Current Status Bill Number:
654Ratification Number: 242Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19950322Primary Sponsor: Greg SmithAll Sponsors: Greg SmithDrafted Document Number: RES9668.GSCompanion Bill Number: 3869Date Bill Passed both Bodies: 19960222Date of Last Amendment: 19960220Governor's Action: VDate of Governor's Action: 19960304Action on Governor's Veto: SSubject: Alcoholic beverage permits, accommodations tax
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19960313 Veto sustained Senate 19960306 Veto overridden ------ 19960304 Vetoed by Governor ------ 19960227 Ratified R242 House 19960222 Concurred in Senate amendment, enrolled for ratification Senate 19960220 Returned to House with amendment Senate 19960220 House amendments amended Senate 19960208 Reconsidered vote whereby the Senate concurred in the House amendments and ordered the Bill enrolled for ratification Senate 19960207 Recalled from Legislative Council Senate 19960125 Concurred in House amendment, enrolled for ratification House 19960124 Read third time, returned to Senate with amendment House 19960123 Amended, read second time House 19960111 Debate adjourned until Tuesday, 19960123 House 19950525 Objection withdrawn by Representative Spearman House 19950525 Objection withdrawn by Representative Witherspoon House 19950524 Objection by Representative Richardson Simrill Spearman Rice Witherspoon Mason McMahand House 19950518 Committee report: Favorable 25 HJ House 19950502 Introduced, read first time, 25 HJ referred to Committee Senate 19950501 Read third time, sent to House Senate 19950427 Amended, read second time Senate 19950426 Recalled from Committee, 11 SJ placed on the Calendar Senate 19950322 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
Minibottle permits referendum
SECTION 1. Chapter 5, Title 61 of the 1976 Code is amended by adding:
"Section 61-5-185. (A) Permits authorized by Section 61-5-180 may be issued to bona fide nonprofit organizations and businesses established and licensed under Section 61-5-50, upon application and payment of the filing and permit fees, as authorized in subsection (B).
(B) Notwithstanding any other provision of law, an organization or business may qualify for the issuance of such permits if:
(1) the applicant is an organization or business that is located east of the intracoastal waterway in an area of the county that adjoins a county that has passed a referendum authorizing the issuance of permits pursuant to Section 61-5-180 and has annual accommodations tax collections in excess of six million dollars;
(2) the annual accommodations tax collections in the county where the applicant is located exceeds five hundred thousand dollars; and
(3) a majority of the qualified electors of the 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 has 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 Department of Revenue and Taxation. The question on the ballot shall read substantially as follows:
`Shall the Department of Revenue and Taxation 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. This act takes effect upon approval by the Governor.
In the Senate House ____________________________________________.
President of the Senate
Speaker of the House of Representatives
Approved the ____________ day of ________________________, 1996.
Printer's Date -- February 29, 1996 -- S.