Current Status Bill Number:1159 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960221 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:res9919.mtr Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Beer or wine, chilled or refrigerated; may not sell
Body Date Action Description Com Leg Involved
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Senate 19960221 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 61-9-410 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS PROHIBITED ON THE LICENSED PREMISES OF A PERSON LICENSED TO SELL BEER OR WINE, SO AS TO PROHIBIT THE SALE OF BEER OR WINE THAT IS COLD OR THAT HAS BEEN CHILLED, COOLED OR REFRIGERATED AND TO DEFINE THE PHRASE "BEER OR WINE THAT IS COLD OR THAT HAS BEEN CHILLED, COOLED OR REFRIGERATED" TO MEAN BEER OR WINE THAT HAS BEEN STORED OR DISPLAYED FOR SALE AT A TEMPERATURE BELOW THE ORDINARY ROOM TEMPERATURE OF THE AREA OF THE PREMISES WHERE THE BEER OR WINE IS DISPLAYED FOR SALE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-9-410 of the 1976 Code is amended to read:
"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; or
(7) sell beer or wine that is cold or that has been chilled, cooled or refrigerated. For purposes of this section, the phrase "beer or wine that is cold or that has been chilled, cooled or refrigerated" means beer or wine that has been stored or displayed for sale at a temperature below the ordinary room temperature of the area of the premises where the beer or wine is displayed for sale.
A violation of any of the foregoing provisions is a ground for the revocation or suspension of the holder's permit.
SECTION 2. This act takes effect upon approval by the Governor.