department may require.

Section 61-3-990. No retail dealer shall: (1) sell, offer for sale, barter, exchange, give, transfer or deliver or permit to be sold, bartered, exchanged, given, transferred or delivered any alcoholic liquors in less quantities than two hundred milliliters; (2) own or keep in his possession any alcoholic liquors in separate containers containing less than two hundred milliliters; (3) sell, barter, exchange, give, transfer or deliver, offer for sale, barter or exchange or permit the sale, barter, exchange, gift, transfer or delivery of alcoholic liquors (a) between the hours of 7:00 p.m. and 9:00 a.m., (b) for consumption on the premises, (c) to a person under twenty-one years of age, (d) to any intoxicated person or (e) to any insane person; (4) permit the drinking of any alcoholic liquors in his store or place of business. Provided, that during restricted hours the retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other such related functions which may be required that do not involve sale of any alcoholic beverages. The provisions of this section relating to quantities of less than two hundred milliliters shall not apply to sealed containers of two ounces or less when sales in these quantities are authorized by law to be sold to persons licensed to sell these sealed containers for on-premises consumption. It is unlawful for any person licensed to sell alcoholic beverages under the provisions of this section to refill a container of two ounces or less and any person who is convicted of doing so shall have his license revoked permanently. Each retail dealer shall keep a record of all sales of alcoholic beverages sold in sealed containers of two ounces or less. The record shall include the name of the purchaser and the date and quantity of the sale. The reports of sales must be filed with the department within ten days of the end of each quarter. It is unlawful to sell sealed containers of two ounces or less except during legal hours of operation.

Section 61-3-1000. Every retail dealer shall maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit. Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building. A sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The words `ABC Package Store', the owner's name, and license number may appear on the sign. Letters must be white with a red background. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words `ABC Package Store' in black letters. No other letters or symbols may be placed on this sign. Retail dealers may place signs containing the words `ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory. Retail dealers may place one sign, not to exceed three feet by three feet, off of their licensed premises. This sign may only be white, and may only contain the words `ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign. A retail dealer may place a reasonable number of signs on his licensed premises indicating the designated parking for his licensed premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space. Signs by retail liquor dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail liquor dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.

Section 61-3-1010. Every retail dealer shall display all retail prices on the shelf under each brand and bottle size. No bottles of alcoholic liquors or no packages containing alcoholic liquors may be displayed in the front or windows of the store or place of business of a retail dealer. However, a retailer may display signs within the store or place of business with the price and bottle size in letters of any size. These signs must not be visible from outside the store or place of business.

Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer. Retail dealers also may sell nonalcoholic beverages, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer.

Section 61-3-1030. Notwithstanding the provisions of Section 61-3-1020, retail dealers licensed under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen percent of alcohol by volume shall be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in sealed containers of two ounces or less. The provisions of this section shall not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement thereof.

Section 61-3-1040. The restrictive provisions of this article relating to retail dealers shall not apply to sales of alcoholic liquors by railroad, Pullman or airline companies to passengers on interstate trains or aircraft for consumption thereon, such sales being hereby permitted."

Authority to regulate devolved on Department of Revenue and Taxation

SECTION 1584. Chapter 5, Title 61 of the 1976 Code is amended to read:

"CHAPTER 5

Regulation of Transportation, Possession, Consumption and Sale of Alcoholic Beverages

Article 1

General Provisions

Section 61-5-10. As used in this article: (1) `Bona fide engaged primarily and substantially in the preparation and serving of meals' shall refer only to such a business which has been issued a Class A restaurant license prior to issuance of license under this article and in addition provides facilities for seating not less than forty persons simultaneously at tables for the service of meals. (2) `Furnishing lodging' shall refer only to those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms.

Section 61-5-20. Notwithstanding any other provision of law, it shall be lawful, subject to the provisions of Section 61-5-30, for any person who is twenty-one years of age or older to transport, possess, or consume lawfully acquired alcoholic liquors in accordance with the following: (1) Any person may transport alcoholic liquors to and from any place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it shall be unlawful to transport such liquors in any motor vehicle, except in the luggage compartment or cargo area. (2) Any person may possess or consume alcoholic liquors: (a) in a private residence, hotel room or motel room; (b) or on any other property not engaged in any business or commercial activity, at private gatherings, receptions, or occasions of a single and isolated nature, and not on any repetitive or continuous basis, with the express permission of the owner and any other person in possession of such property, and to which the general public is not invited; provided, however, this shall not be construed to permit or in any way authorize the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to subsections (3) and (4) of this section. (c) In separate and private areas of an establishment whether or not such establishment includes premises which are licensed pursuant to subsections (3) and (4) of this section, where specific individuals have leased such areas for a function not open to the general public. (3) Nonprofit organizations with limited membership, not open to the general public, established for social, benevolent, patriotic, recreational, or fraternal purposes may be licensed to sell alcoholic liquors and beverages in sealed containers of two ounces or less. Members or guests of members of such organizations may consume alcoholic liquors and beverages sold in such containers upon the premises between the hours of ten o'clock in the morning and two o'clock on the following morning. (4) Except on Sunday, it shall be lawful to sell and consume alcoholic liquors and beverages sold in sealed containers of two ounces or less in any business establishment between the hours of ten o'clock in the morning and two o'clock the following morning, provided the establishment meets the following requirements: (a) the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and (b) the business has a license from the department permitting the sale and consumption of alcoholic liquors and beverages, which is conspicuously displayed on the main entrance to the premises and clearly visible from the outside. (5) Provided, that the purchaser shall break the seal unless the seller shall break the seal in the presence of the purchaser and deliver the container. (6) No person shall serve or deliver to a purchaser any alcoholic liquors in sealed containers in a business where such sales are authorized unless such person has attained the age of eighteen years; nothing contained herein shall be construed as allowing bartenders under the age of twenty-one.

Section 61-5-25. Any restaurant with a Class A or B license issued by the Department of Health and Environmental Control (department) may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by the department and is placed on individual plates or in individual serving dishes inside the restaurant and if any uncovered containers in which the beverages are served are filled only to satisfy the order of a customer. This bill shall not allow a Class B Restaurant to sell, dispense, barter or trade in minibottles in any form or fashion. The existing law controlling Class B Restaurants in reference to the sale or dispensing of alcoholic beverages shall not be affected in any manner. Notwithstanding any other provisions of this section, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic beverages in sealed containers of two (2) ounces or less shall not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in such area.

Section 61-5-30. It shall be unlawful for any person to possess or consume any alcoholic liquors upon any premises where such person has been forbidden to possess or consume alcoholic liquors by the owner, operator, or person in charge of the premises. No person or establishment licensed to sell alcoholic beverages pursuant to this article shall sell such beverages to persons in an intoxicated condition and such sales shall be deemed violations of the provisions thereof and subject to the penalties contained herein. No person, corporation or organization for whose premises a license is required shall knowingly allow the possession or consumption of any alcoholic liquors upon such premises unless a valid license issued pursuant to subsection (3) or (4) of Section 61-5-20 has been obtained and is properly displayed.

Section 61-5-40. Any person making application for a license under subsections (3) and (4) of Section 61-5-20 shall submit his application to the department. The department shall have the exclusive authority in issuing any license, or in renewing, suspending or revoking any license, pursuant to the provisions of this article.

Section 61-5-50. The department may grant a license upon finding: (1) The applicant is a bona fide nonprofit organization or the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, as described in Section 61-5-10. (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. (3) As to business establishments or locations established after November 7, 1962, Section 61-3-440 has been complied with. (4) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper 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 department. (5) 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 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; (e) be posted and removed by an agent of the department.

Section 61-5-55. Notwithstanding any other provision of law, any person or organization licensed by the department may hold and advertise special events such as bingo, raffles, and other similar activities intended to raise money for charitable purposes. This section shall not affect any requirements for obtaining a bingo license from the department.

