Current Status Bill Number:3787 Ratification Number:219 Act Number:144 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950314 Primary Sponsor:Richardson All Sponsors:Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas Drafted Document Number:jic\5522htc.95 Date Bill Passed both Bodies:19950613 Date of Last Amendment:19950613 Governor's Action:S Date of Governor's Action:19950720 Subject:Alcoholic beverage licenses, prorated
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950720 Act No. A144
------ 19950720 Signed by Governor
------ 19950615 Ratified R219
House 19950613 Ordered enrolled for ratification
Senate 19950613 Conference Committee Report adopted 88 SCC
House 19950613 Conference Committee Report adopted 98 HCC
House 19950531 Conference powers granted, 98 HCC Richardson
appointed Reps. to Committee of Kelley
Conference Thomas
Senate 19950531 Conference powers granted, 88 SCC Ryberg
appointed Senators to Committee Cork
of Conference Greg Smith
Senate 19950531 Insists upon amendment
House 19950531 Non-concurrence in Senate amendment
Senate 19950530 Amended, read third time,
returned to House with amendment
Senate 19950529 Read second time, notice of
general amendments
Senate 19950524 Recalled from Committee, 11 SJ
placed on the Calendar
Senate 19950501 Introduced, read first time, 11 SJ
referred to Committee
House 19950427 Read third time, sent to Senate
House 19950426 Amended, read second time
House 19950419 Committee report: Favorable with 26 HLCI
amendment
House 19950314 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A144, R219, H3787)
AN ACT TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTION 61-1-105 RELATING TO THE REFUND OF THE AMOUNT OF THE LICENSE OR PERMIT FEE IF A LICENSEE OR PERMITTEE LOSES HIS BUSINESS LEASE, OR CLOSES THE BUSINESS DUE TO FIRE OR OTHER NATURAL DISASTER OR DIES WITHIN THE FIRST YEAR OF THE LICENSE OR PERMIT PERIOD, SO AS TO DELETE THE SPECIFIC REASONS AND PROVIDE THAT IT MUST BE REFUNDED FOR ANY REASON IF OCCURRING DURING THE FIRST YEAR AND PROVIDE THAT NO LICENSEE OR PERMITTEE IS ELIGIBLE FOR A REFUND UNDER THE PROVISIONS OF THIS SECTION IF THE LICENSE OR PERMIT HAS BEEN CANCELED, RELINQUISHED, OR REVOKED AS A RESULT OF AN ENFORCEMENT ACTION OR A FAILURE TO ADHERE TO THE CONDITIONS OF THE LICENSE OR PERMIT; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN BIENNIAL LICENSES AND PERMITS ISSUED AFTER JUNE 30, 1992.
Be it enacted by the General Assembly of the State of South Carolina:
Prorated licenses
SECTION 1. Section 12-33-210 of the 1976 Code, as last amended by Act 501 of 1992, is further amended by adding at the end:
"A person who applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in Section 61-5-80(B)."
Refunds
SECTION 2. Section 61-1-105 of the 1976 Code is amended to read:
"Section 61-1-105. If a biennial licensee or permittee under this title closes the licensed or permitted business for any reason during the first year of the biennial license or permit period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit."
Expiration dates
SECTION 3. Section 61-3-710 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:
"Section 61-3-710. 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;
Expiration dates
SECTION 4. Section 61-5-70 of the 1976 Code, as last amended by Section 1584, Act 181 of 1993, is further amended to read:
"Section 61-5-70. 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."
Expiration dates
SECTION 5. Section 61-9-310 of the 1976 Code, as last amended by Section 1586, Act 181 of 1993, is further amended to read:
"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) A person who initially applies for a permit after the first day of a permit period shall pay permit fees in accordance with the schedule provided in Section 61-5-80(B)."
Repeal
SECTION 6. Section 12-33-220 of the 1976 Code is repealed.
Time effective
SECTION 7. This act takes effect upon approval by the Governor; however, Section 2 applies to bi-annual licenses or permits issued after June 30, 1992.
Approved the 20th day of July, 1995.