South Carolina General Assembly
111th Session, 1995-1996

Bill 1311


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       1311
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960402
Primary Sponsor:                   Elliott 
All Sponsors:                      Elliott 
Drafted Document Number:           jic\5743htc.96
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Liquor and minibottle license,
                                   temporary



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

House   19960430  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19960426  Read third time, sent to House
Senate  19960425  Read second time, unanimous consent
                  for third reading on Friday,
                  19960426
Senate  19960424  Committee report: Favorable              11 SJ
Senate  19960402  Introduced, read first time,             11 SJ
                  referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 24, 1996

S. 1311

Introduced by SENATOR Elliott

S. Printed 4/24/96--S.

Read the first time April 2, 1996.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1311), to amend the Code of Laws of South Carolina, 1976, by adding Sections 61-3-605 and 61-5-86, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

C. TYRONE COURTNEY, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-3-605 AND 61-5-86 SO AS TO AUTHORIZE A TEMPORARY RETAIL LIQUOR LICENSE AND A TEMPORARY MINIBOTTLE LICENSE TO THE PURCHASERS OF A BUSINESS CURRENTLY SO LICENSED, TO PROVIDE THAT NO SUCH TEMPORARY LICENSE MAY BE USED FOR A LOCATION DETERMINED TO BE A PUBLIC NUISANCE, TO REQUIRE THE APPLICANT FOR THE LICENSE TO EITHER ALREADY HOLD A PERMANENT RETAIL LIQUOR OR MINIBOTTLE LICENSE OR TO HAVE HAD A STATE LAW ENFORCEMENT DIVISION CRIMINAL HISTORY BACKGROUND CHECK CONDUCTED WITHIN THIRTY DAYS, TO PROVIDE FOR THE DURATION OF THE TEMPORARY LICENSE UNTIL A PERMANENT LICENSE IS APPROVED OR DISAPPROVED, BUT NOT LONGER THAN ONE HUNDRED TWENTY DAYS, TO PROVIDE FOR THE REVOCATION OF THE TEMPORARY LICENSE UPON FAILURE TO APPLY FOR A PERMANENT LICENSE IN A TIMELY MANNER, AND TO IMPOSE A TWENTY-FIVE DOLLAR FEE FOR THE TEMPORARY LICENSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 5, Chapter 3, Title 61 of the 1976 Code is amended by adding:

"Section 61-3-605. (A) A person who purchases a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:

(1) the applicant currently holds a valid retail liquor license; or

(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer than one hundred twenty days.

(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining the permanent license in a timely manner, as set forth by the department in regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."

SECTION 2. Article 1, Chapter 5, Title 61 of the 1976 Code is amended by adding:

"Section 61-5-86. (A) A person who purchases a retail business which sells alcoholic liquors in sealed containers of two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:

(1) the applicant currently holds a valid license to alcoholic liquors in sealed containers of two ounces or less; or

(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.

(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer than one hundred twenty days.

(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining the permanent license in a timely manner, as set forth by the department in regulation.

(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."

SECTION 3. This act takes effect upon approval by the Governor.

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