Section 61-5-60. The department may suspend, revoke, or refuse to renew a license upon finding that: (a) the applicant no longer meets the requirements of Section 61-5-50, or (b) the applicant has violated since the issuance of the license any of the regulations promulgated by the department or the division, or (c) the applicant has violated since the issuance of the license any other provisions of the Alcoholic Beverage Control Act, as amended , or (d) the applicant permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering. Upon the written request of any person who resides in the county where the license is requested to be granted, the department shall not issue such license until any interested person has been given an opportunity to be heard. No person who has been convicted of a felony shall be granted a license within ten years of such conviction.

Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of: (1) February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license. (2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license. (3) Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992. (C) The department shall prorate license fees for license years 1992-94 according to the time the license is valid.

Section 61-5-80. (A) Applications for licenses must be accompanied by appropriate fees payable to the department and must be deposited with the State Treasurer, or are refundable if a license is refused. The schedule of fees for the license is: (1) one thousand, five hundred dollars biennially for a nonprofit organization, as defined in Section 61-5-20(3); (2) one thousand, five hundred dollars biennially for a business establishment, as defined in Section 61-5-20(4). (B) A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in this subsection. During the: (1) first quarter of the license period: the entire fee; (2) second quarter of the license period: three-fourths of the prescribed fee; (3) third quarter of the license period: one-half of the prescribed fee; (4) final quarter of the license year: one-fourth of the prescribed fee. (C) Each applicant shall pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.

Section 61-5-85. In addition to the licenses authorized under Section 61-5-80, the department may also issue a temporary license for a period not to exceed twenty-four hours to organizations not organized for profit which will permit such organizations to purchase and sell at a single social occasion alcoholic liquors in sealed containers of two ounces or less. Notwithstanding other provisions of this chapter, the issuance of such permit shall authorize the organization to which such permit is issued to purchase alcoholic liquors in sealed containers of two ounces or less from licensed liquor dealers in the same manner that persons licensed under Section 61-5-80 are authorized to make such purchases. The fee for such permit shall be thirty-five dollars payable at the time of application. The permit application shall include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they shall be sold. The issuance or nonissuance of permits authorized under this section shall be within the sole discretion of the department.

Section 61-5-90. Before the department shall refuse to grant any license or shall suspend or revoke any license issued under the provisions of this article, at least ten days' notice of such proposed or contemplated action by the department shall be given to the applicant or the licensee affected, as the case may be. The notice shall be in writing and shall contain a statement of the grounds or reason of the proposed or contemplated action of the department and shall be served upon the applicant or licensee in person or by certified mail sent to his last known post-office address. The department shall in such notice appoint a time and place when and at which the applicant or licensee may appear and be heard as to why the license should not be refused, suspended, or revoked, as the case may be. The applicant or licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel. The action of the hearing officer or the department in granting or in refusing to grant any license under the provisions of this article shall be subject to appeal pursuant to Section 61-1-40. This action shall not operate as a supersedeas.

Section 61-5-100. All alcoholic liquors found in the possession, custody or within the control of any person, corporation, or organization, which are handled, stored, kept, possessed, transported, used, or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of any of the provisions of this article, or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, are hereby declared to be contraband and may be seized and confiscated without a warrant by the division, its respective agents, or any peace officer, and shall be disposed of in accordance with Section 61-13-570.

Section 61-5-110. Any person who transports, possesses or consumes alcoholic liquors except in a manner permitted by this article and any person who violates any of the provisions thereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days. In addition any person who is licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises any alcoholic beverages in containers other than sealed containers of two ounces or less, except wine as authorized for sale under Section 61-3-1030, or who displays such sealed containers when the seals are broken or who violates any other provisions of this article shall: (1) for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both; (2) for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both; (3) for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently; (4) for any violation involving the avoidance of taxes, a fine of not less than one thousand dollars and permanent revocation of his license.

Section 61-5-120. Any person, corporation, or organization who has in their possession, custody, or within their control alcoholic liquors which are handled, stored, kept, possessed, transported, used or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of the provisions of this article or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, or any other taxes shall be required to pay a penalty of twenty dollars per container to be assessed by the department as other taxes are collected. The department may, upon good cause shown, remit any penalties provided in this section, in whole or in part.

Section 61-5-130. Notwithstanding any other provision of law to the contrary, alcoholic liquors and beverages sold in sealed containers of two ounces or less shall be taxed at the rate of twenty-five cents per container in addition to the case tax as prescribed in Article 5, Chapter 33, Title 12 and collected as those taxes are collected. Taxes levied in Article 3 of that chapter shall not apply. Alcoholic beverages in sealed containers of two ounces or less as authorized to be sold in this article shall be purchased only by a person licensed under this article, in case lots and only from licensed liquor retailers. Any retailer who sells such beverages in such containers to other than a person licensed under this article shall be deemed guilty of a misdemeanor and upon conviction be fined not more than one thousand dollars and be subject to suspension or revocation of his retail license at the discretion of the department. As used in this paragraph a person licensed under this article shall include his designated agent as a purchaser. No person licensed under the provisions of subsections (3) and (4) of Section 61-5-20 shall be licensed as a retail liquor dealer on the same premises.

Section 61-5-140. The division shall employ such additional enforcement personnel as required to adequately enforce the provisions of this article.

Section 61-5-160. Each retail liquor dealer shall have posted in his place of business a sign with the following words printed thereon: `Any person may transport alcoholic liquors to and from any place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it shall be unlawful to transport such liquors in any motor vehicle, except in the luggage compartment or cargo area'. The size of the lettering and approved locations on the dealer's premises shall be provided for by rules and regulations of the department.

Section 61-5-170. In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquor and beverages. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations that have been in existence and operating for at least twelve months prior to the date of application, to nonprofit educational foundations, and to political parties and their affiliates duly certified by the Secretary of State. The department shall charge a nonrefundable filing fee of thirty-five dollars for processing each application. The department in its sole discretion shall specify the terms and conditions of the permit.

Section 61-5-180. In addition to the provisions of Section 61-5-85, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The permit fees must be credited to the general fund of the State. The department in its sole discretion shall specify the terms and conditions of the permit. Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue and Taxation. The question on the ballot shall read substantially as follows: `Shall the South Carolina Department of Revenue and Taxation be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales'? A referendum for this purpose may not be held more often than once in forty-eight months. The expenses of any such referendum must be paid by the county or municipality conducting the referendum.

Section 61-5-190. The department is the sole and exclusive authority empowered to regulate the operation of all retail locations authorized to sell beer, wine, or alcoholic beverages and is authorized to establish such conditions or restrictions which the department in its discretion considers necessary before issuing or renewing any license or permit. Nothing contained in this section may be considered as preventing judicial appeals from decisions of the South Carolina Alcoholic Beverage Control Hearing Officer or the department, as authorized by Section 61-1-40, nor as limiting in any way the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department.

Section 61-5-200. The department may not generate any license fees to be deposited in the state general fund through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquor, beer, or wine to be sold on a drive-through or curb service basis.

Article 3

Disbursement of Revenue

Section 61-5-310. Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Article 1 of this chapter shall be regulated and disbursed in accordance with the provisions of this article.

Section 61-5-320. Prior to the use of the revenue described in Section 61-5-310, the governing body of each county shall: (a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Article 1 of this chapter or create a new agency for that purpose; (b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of such plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances. Such written approval shall be granted by the South Carolina Commission on Alcoholism and by the Commissioner of Narcotics and Controlled Substances if reasonable. In the event approval is denied, an appeal to the Governor shall lie. Such appeal shall fully state the reasons why it is made. Should the Governor deem nonapproval of the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances to be unreasonable, he shall communicate his reasons to the Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances and require them to reexamine such plan in light of his objections. Following such reexamination, no further appeal shall lie.

Section 61-5-330. The single county agency, as provided for in Section 61-5-320, shall provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists or where citizen participation is nonexistent, through the establishment of a county advisory committee, which shall consult with and advise the single county agency in the development and implementation of the county plan.

