Current Status Introducing Body:
SenateBill Number: 731Primary Sponsor: ElliottCommittee Number: 26Type of Legislation: GBSubject: Alcoholic beverages, licensing nonprofit organizationsResiding Body: HouseCurrent Committee: Labor, Commerce and IndustryCompanion Bill Number: 3537Computer Document Number: PT/22084DW.93Introduced Date: 19930422Date of Last Amendment: 19930512Last History Body: HouseLast History Date: 19930512Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Elliott Greg Smith RankinType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 731 House 19930512 Introduced, read first time, 26 referred to Committee 731 Senate 19930512 Amended, read third time, sent to House 731 Senate 19930506 Amended, debate interrupted by adjournment 731 Senate 19930505 Debate interrupted by adjournment 731 Senate 19930423 Read second time, notice of general amendments 731 Senate 19930422 Ordered to receive second reading with notice of general amendments on Friday, April 23, 1993 731 Senate 19930422 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
AS PASSED BY THE SENATE
May 12, 1993
Introduced by SENATORS Elliott, Greg Smith and Rankin
S. Printed 5/12/93--S.
Read the first time April 22, 1993.
TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-185 RELATING TO LICENSING OF BONA FIDE NONPROFIT ORGANIZATIONS AND BUSINESS ESTABLISHMENTS UNDER SECTION 61-5-50 WHEN LOCATED EAST OF THE INTERCOASTAL WATERWAY IN A COUNTY WHERE THE ANNUAL ACCOMMODATIONS TAX COLLECTIONS EXCEED SIX MILLION DOLLARS.
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 61-5-185. Permits authorized by Section 61-5-180 must be issued to bona fide nonprofit organizations and business establishments licensed under Section 61-5-50 when located east of the intercoastal waterway in a county where the annual accommodations tax collections exceed six million dollars, and in any land area between the intracoastal waterway and the Atlantic Ocean located in a county contiguous to such county, upon application and payment of the filing and permit fees.
Permits authorized by this section may be issued only in the unincorporated area of a county where a majority of the qualified electors of that area vote in a referendum in favor of the issuance of the permits. The petition must clearly identify the area of the county for which the referendum is sought. The county election commission shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the area for which the authorization to issue permits is sought. The county election commission shall review and certify that the requisite number of signatures have been obtained within a reasonable period of time after receipt not to exceed thirty days and the referendum must be held not less than thirty nor more than forty days after such certification. The election commission shall cause a notice to be published in a newspaper circulated in the area of the county for which authorization to issue a permit is sought 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 Alcoholic Beverage Control Commission. The question on the ballot shall read substantially as follows:
"Shall the Alcoholic Beverage Control Commission be authorized to issue temporary permits in the (portion of the unincorporated area of the county) 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 for a given county area may not be held more often than once in forty-eight months. However, nothing in this section shall be construed to affect a referendum held pursuant to Section 61-5-180.
The expenses of any such referendum must be paid by the county or municipality conducting the referendum."
SECTION 2. If any provision or clause of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 3. This act takes effect upon approval by the Governor.