Current Status Introducing Body:House Bill Number:3889 Primary Sponsor:McAbee Committee Number:11 Type of Legislation:GB Subject:Hospitality Cabinets Residing Body:Senate Current Committee:Judiciary Computer Document Number:NO5/7103BD.93 Introduced Date:19930407 Date of Last Amendment:19930602 Last History Body:Senate Last History Date:19930603 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McAbee R. Young Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3889 Senate 19930603 Introduced, read first time, 11
referred to Committee
3889 House 19930603 Read third time, sent to
Senate
3889 House 19930602 Amended, read second time
3889 House 19930602 Objection by Representative Robinson
Wells
3889 House 19930601 Debate adjourned until
Wednesday, June 2, 1993
3889 House 19930601 Objection by Representative Marchbanks
Simrill
3889 House 19930601 Amended
3889 House 19930526 Committee Report: Favorable 26
with amendment
3889 House 19930407 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED
June 2, 1993
H. 3889
S. Printed 6/2/93--H.
Read the first time April 7, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
Section 61-5-510. As used in this article:
(1) `Alcoholic beverages' means alcoholic liquors, as defined in Section 61-3-20, and beer and wine, as defined in Section 61-9-10.
(2) `Legal drinking age' means the age when a person legally may purchase or consume an alcoholic beverage.
(3) `Hospitality cabinet' means a closed container, refrigerated in whole or in part or nonrefrigerated, where access to the interior portion where alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.
(4) `Qualified facility' means a hotel, inn, or motel licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It includes condominiums owned or managed by an otherwise qualified facility.
(5) `Qualified registered guest' means each person of legal drinking age who signs the guest register of a qualified facility or takes equivalent action for the purpose of registering as a guest of the qualified facility.
Section 61-5-520. After approval by ordinance by the governing body of the county or municipality in which a qualified facility licensed to sell alcoholic beverages on its premises is located, the qualified facility also may sell the beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these guests, if the conditions of this chapter are met. Within ten days of approval by the governing body, qualified facilities within its jurisdiction and the South Carolina Alcoholic Beverage Control Commission must be notified of the approval.
Section 61-5-530. (A) The type of alcoholic beverages contained in a hospitality cabinet of a qualified facility is limited to those beverages for which the facility is licensed to sell on premises.
(B) The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time.
Section 61-5-540. A hospitality cabinet may be part of another furniture unit or device, refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, if nonalcoholic beverages or food may be purchased, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored must be a hospitality cabinet as defined in Section 61-5-510.
Section 61-5-550. (A) Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.
(B) Access to a hospitality cabinet in a particular guest room must be provided, by furnishing a key, magnetic card, or similar device, only to a qualified registered guest of legal drinking age, if any, registered to stay in the guest room. However, access must be limited to those hours that the qualified facility is licensed to sell alcoholic beverages.
(C) Before providing a key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that the qualified registered guest is of legal drinking age.
(D) A key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room may be given only to the qualified registered guest if requested by that guest and if the guest is not visibly or obviously intoxicated.
Section 61-5-560. (A) Alcoholic beverages used to restock and replenish a facility's hospitality cabinets must be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are restocked and replenished.
(B) The hospitality cabinets may be restocked and replenished with alcoholic beverages only during those hours when the beverages may be sold on the premises.
Section 61-5-570. The governing body of the county or municipality in which a qualified facility is located may disallow the use of hospitality cabinets within its jurisdiction after approval pursuant to Section 61-5-520. This authority may be exercised by the governing body by ordinance which takes effect three months after receipt of its certification by the South Carolina Alcoholic Beverage Control Commission and notification of qualified facilities within the jurisdiction.
Section 61-5-580. The Alcoholic Beverage Control Commission shall promulgate regulations to implement this article."
SECTION 2. This act takes effect upon approval by the Governor.