Section 61-5-340. Revenue funds allocated pursuant to Section 61-5-150 shall be collected and disbursed by the Department of Revenue and Taxation in the manner and in accordance with schedule of disbursement of other alcoholic beverage tax monies on a per capita basis according to the latest official United States census. Such revenue funds shall actually be disbursed to the counties but shall not be used until their alcohol and drug abuse plans have been approved. If such funds have not been expended within two years from receipt by the county treasurer such funds shall be returned to the general fund of the State to be disbursed on a per capita basis to the counties which have approved plans.

Section 61-5-350. Revenue funds received in accordance with this article will be expended only for activities and services which are called for in, and are consistent with, the recommendations of the approved county alcohol and drug abuse plan.

Section 61-5-360. Each county governing body shall: (a) establish such methods of administration as are necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the South Carolina Commission on Alcohol and Drug Abuse; (b) provide for such accounting procedures as may be necessary to assure proper disbursement of and accounting for such funds, including an annual audit of fiscal records, a copy of which shall be furnished to the South Carolina Commission on Alcohol and Drug Abuse.

Section 61-5-370. The provisions of this article shall not be construed as preventing two or more counties from joining together in plans, programs and projects or in designating a single agency to administer multicounty plans required by item (b) of Section 61-5-320.

Section 61-5-380. Funds disbursed pursuant to the provisions of Article 1 of this chapter and this article shall be used only to supplement and increase the level of federal, state, local and other funding that would in the absence of these funds be made available, and will in no event be used to supplant federal, state, local, and other funds."

Authority to regulate devolved on Department of Revenue and Taxation

SECTION 1585. Chapter 7, Title 61 of the 1976 Code is amended to read:

"CHAPTER 7

Importation of Alcoholic Beverages

Section 61-7-10. (1) The word `producer' as used in Chapter 3, this chapter and Article 3 of Chapter 13, shall mean a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and shall include an importer of alcoholic liquors engaged in importing such alcoholic liquors into the United States. (2) `Registered producer' shall mean a producer as herein defined who is registered with the department pursuant to this chapter. (3) `Producer representative' shall mean a person who is a bona fide citizen of South Carolina and who maintains his principal place of abode in this State and who is registered with the department pursuant to this chapter as the South Carolina representative of a registered producer.

Section 61-7-20. The provisions of this chapter shall be applicable notwithstanding any other provision of law.

Section 61-7-30. The department shall administer the provisions of this chapter and the division shall enforce the provisions of this chapter.

Section 61-7-40. The department and the division shall have the power to make such rules and regulations not inconsistent with law deemed necessary for the proper administration and enforcement of this chapter. Such rules and regulations shall have the full force and effect of law.

Section 61-7-50. Any manufacturer licensed under the provisions of Chapter 3, this chapter and Article 3 of Chapter 13, shall be exempt from the provisions of this chapter.

Section 61-7-60. No person other than a registered producer shall ship or move, or cause to be shipped or moved, any alcoholic liquors from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of such brand as herein defined, and it shall be unlawful for any wholesaler in this State to order, purchase, or receive any alcoholic beverages from any producer who is not the primary American source of supply for the brand ordered, purchased or received. The term primary American source of supply means the manufacturer, distiller, vintner, winery, or owner of vinous or spirituous beverages at the time same becomes a marketable product, or bottler, or the exclusive agent of any such person, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer.

Section 61-7-70. No alcoholic liquors shall be shipped or moved into South Carolina unless and until each brand of such alcoholic liquors is duly registered with the department in accordance with the provisions of this chapter and regulations of the department promulgated thereunder.

Section 61-7-80. (A) Every producer shall apply to the department on forms the department prescribes for a certificate of registration, which certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within the geographic limits of South Carolina. (B) Every producer, at the same time application is made for a certificate of registration, shall remit to the department a fee of two hundred dollars. Where a certificate is applied for on or after March first, the fee is one hundred fifty dollars. (C) Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-7-90. (A) Every registered producer, before the shipment of alcoholic liquors to a point within the geographic limits of South Carolina, shall obtain from the department a certificate of registration for each brand of alcoholic liquors intended to be shipped to a point within the geographic limits of this State. The department shall provide appropriate forms for application for certificate of registration of brands of alcoholic liquors. (B) When an application for a certificate of registration of brands of alcoholic liquors is submitted a fee of twenty dollars must be paid to the department for each brand except the first five brands of a registered producer. (C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to the second August thirty-first after the issuance of the license.

Section 61-7-100. Every registered producer of alcoholic liquors shall, at the time of application for registration in this State, file with the department an affirmation of corporate policy with regard to sales of all brands owned, controlled, sold, offered for sale, franchised or distributed by such producer in this State. The affirmation shall certify that the producer shall not wilfully sell or offer for sale any alcoholic liquors of a particular brand and proof in any state in the United States at a price lower than the price such liquors are sold or offered for sale to licensed South Carolina wholesalers. `Price' as used in this section shall mean platform price at the distillery and shall not include price differentials based on transportation costs, containers or other costs not directly related to the quality and proof of the product concerned. Quantity discount prices for liquors sold to monopoly states or elsewhere shall not be considered to be violations of the producer's affirmation if such discount prices are also offered to South Carolina wholesalers for purchases in the same quantities. Any registered producer who fails to file such affirmation or wilfully violates the pledges contained therein shall have its registration and privileges to import and sell alcoholic liquors in the State refused, canceled, or suspended at the discretion of the department for such periods as the department may deem necessary and proper. Any producer may appeal a judgment of the Alcoholic Beverage Control Hearing Officer and the department pursuant to Section 61-1-40.

Section 61-7-110. No person is qualified as a producer representative unless and until he has made application to the department for a certificate of registration and the certificate has been approved and issued. The department shall provide appropriate forms for application for a certificate of registration as a producer representative. Upon submission of an application for a certificate of registration as a producer representative, a fee of fifty dollars must be paid to the department and is valid for a biennial period.

Section 61-7-120. No person having a direct or indirect interest in a wholesale or retail liquor business in South Carolina may qualify as a producer representative.

Section 61-7-130. (A) A registered producer may store alcoholic liquors only in a warehouse of the registered producer licensed by the department. The department shall require sufficient bond with respect to a licensed warehouse to ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the department. (B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March first, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-7-140. Alcoholic liquors shall be shipped or moved from a point without South Carolina to a point within the geographic limits of South Carolina only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in South Carolina as common carriers by the South Carolina Public Service Commission, by wholesalers licensed by the South Carolina Department of Revenue and Taxation or by producers registered by such department in their own trucks. Such alcoholic liquors shall be shipped or moved only to the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors shall be either stored in a duly licensed warehouse of the registered producer or, after delivery to the producer's representative is complete, may then be shipped by common carriers aforementioned, by wholesalers licensed by the South Carolina Department of Revenue and Taxation or by producers registered by such department in their own trucks to a duly licensed wholesaler. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. Should alcoholic liquors be stored in the warehouse of a registered producer, or after delivery to the producer's representative is complete, they may be shipped to a duly licensed wholesaler or to a point without South Carolina. Prior to any such shipment or transfer, the producer's representative shall apply to the Department of Revenue and Taxation, on forms prescribed by the department, for permission to ship or transfer such alcoholic liquors, and the producer's representative shall have received a certificate of approval of such shipment or transfer.

Section 61-7-150. Prior to shipment into the geographic boundaries of South Carolina, the registered producer shall mail to the department by first-class mail a correct and complete invoice, showing in detail the items in such shipment by quantity, type, brand, size, price, and the point of origin, and the point of destination. Also prior to or at the time of shipment, a copy of the bill of lading shall be forwarded to the department by first-class mail. Immediately upon acceptance of delivery of the shipment by the producer's representative, the producer's representative shall furnish the department with a copy of the invoice covering the shipment with endorsement thereon showing the date, time, and place delivery was accepted.

