Current Status Bill Number:4399 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:Whatley All Sponsors:Whatley, Herdklotz, Hutson, Haskins, Bailey, Law, Moody-Lawrence Drafted Document Number:BBM\10465HTC.96 Companion Bill Number:979 Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Retail liquor license requirements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960109 Introduced, read first time, 26 HLCI
referred to Committee
House 19951220 Prefiled, referred to Committee 26 HLCI
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-130 SO AS TO PROHIBIT THE SUBMISSION TO THE DEPARTMENT OF REVENUE AND TAXATION OF AN APPLICATION FOR A RETAIL LIQUOR LICENSE FOR A LOCATION WITHIN TWO YEARS OF THE REJECTION OF A SIMILAR LICENSE FOR THE SAME LOCATION, TO REQUIRE ALL APPLICATIONS FOR BEER, WINE, AND ALCOHOLIC LIQUOR PERMIT AND LICENSE RENEWALS FILED WITH THE DEPARTMENT TO CONTAIN THE APPLICANT'S STATEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF LAW RELATING TO THESE PERMITS AND LICENSES OR A RECORD OF VIOLATIONS FOR THE LOCATION, AND TO ALLOW THE DEPARTMENT TO REJECT AN APPLICATION WHEN IT DETERMINES A PATTERN OF VIOLATIONS FOR THE LOCATION; AND TO AMEND SECTION 61-3-440, AS AMENDED, RELATING TO THE DISTANCE FROM A CHURCH, SCHOOL, OR PLAYGROUND REQUIRED FOR A PLACE OF BUSINESS TO BE LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO REQUIRE A MINIMUM ONE THOUSAND FEET REGARDLESS OF LOCATION, AND TO EXEMPT FROM THE REQUIREMENT RENEWAL OF LICENSES OF ESTABLISHMENTS OR LOCATIONS LICENSED AS OF JULY 1, 1996.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-3-440 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 61-3-440. The department shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred one thousand feet of any church, school, or playground situated outside of a municipality. Such This distance shall must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such the church, school, or playground regardless of where the church, school, or playground is actually situated on the grounds., which, as used herein, shall be defined as follows:
As used in this section:
(1) `church', means an establishment, other than a private dwelling, where religious services are usually conducted;
(2) `school', means an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) `playground', means a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.
The above restrictions shall do not apply to the renewal of licenses existing on July 10, 1960 1, 1996, or to locations then existing."
SECTION 2. Chapter 1, Title 61 of the 1976 Code is amended by adding:
"Section 61-1-130. In addition to all other requirements for initially issuing or renewing any license or permit under this chapter:
(1) If the department rejects an application for a retail liquor license, no application for the same location may be submitted within two years of the date the previous application was rejected.
(2) Every application to renew a license or permit issued under this chapter must be reviewed by the department for the location's record of compliance with the requirements of this chapter and applicable regulations. Every renewal application must have attached to it a record of all violations relating to this location in the current license or permit period. The department may reject an application when it determines a consistent pattern of violations."
SECTION 3. This act takes effect July 1, 1996.