Section 61-7-160. Prior to shipment to any South Carolina wholesaler or to any point without the State of South Carolina, the producer's representative shall mail to the department a correct and complete copy of the invoice covering the shipment, showing the name and address of the consignee and, in detail, the items in such shipment by quantity, type, brand, size, and price. On all shipments to a point without South Carolina, the producer's representative shall at the time of shipment mail to the department a copy of the bill of lading.

Section 61-7-170. Any alcoholic liquors shipped or moved into the geographic limits of South Carolina in violation of any provision of this chapter, are hereby declared contraband and may be seized and sold as provided by Section 61-13-570.

Section 61-7-180. The department, in its discretion, upon due consideration of the information contained in applications for certificates and licenses provided for in this chapter, shall issue or reject the certificate or license applied for.

Section 61-7-190. Any and all certificates of registration or licenses provided by this chapter may be suspended or revoked by the department upon a showing of any violation of law or of any regulation of the department or the division.

Section 61-7-200. In all cases the applicant for a certificate or license required by this chapter, as a condition precedent to the issue of such certificate or license, must certify that the department and the division shall have the right within statutory limitations to audit and examine the books and records, papers and memoranda of the applicant, with respect to the administration and enforcement of laws administered by the department and the division.

Section 61-7-210. All monies received by the department under the provisions of this chapter shall be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-7-300. (A) All alcoholic liquors purchased by military establishments located in the State shall be purchased from wholesalers licensed in this State to sell such liquors. Purchase orders from the military establishment shall be furnished to a licensed wholesaler and the order shall be processed and delivered by the wholesaler as nonmilitary orders are processed and delivered except that delivery shall be made to the military establishment rather than to a licensed retailer. (B) Alcoholic liquors sold to the military establishment shall be tax free except for the case tax imposed under Sections 12-33-410 and 12-33-420, which tax shall be absorbed by the wholesaler and not passed on to the purchaser. (C) The department and the division may promulgate regulations necessary to implement the provisions of this section. (D) Any registered producer who sells alcoholic beverages in violation of this section shall have its certificate of registration, as provided for in Section 61-7-80, suspended for such period as the department shall determine.

Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."

Authority to regulate devolved on Department of Revenue and Taxation

SECTION 1586. Chapter 9, Title 61 of the 1976 Code is amended to read:

"CHAPTER 9

Beer, Ale, Porter and Wine

Article 1

General Provisions

Section 61-9-10. All beers, ales, porter and other similar malt or fermented beverages containing not in excess of five per cent of alcohol by weight and all wines containing not in excess of twenty-one per cent of alcohol by volume are hereby declared to be nonalcoholic and nonintoxicating beverages.

Section 61-9-20. It shall be unlawful for any person to sell or permit to be sold any beer, ale, porter, wine, malt, or other beverage authorized to be sold under this chapter on which the tax levied be not paid. Any person having charge of the sale of any such beverage who shall sell or permit it to be sold in violation of the provisions of this section shall be guilty of a misdemeanor and shall be fined for each offense not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a period of not less than ten days nor more than thirty days in the discretion of the court.

Section 61-9-30. All beer or wine sold by wholesalers to the holders of retail licenses in this State shall be sold for cash only at the time of delivery or prior thereto. Cash shall mean money or a bona fide check or money order. Any holder of a retail permit who issues a check in payment for beer or wine with insufficient funds at the bank to cover it shall have violated the provision of this section. This provision for cash payment shall apply to cash deposits on empties when beer is delivered in returnable containers. This deposit shall be not less than the charge from the brewery to the wholesaler and in no event less than sixty cents per case of twenty-four twelve-ounce bottles or twelve one-quart bottles.

Section 61-9-40. (A) It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age. Any person making such unlawful sale must be, upon conviction, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court. (B) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section.

Section 61-9-50. It shall be unlawful for any person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine.

Section 61-9-60. It shall be unlawful for any person to purchase beer or wine while on licensed premises and to give such beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on such premises.

Section 61-9-70. Any person violating the provisions of Sections 61-9-50 and 61-9-60 shall, upon conviction, be fined not less than fifty nor more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-9-85. If a person is charged with a violation of Section 61-9-40 (the unlawful sale of beer or wine to minors), the minor shall also be charged with a violation of Section 20-7-370 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-9-50 (false information as to age) or if an adult violated Section 61-9-60 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons shall also be charged with their violations. Unless the provisions of this section are followed, no person charged with a violation of Section 61-9-40 shall be convicted of such offense. Nothing herein contained shall require that charges, once made pursuant to this section, be prosecuted to conclusion, but rather this determination shall be made in the manner provided by law.

Section 61-9-87. It shall be unlawful for any person to have in his possession any beer or wine in an open container in a moving vehicle of any kind, licensed to travel in this State or any other state, that may travel upon the public highways of this State, except in the trunk or luggage compartment. This section shall not be construed to prohibit transporting beer or wine in a closed container. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-9-90. It shall be unlawful for any person to sell or offer for sale any wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning; provided, however, that any establishment licensed pursuant to Sections 61-5-10 to 61-5-160 shall be authorized to sell such products during those hours in which the sale of alcoholic beverages in containers of two ounces or less is lawful. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars or be imprisoned for not exceeding thirty days. The right of any person to sell wine and beer in this State at any time under a license issued by the State shall be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict herewith shall be unenforceable.

Section 61-9-100. If any beer or wine is sold or delivered to anyone from any place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning, all beer and wine found within the said place of business is hereby declared contraband and shall be seized by any peace officer and handled as contraband liquor. Provided, that the person owning or claiming such beer or wine may retain possession of it by delivering to the peace officer a cash bond in an amount equal to the cost price of the beer or wine. The cost price shall not be less than the average price charged for a like quantity of beer or wine by a licensed wholesaler. The peace officer receiving the bond shall deliver a written receipt to the person posting the bond. If the peace officer is a representative of the division, the cash bond shall be deposited in the State Treasury. If the peace officer is a representative of a municipality, the cash bond shall be deposited in the treasury of the municipality. In all other cases, the cash bond shall be deposited in the treasury of the county in which the beer or wine was located when declared contraband. If the Department of Revenue and Taxation or court shall determine that the person charged with the violation which required the posting of a bond was not guilty of the offense charged, the bond shall be returned to the person posting such bond. If the person so charged shall be found guilty, the bond shall be forfeited to the State, county or municipality, as the case may be. The licensee shall have a right to appeal any decision of the Alcoholic Beverage Control Hearing Officer and the department pursuant to Section 61-1-40.

Section 61-9-110. Any person who drinks beer or wine or possesses beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at any place licensed to sell beer or wine shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-9-120. If any beer or wine is sold to anyone by a person who does not have a valid license to make such a sale, all beer and wine found on the premises of such person is hereby declared contraband and shall be seized by any peace officer and handled as contraband liquor.

Section 61-9-130. It shall be unlawful for any person to sell or offer for sale any wine or beer within any county of this State having a population as shown by the sixteenth census of the United States, commonly known as the census of 1940, of more than seventeen thousand five hundred and less than eighteen thousand five hundred, between the hours of eleven o'clock P. M. Saturday night and sunrise Monday morning. Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.

Section 61-9-140. If any penalty imposed by this chapter remains due and unpaid for a period of ten days, the department shall issue a warrant under its bond and official seal in accordance with Article 1 of Chapter 53 of Title 12.

Section 61-9-170. Notwithstanding any other provision of law, a holder of a retail permit to sell beer and wine may transfer beer and wine to other businesses. For this transfer to be lawful, all businesses involved in the transfer must hold a retail beer and wine permit issued to the same individual, partnership, or corporation. In addition, a particular brand of beer may be transferred only between retail outlets located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the department pursuant to Section 61-9-1100. Transfers of beer and wine between retail beer and wine locations in a manner not authorized by this section, purchase of beer or wine by a retailer from another retailer for the purpose of resale, and sale of beer or wine by a retailer to a retailer for the purpose of resale are unlawful. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars.

Article 2

Producers and Wholesalers of Beer and Wine

Section 61-9-210. `Producer' as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States.

Section 61-9-220. Every producer shall apply to the department on the forms the department may prescribe for a certificate of registration, which certificate must be approved and issued before the shipment of beer or wine by the producer to a point within the geographic limits of South Carolina. Every producer, at the same time application is made for a certificate of registration, shall remit to the department a fee of two hundred dollars. Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine wholesalers shall purchase only beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the department. Nothing in this section or Section 61-9-315 prevents the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in South Carolina to distribute the same brand or brands of wine, beer, or ale.

Section 61-9-230. The department, in its discretion, upon consideration of the information contained in applications for certificates provided for in this article, shall issue or reject the application.

Section 61-9-240. Certificates of registration provided for in this article may be suspended or revoked by the department upon a showing of a violation of law or of a regulation of the department.

Section 61-9-250. The department and the division have the right within statutory limitations to audit and examine the books and records, papers, and memoranda of a producer with respect to the administration and enforcement of laws administered by the department and the division.

Section 61-9-260. Any beer or wine shipped or moved into the geographic limits of South Carolina in violation of a provision of this chapter is declared contraband and may be seized and sold as provided in Section 61-13-570.

Section 61-9-270. The department shall administer the provisions of this chapter and the division shall enforce the provisions of this article.

Section 61-9-280. The department and the division may make the regulations, not inconsistent with law, that are necessary for the proper administration and enforcement of this article.

Section 61-9-290. All monies received by the department or the division under the provisions of this chapter must be deposited with the State Treasurer to the credit of the general fund of the State.

Article 3

Permits for Sales

Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the department for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the department four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the department two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business. (B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are: (1) the last day of February in years which end in an: (a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties; (b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties; (2) the last day of May in years which end in an: (a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties; (b) even number for Lancaster, Marion, Marlboro, Union, and York counties; (3) the last day of August in years which end in an: (a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties; (b) even number for Richland County; (4) the last day of November in years which end in an: (a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties; (b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties. (C)(1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit. (2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit. (3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992. (D) The department shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

Section 61-9-315. (A) A manufacturer or brewer of beer, ale, porter, or other malt beverages or any person who imports these products produced outside the United States shall not sell, barter, exchange, transfer, or deliver for resale any beer to any person not having a wholesale permit granted under Section 61-9-310, and a holder of a wholesale permit shall not sell, barter, exchange, transfer, or deliver for resale any beer to any person not having a retail or wholesale permit. (B) A manufacturer, brewer, importer, or wholesaler of beer, or anyone acting on their behalf, shall not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free beer, or service. (C) Notwithstanding subsection (B), a wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler may also furnish the following services to a retailer: cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays. (D) The holder of a retail permit, or anyone acting on his behalf, shall not accept, directly or indirectly, any equipment, fixtures, free beer, or service referred to in subsection (B) from a manufacturer, brewer, importer, or wholesaler of beer except as provided in subsection (C). (E) A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. Any person or entity in the beer business on one tier, or anyone acting directly or indirectly on his behalf, shall not have any ownership or financial interest in the beer business operation on another tier. This limitation does not apply to the interest held on July 1, 1980, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. (F) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases provided that all discounts must be on price only, must appear on the sales records, and must be available to all customers. (G) No person or entity in the beer business on one tier may require any person or entity in such business on another tier to advertise or participate in a discount or special promotion.

Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless: (1) The applicant, any partner or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises, are of good moral character. (2) The retail applicant is a citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year before the date of application. (3) The wholesale applicant is a citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year before the date of application or has been licensed previously under the laws of this State. (4) The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him. (5) The applicant is twenty-one years of age or older. (6) The location of the proposed place of business of the applicant is in the opinion of the department a proper one. The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before its effective date. (7) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper 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 department. (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; (e) be posted and removed by an agent of the department.

Section 61-9-330. In considering an application for a permit for the sale of beer or wine at a location within five miles of a political subdivision of a foreign state in which the sale of beer or wine is prohibited, the department shall, in addition to the factors now required to be considered, take into account the proximity of the location to the prohibited area, the likelihood that large crowds will gather from time to time with attendant breaches of the peace, the requirement of increased law enforcement officers, and any other factor which in its judgment should rightfully be considered, before issuing the permit. These special considerations, however, shall not apply where the application is made with respect to a location within the corporate limits of a municipality. Section 61-9-340. When upon the filing of a verified application with the department it is shown that the foregoing qualifications and conditions are met and when upon investigation of the division it is determined by the department that the applicant is a fit person to sell beer or wine and that the location of the proposed place of business is a proper one, the department shall issue a permit to such applicant to sell beer or wine on the premises described in the application upon the payment of the fee prescribed by law. Any misstatement or concealment of fact in an application shall be a sufficient ground for the revocation of the permit issued by reason of such application. The department may, in those cases where it deems necessary, require an applicant to post a cash bond or surety bond with a bonding company approved by the State Insurance Commission, as an additional condition for a permit. The bond shall be in such amount as may be determined by the department and shall be subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine.

Section 61-9-360. The department may issue permits running for a period not exceeding fifteen days for a fee of ten dollars per day. Such special permits shall be issued only for locations at fairs and special functions.

Section 61-9-380. In addition to the penalties provided herein, the department may revoke the permit of any person failing to comply with any or all of the requirements hereof.

Section 61-9-390. Any dealer, wholesale or retail, failing to secure a permit required in this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars or imprisonment not less than ten days nor more than thirty days, in the discretion of the court. Each day that such business is carried on without a permit shall constitute a separate offense.

Section 61-9-400. Notwithstanding any other provisions of law, any establishment that holds a valid beer and wine license and license to sell alcoholic beverages in containers of two ounces or less, may sell wine which is not in excess of twenty-one percent of alcohol by volume as defined in Section 61-9-10, to be consumed on the premises.

Section 61-9-410. No holder of a permit authorizing the sale of beer or wine or any servant, agent, or employee of the permittee shall knowingly do any of the following acts upon the licensed premises covered by the holder's permit: (1) sell beer or wine to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age; (2) sell beer or wine to any person while the person is in an intoxicated condition; (3) permit gambling or games of chance; (4) permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering; (5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; or (6) sell, offer for sale, or possess any beverage or alcoholic liquor the sale or possession of which is prohibited on the licensed premises under the law of this State. A violation of any of the foregoing provisions is a ground for the revocation or suspension of the holder's permit.

Section 61-9-420. The department shall have jurisdiction of any proceedings brought for the revocation or suspension of permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the six preceding months in the community in which the licensed premises are located or by any local peace officer, all of whom are hereby charged with the duty of reporting immediately to the department any violation of the provisions of Section 61-9-410 hereof, institute proceedings to revoke or suspend any such permit after a hearing at which the permittee shall be given an opportunity to be heard. Such hearing shall be held in such manner and upon such notice as may be prescribed by rules of the department. The judgment of the hearing officer or the department revoking or suspending such permit shall not be superseded or stayed during the pendency of an appeal therefrom.

Section 61-9-430. Upon the revocation, cancellation or suspension of a license or permit to sell beer or wine, at wholesale or retail, the licensee shall immediately surrender his license to the department.

Section 61-9-440. It shall be unlawful for any licensee, or any holder of a license to sell beer or wine at wholesale or retail, to sell or offer to sell beer or wine after such license shall have been revoked or canceled or during the period of a suspension of such license.

Section 61-9-450. Any person violating any of the provisions of Sections 61-9-430 or 61-9-440 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and such imprisonment, in the discretion of the court.

Article 5

Provisions Affecting Wine Only

Section 61-9-610. Regulation No. 4 of the Treasury Department, Federal Alcohol Administration Division, relating to `Labeling and Advertising of Wine', is hereby adopted for the labeling and advertising of wine sold or offered for sale in this State, except insofar as the same shall differ from existing laws of the State or from any regulations adopted by the department.

Section 61-9-615. Notwithstanding any other provision of law, any licensed winery in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell such domestic wine with an alcoholic content of fourteen percent or less on the winery premises and deliver or ship such wine to consumer homes within or without the State. Such domestic wineries are further authorized to provide without cost wine taste samples to prospective customers.

Section 61-9-617. Permitted wineries which produce and sell only domestic wine as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in South Carolina. Domestic wine must be delivered between 7:00 a.m. and 7:00 p.m.

Section 61-9-620. It shall be unlawful for any person to import, sell or offer for sale in this State wines of which the labels, standards, or identity do not conform to the provisions of said Regulation No. 4. Imitation, concentrate and substandard wines, as defined in said Regulation No. 4, are hereby prohibited from sale in this State.

Section 61-9-625. No person other than a registered producer may ship or move, or cause to be shipped or moved, any beer, ale, porter, malt beverage, or wine from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined, and it is unlawful for any wholesaler in this State to order, purchase, or receive any beer, ale, porter, malt beverage, or wine from any producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term primary American source of supply means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, or bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section do not apply to any person who produces beer, ale, porter, malt beverage, or wine solely in this State and who subsequently ships or sells this beer, ale, porter, malt beverage, or wine solely in this State.

Section 61-9-626. An individual may order wine produced outside this State, which has not been approved or licensed for sale or distribution in this State, from an in-state wholesaler by placing a special order for this wine with the out-of-state winery. The wine may then be shipped by the winery to that wholesaler who, after paying or affixing the necessary taxes or tax stamps, is authorized to sell this wine to that individual through a licensed retailer.

Section 61-9-630. The importation into, offering for sale or sale in this State of any product as `wine' to which any substance shall have been added, except as permitted by federal law and regulations and except pure fruit or vegetable products derived from the same kind of fruit or vegetable from the juice of which the wine was fermented, is hereby prohibited and declared to be a misdemeanor.

Section 61-9-640. The division shall provide for the inspection of all wines imported into or offered for sale in this State, the expense thereof to be paid from the proceeds of the wine tax. The department may make regulations as to the containers in which wine may be sold at retail and to declare to be `undesirable wine packages' any wine sold in a container prohibited in such regulations or any wine the sale of which is prohibited in Sections 61-9-620 or 61-9-630. The offering for sale or sale in this State of any undesirable wine packages, as declared by the department, under this section, is hereby prohibited and declared to be a misdemeanor.

Section 61-9-650. Any person who shall violate any provision of this article or any rule or regulation promulgated by the department or the division under the authority of this article shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than six months, or both such fine and imprisonment, in the discretion of the court. Any person convicted of violating any of the provisions of this article or any rules or regulations of the department or the division made under authority of this article shall forfeit his permit to sell wine and shall not thereafter for a period of two years be permitted to engage in any business taxable under the provisions of this chapter.

Article 7

Provisions Affecting Beer Only

Section 61-9-810. No person holding a retail permit to sell beer, ale, porter and other similar malt or fermented beverages, issued by the department, shall sell such beverages on draft, on tap or from kegs or other containers on the premises described in the permit, 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 61-9-820. Both the permit issued by the department and the certificate of approval issued by the Department of Health and Environmental Control shall be conspicuously posted on the premises.

Section 61-9-830. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment not less than ten days nor more than thirty days, at the discretion of the court.

Section 61-9-840. In addition to the above penalty, the department, within its discretion, shall have the right to revoke or suspend any retail permit for any violation of this article.

Section 61-9-850. The department and the division shall make and promulgate such rules and regulations as are necessary to carry out enforcement of the beer and wine laws in respect to application for and issuing of beer licenses, permits or brewers' certificates of approval and also make any rules necessary concerning the manner of sale, distribution, promotion and shipment of beer into and within the State. These rules and regulations shall have full force and effect of law. The department shall revoke or suspend the license, permit or brewers' certificate of approval of any person for the violation of any rule or regulation which may be enacted or invoke a penalty, not to exceed the sum of one hundred dollars, for each violation.

Section 61-9-860. It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer provided that a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates.

Article 9

Beer Wholesaler Franchise

Section 61-9-1010. (1) It shall be unlawful for any producer holding a certificate of registration from the department (hereinafter called a registered producer) or any officer, agent, or representative of any registered producer: (a) to coerce, or attempt to coerce, or persuade, any person holding a permit to sell beer, ale, porter, and other similar malt or fermented beverages at wholesale (hereinafter referred to as a beer wholesaler) to enter into any agreement to take any action which would violate any provision of this article or any ruling or regulation promulgated pursuant to law in accordance therewith; or (b) to unfairly, without due regard to the equities of such beer wholesaler, or without just cause or provocation, to cancel or terminate any agreement or contract, written or oral, or franchise, or any contractual franchise relationship of such wholesaler existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; provided, also, that this provision shall be a part of any contractual franchise relationship, whether written or oral, between any beer wholesaler and any registered producer doing business with such beer wholesaler, just as though such provision had been specifically agreed upon between such beer wholesaler and such registered producer; provided, further, however, notice of intention to cancel such agreement or contract, written or oral, or franchise or contractual franchise relationship shall be given in writing at least sixty days prior to the date of such proposed cancellation or termination. Such notice shall contain (i) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, or franchise or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation. (2) It shall be unlawful for any beer wholesaler: (a) to enter into an agreement or take any action which would violate or tend to violate any provision of this article or any ruling promulgated pursuant to law in accordance therewith; or (b) to unfairly, without due regard for the equities of a registered producer, or without just cause or provocation, to cancel or terminate any agreement or contract, written or oral, or franchise or any contractual franchise relationship of such registered producer existing on May 1, 1974, or thereafter entered into, to sell beer manufactured by the registered producer; provided, that this provision shall become a part of any contractual franchise relationship, whether written or oral, between any beer wholesaler and any registered producer doing business with such beer wholesaler, just as though such provision had been specifically agreed upon between such beer wholesaler and such registered producer; provided, further, however, notice of intention to cancel such agreement or contract, written or oral, or franchise or contractual franchise relationship shall be given in writing at least sixty days prior to the date of such proposed cancellation or termination. Such notice shall contain (i) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, or franchise or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation. (c) to refuse to sell to any licensed retail dealer whose place of business is within the geographical limits specified in any distributorship agreement between the beer wholesaler and the registered producer for the brands involved. (d) to store or warehouse any beer or other malt beverages to be sold in the State of South Carolina in any warehouse located outside of the State of South Carolina.

Section 61-9-1020. If a registered producer and a beer wholesaler licensed by the State at the time that they were engaged in the shipment and receipt of any malt beverages intended for sale within the State of South Carolina on May 1, 1974, and such shipment and receipt shall be continued until April 1, 1974, the limitations on the cancellation or termination of any agreement or contract, written or oral, or franchise, or any contractual franchise relationship provided in Section 61-9-1010(1)(b) and in Section 61-9-1010(2)(b) above shall be applicable with respect to such shipment and receipt of such malt beverages so that neither the registered producer nor the beer wholesaler shall have the right to discontinue such shipment and receipt except under the conditions specified in those subsections.

Section 61-9-1030. The court of common pleas is hereby vested with jurisdiction and power to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered producer, at the application of such beer wholesaler or producer who is or might be adversely affected by such cancellation or termination, and, in granting an injunction the court shall make such provisions as might be necessary to protect such beer wholesaler or registered producer while such injunction is in effect, including, but not limited to, a provision that such registered producer shall not supply the customers of such beer wholesaler by servicing such customers through other distributors or means or a provision that such beer wholesaler shall continue to supply to his customers the products of the registered producer. Application may be made by the beer wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond to be posted on the part of the party seeking such injunction, securing the party enjoined for such damages and in such amount as to the court may appear proper.

Section 61-9-1040. (1) Except as hereinafter provided, any proposed sale of an interest in the business carried on by any beer wholesaler which under the laws of this State would require that the purchaser obtain a permit to operate as a beer wholesaler shall be subject to the approval of the purchaser by the department as an applicant for a permit authorizing the sale of beer. If the application of such prospective purchaser for such permit is approved, it shall be unlawful, notwithstanding the terms, provisions or conditions of any contract, written or oral, or the franchise agreement between such beer wholesaler and the registered producer, for any registered producer to fail or refuse to approve the aforedescribed transfer or change of ownership; provided, further, that in the case of any proposed sale with respect to which the purchaser has been approved by the department, the registered producer shall have the right to require that the interest in the business carried on by the beer wholesaler be transferred to the registered producer upon the same terms and conditions as such interest would have been transferred to the prospective purchaser. If the registered producer shall not, within sixty days after receipt of notification by certified mail of such proposed sale, notify the beer wholesaler by certified mail of the exercise of such right by the registered producers, such right may not thereafter be exercised. (2) Except as hereinafter provided, any proposed voluntary transfer of an interest in the business carried on by any beer wholesaler or any transfer of ownership in such business by death shall be subject to the approval of the prospective transferee by the registered producer. Such approval shall not be unreasonably withheld. If notice of disapproval of such prospective transferee shall not be given by certified mail by the registered producer within sixty days after receipt of notification of such proposed voluntary transfer or within sixty days after the death of the owner of the interest, such right of disapproval may not thereafter be exercised. In the event that such right of disapproval is exercised by the registered producer, the registered producer shall, within sixty days thereafter, pay to the prospective transferee the fair market value of the interest in the business proposed to be transferred. In the event that agreements cannot be reached between the registered producer and the transferee within such period, the registered producer shall be deemed to have acquired the interest proposed to be transferred and shall pay the prospective transferee the value of such interest. The value of such interest shall be determined by an appraiser appointed by the prospective transferee and an appraiser appointed by the registered producer. If such two appraisers cannot agree upon the value, the court of common pleas for the county in which the principal place of business of the beer wholesaler is located shall appoint a disinterested person as a third appraiser. Such appointment shall be made as soon as practicable. The prospective transferee and the registered producer shall each have the right within sixty days to appeal to the court of common pleas or any other court of competent jurisdiction in the county in which the principal place of business of the beer wholesaler is located from the determination of the price to be paid.

Section 61-9-1050. The division is empowered to investigate any violations of this article and to furnish to the prosecuting attorney of any court having jurisdiction of the offense information with respect to any violations of this article. The division shall have the power to enforce compliance with the provisions of any injunction granted by the court under the terms of this article, and, if the court finds that there has been a violation of the provisions of any injunction granted by it, the department may revoke or suspend the permit of any beer wholesaler and may revoke the registration of any registered producer and its right to ship beer into the State of South Carolina.

Article 10

Territorial Restrictions; Distribution Agreements

Section 61-9-1100. Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution and to promote the public's interest in fair and efficient distribution of beer, ale, porter, and other similar malt or fermented beverages, and to assure the public's interest in uniform and effective control of the distribution of such beverage products within the State, a wholesaler may sell any brand of such beverage products in this State only in the territory described in a distribution agreement filed pursuant to this article authorizing sale by the wholesaler of the brand within that designated area. Within that designated area the wholesaler shall service all holders of retail permits without discrimination. The distribution agreement must be in writing, must specify the brands it covers, and must be filed with the department. If a brewer sells several brands, the agreement need not apply to all brands sold by the brewer and may apply to only one brand. No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or any part of the designated territory. A wholesaler may, however, service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when so requested by the brewer and the wholesaler whose service is temporarily interrupted with the approval of the department.

Section 61-9-1110. Each wholesaler must file a copy of its distribution agreement with the department within sixty days following the effective date of this article and any amendments thereto must be filed within sixty days after adoption.

Section 61-9-1120. No provision of any distribution agreement may expressly, by implication, or in its operation, establish or maintain the resale price of any brand of such beverage products by a wholesaler.

Article 11

Construction and Operation of Breweries and Wineries

Section 61-9-1210. Any person may construct, maintain or operate any brewery or winery within this State for the production of any of the beverages legalized under this chapter.

Section 61-9-1220. A person desiring to construct, maintain, or operate a brewery or winery under this article first shall apply to the department for a permit. The application must be in writing in a form the department may prescribe. The applicant is subject to the payment of a biennial permit tax upon each brewery and on each commercial winery to be established and operated of two hundred dollars which must be paid to and collected by the department before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises is subject to the payment of a permit fee of only ten dollars biennially. The permit expires December biennially. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer commencing business during one of these intervals shall pay for the eighth of the permit period in which business is commenced and for the eighth of the permit period during the remainder of the period, but no refund may be made to a dealer who ceases business after securing a permit.

Section 61-9-1230. All wines and brewed products referred to in this article shall be stamped by the manufacturer or producer in the manner provided by law for paying the tax on soft drinks and at the rates provided in Article 7 of Chapter 21 of Title 12. But a manufacturer or producer of beer or wine shall not be required to affix the tax-paid crowns or stamps to beer and wine intended to be sold outside this State.

Section 61-9-1240. The department and the division shall make rules and regulations for the operation of breweries and commercial wineries authorized under this article. Such rules and regulations after they are reduced to writing, filed with the Secretary of State as required by law and mailed or otherwise delivered to a person operating a brewery or winery shall have the force and effect of law and upon violation of any such rules and regulations the license or permit provided for herein shall be forthwith canceled and become null and void.

Section 61-9-1250. Any person operating a brewery or winery without having secured a permit from the department or after his permit has been canceled by the department shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than five thousand dollars or imprisoned not more than one year, either or both.

Section 61-9-1260. For the purpose of administration and enforcement of this article so much of Chapter 21 of Title 12, wherever applicable, is hereby adopted and made a part hereof.

Section 61-9-1270. (a) All beer and wine purchased by military establishments located in the State shall be purchased from wholesalers licensed in this State to sell such beer and wine. Purchase orders from the military establishments shall be furnished to a licensed wholesaler and the orders shall be processed and delivered by the wholesaler as nonmilitary orders are processed and delivered except that the delivery shall be made to the military establishments rather than to a licensed retailer. (b) Beer and wine sold to the military establishments shall be exempt from state beer and wine taxes. (c) The department and the division may promulgate regulations necessary to implement the provisions of this section. (d) Any registered producer who sells beer and wine in violation of this section shall have its certificate of registration, as provided for in Section 12-21-1510, suspended for such period as the department shall determine."

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SECTION 1587. Section 61-9-340 of the 1976 Code is amended to read:

"Section 61-9-340. When upon the filing of a verified application with the department it is shown that the foregoing qualifications and conditions are met and when upon investigation of the department it is determined by the department that the applicant is a fit person to sell beer or wine and that the location of the proposed place of business is a proper one, the department shall issue a permit to such applicant to sell beer or wine on the premises described in the application upon the payment of the fee prescribed by law. Any misstatement or concealment of fact in an application shall be a sufficient ground for the revocation of the permit issued by reason of such application. The department may, in those cases where it deems necessary, require an applicant to post a cash bond or surety bond with a bonding company approved by the Department of Insurance, as an additional condition for a permit. The bond shall be in such amount as may be determined by the department and shall be subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine."

Record in administrative proceedings

SECTION 1588. Section 61-13-295 of the 1976 Code is amended to read:

"Section 61-13-295. If any permittee or licensee, or servant, agent, or employee of the permittee or licensee pleads guilty or nolo contendere to, or is convicted of any criminal offense which occurred on the licensed premises, the conviction or plea constitutes proof that the offense occurred and the record thereof is admissible in an administrative proceeding before the commission or the Alcoholic Beverage Control Hearing Officer."

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SECTION 1589. Section 61-13-410 of the 1976 Code is amended to read:

"Section 61-13-410. Any person who, upon demand of any officer or agent of the division, refuses to allow full inspection of the premises or any part of it which is licensed to sell alcoholic liquors or beer or wine, or refuses to allow full inspection of the stocks and invoices of the licensee or who hinders or in any way hinders or prevents the inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for a period not exceeding sixty days, or both."

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SECTION 1590. Section 61-13-470 of the 1976 Code is amended to read:

"Section 61-13-470. The clerk of court of each county in the State shall, at the conclusion of each term of the court of general sessions therein, forward to the department a certificate on forms prescribed and furnished by the department showing the name of each person who is convicted, pleads guilty, enters a plea of nolo contendere or forfeits bond for the violation of any of the provisions of this article, except Section 61-13-360. The department shall maintain a file of such violations and a copy of its records pertaining to such conviction, certified as correct by the director of the beverage tax division, or by any member of the department, shall be admissible in all courts as prima facie evidence of the facts therein recited. The department shall, upon receipt of a record of conviction, plea of guilty, plea of nolo contendere or forfeiture of bond for the violation of the provisions of this article prohibiting the transportation of alcoholic liquors, forward to the Department of Public Safety a duly certified copy of such record."

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SECTION 1591. Section 61-13-500 of the 1976 Code is amended to read:

"Section 61-13-500. A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere, under the provisions of this article, except Section 61-13-360, shall automatically revoke any beer, wine, or liquor license which this State may have at any time issued to the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere; however, as an alternative to the revocation of any beer, wine, or liquor license, as above provided, the department may in its discretion impose a monetary penalty in lieu of the revocation. For the first offense, the license shall either be revoked for a period of one year, or the licensee shall pay a penalty to the department in the sum of two hundred fifty dollars. In the event of a subsequent offense, the offender's license or licenses shall be revoked for a period of two years, or the licensee shall pay a penalty in the sum of five hundred dollars to the department. In the event that the department exercises its right to impose the monetary penalty provided for herein in lieu of a revocation of a license and if, for any reason, the penalty is not paid within ten days of demand by the department, the license or licenses shall be automatically revoked as herein provided. If the party convicted, pleading guilty, forfeiting bond or pleading nolo contendere does not possess a license to sell beer or liquor, in the event of his first offense, he shall not be eligible for the issuance of such a license for a period of one year. In the event of a subsequent offense, he shall not be eligible for the issuance of such a license for a period of two years."

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SECTION 1592. Section 61-13-510 of the 1976 Code is amended to read:

"Section 61-13-510. For all violations of Chapters 3, 7, 9, and 13 of this title, or of Chapter 21 or 33 of Title 12, and for any violation of any regulation promulgated by the department or the division pertaining to beer, wine, or liquor, the department may, in its discretion, impose a monetary penalty upon the holder of any beer, wine or liquor license in lieu of suspension or revocation thereof. In such cases the amount of penalty imposed, if any, shall be determined within the limits prescribed hereafter in each case by the department after a hearing as provided in Sections 61-3-770 or 61-9-420. For any of such violations retail beer and wine licensees shall be subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars. Wholesale beer and wine licensees and retail liquor licensees shall be subject to a penalty of not less than one hundred dollars nor more than one thousand five hundred dollars and wholesale liquor licensees shall be subject to a penalty of not less than five hundred dollars nor more than five thousand dollars. In the event the department imposes a monetary penalty; as provided above, and if, for any reason, the penalty is not paid within ten days after demand thereof by the department, such license or licenses may be suspended or revoked by the department."

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SECTION 1593. Section 61-13-540 of the 1976 Code is amended to read:

"Section 61-13-540. The South Carolina Department of Revenue and Taxation, upon notice that any person has been convicted, pleaded guilty, or forfeited bond, or entered a plea of nolo contendere for the violation of any of the provisions of this article prohibiting the transportation of alcoholic liquors, shall suspend the driver's license of such person for a period of six months for a first offense, for a period of one year for the second offense, and for a period of two years for a third and subsequent offense; and such person shall not, during the period of any suspension made hereunder, have any vehicle registered in his name under the laws of this State."

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SECTION 1594. Section 61-13-570 of the 1976 Code is amended to read:

"Section 61-13-570. Any alcoholic liquors seized by the department, its agents, or by the division shall be sold by the department at public auction to the highest bidder after due advertisement and the proceeds of such sale shall be turned over to the State Treasurer, as other funds collected by the department, after first paying the cost of confiscation and sale. Any alcoholic liquors seized by any peace officer, except the department, its duly authorized agents, or by the division, shall be delivered to the sheriff of the county in which such seizure is made and the sheriff shall take possession of such alcoholic liquors so seized for sale at public auction to the highest bidder after due advertisement. The proceeds of such sale, after payment of the costs of confiscation and sale, shall be immediately turned over to the treasurer of the county in which the seizure was made; provided, however, that when municipal officers make such seizure, the chief of police shall take possession of such alcoholic liquors so seized for sale at public auction to the highest bidder after advertisement, and the proceeds of such sale, after payment of costs of confiscation and sale, shall be turned over to the treasurer of the municipality in which the seizure was made. No sale of alcoholic liquors seized and sold in accordance with the provisions of this section shall be made to any person other than a duly licensed manufacturer, wholesaler or retail dealer; and all such goods so seized shall, before delivery to any purchaser, be stamped by such purchaser with the proper amount of stamps on each individual package."

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SECTION 1595. Section 61-13-620 of the 1976 Code is amended to read:

"Section 61-13-620. Should a chattel seized under this article be a vehicle registered with the South Carolina Department of Revenue and Taxation, the sheriff shall ascertain from the Department of Revenue and Taxation the name and address of the person in whose name such car is registered and shall notify such person by registered mail of such seizure; should the chattel be a vehicle registered in another state, the sheriff shall request the Department of Revenue and Taxation to ascertain the name and address of the registered owner of such vehicle, and shall notify such owner in like manner."

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SECTION 1596. Section 61-13-630 of the 1976 Code is amended to read:

"Section 61-13-630. Immediately upon notification being given by the sheriff as required by Section 61-13-620 or upon notice from the Department of Revenue and Taxation that the name of the registered owner of the seized vehicle cannot be ascertained, the sheriff shall give notice of the seizure made under this article by advertisement thereof at least once a week for a period of three weeks in a paper of general circulation in the county. Such advertisement shall allege the seizure, describe the chattel, set forth in general terms the grounds of forfeiture of the seized property, and the date upon which sale thereof is to be made, which date shall be not less than sixty days after seizure of the chattel."

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SECTION 1597. Section 61-13-750 of the 1976 Code is amended to read:

"Section 61-13-750. The sheriff of each county shall, upon seizure of or delivery to him of any chattel seized under the provisions of this article, report the seizure of such chattel to the department, setting forth in such report a description of the chattel, the name of the owner, if known, the grounds upon which the chattel has been seized, by whom it was seized, and the appraised value thereof, if such appraisal has been made. Each sheriff shall likewise, after the chattel has been sold or disposed of in accordance with the provisions of this article, make a report to the department, setting forth the amount of such sale, the purchaser, the disposition of the proceeds, or whatever disposition has been made of the chattel by the sheriff pursuant to an order of court. The department shall establish a system for the filing and recording of such reports made to it."

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SECTION 1598. Section 61-13-810 of the 1976 Code is amended to read:

"Section 61-13-810. It is unlawful for a person, with or without a beer or wine permit, to sell or to offer for sale beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having an alcoholic content, when the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. Violation of this section is a misdemeanor and is punishable in the discretion of the court. In addition, drinks are declared contraband and must be seized by any duly authorized agent, or inspector of the division, or by any peace officer, and must be disposed of in a manner as provided by law for the disposition of illegal alcoholic liquors."

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