Bill 33

                    Current Status

Bill Number:                    33
Ratification Number:            37
Act Number:                     13
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19970114
Primary Sponsor:                Cork
All Sponsors:                   Cork, Rankin, McConnell and
                                Elliott 
Drafted Document Number:        s-jud\cork\jud6008.hac
Date Bill Passed both Bodies:   19970403
Date of Last Amendment:         19970204
Governor's Action:              U Became law without signature of
                                Governor
Date of Governor's Action:      19970424
Subject:                        Hospitality Cabinets provided,
                                Alcohol and alcoholic beverages, hotels
                                and motels

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

------  19970509  Act No. A13
------  19970424  Unsigned, became law without
                  signature of Governor
------  19970417  Ratified R37
House   19970403  Read third time, enrolled for
                  ratification
House   19970402  Read second time
House   19970326  Objection by Representative                      Davenport
                                                                   Barrett
                                                                   Knotts
House   19970326  Objection withdrawn by Representative            F. Smith
                                                                   McMahand
House   19970325  Objection by Representative                      F. Smith
House   19970325  Request for debate withdrawn
                  by Representative                                Haskins
House   19970325  Request for debate by Representative             Haskins
House   19970325  Request for debate withdrawn
                  by Representative                                Scott
House   19970325  Objection by Representative                      McMahand
House   19970325  Request for debate by Representative             Simrill
                                                                   Sandifer
                                                                   Kirsh
                                                                   Scott
House   19970319  Committee report: Favorable              25 HJ
House   19970205  Introduced, read first time,             25 HJ
                  referred to Committee
Senate  19970205  Read third time, sent to House
Senate  19970204  Read second time, ordered to
                  third reading with notice of
                  general amendments
Senate  19970204  Committee amendment adopted
Senate  19970130  Committee report: Favorable with         11 SJ
                  amendment
Senate  19970114  Introduced, read first time,             11 SJ
                  referred to Committee

(A13, R37, S33)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

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

Hospitality cabinets

SECTION 1. Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:

Section 61-6-2300. As used in this subarticle:

(1) 'Alcoholic beverages' means alcoholic liquors, as defined in Section 61-6-20, and beer and wine, as defined in Section 61-4-10.

(2) 'Legal drinking age' means the age when a person legally may purchase or consume an alcoholic beverage.

(3) 'Hospitality cabinet' means a closed container, refrigerated in whole or in part or nonrefrigerated, where access to the interior portion where alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.

(4) 'Qualified facility' means a hotel, inn, or motel licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It includes condominiums owned or managed by an otherwise qualified facility.

(5) 'Qualified registered guest' means each person of legal drinking age who signs the guest register of a qualified facility or takes equivalent action for the purpose of registering as a guest of the qualified facility.

Section 61-6-2310. After approval by ordinance by the governing body of the county or municipality in which a qualified facility licensed to sell alcoholic beverages on its premises is located, the qualified facility also may sell the beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these guests, if the conditions of this chapter are met. Within ten days of approval by the governing body, qualified facilities within its jurisdiction and the South Carolina Department of Revenue must be notified of the approval.

Section 61-6-2320. (A) The type of alcoholic beverages contained in a hospitality cabinet of a qualified facility is limited to those beverages for which the facility is licensed to sell on its premises.

(B) The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time.

(C) The hours during which guests may have access to a hospitality cabinet are not limited to the hours that the qualified facility is licensed to sell alcoholic beverages unless this provision is specified by the governing body in the ordinance.

Section 61-6-2330. A hospitality cabinet may be part of another furniture unit or device, refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, if nonalcoholic beverages or food may be purchased, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored must be a hospitality cabinet as defined in Section 61-6-2300.

Section 61-6-2340. (A) Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.

(B) Access to a hospitality cabinet in a particular guest room must be provided, by furnishing a key, magnetic card, or similar device, only to a qualified registered guest of legal drinking age, registered to stay in the guest room.

(C) Before providing a key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that the qualified registered guest is of legal drinking age.

(D) A key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room may be given only to the qualified registered guest if requested by that guest and only if the guest is not visibly or obviously intoxicated.

Section 61-6-2350. (A) Alcoholic beverages used to restock and replenish a facility's hospitality cabinets must be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are restocked and replenished.

(B) The hospitality cabinets may be restocked and replenished with alcoholic beverages only during those hours when the beverages may be sold on the premises.

Section 61-6-2360. The Department of Revenue shall promulgate regulations to implement this article.

Section 61-6-2370. In lieu of the punishment provided in Section 61-2-250 and notwithstanding any other provision of law, a person or qualified facility found guilty of violating the provisions of this subarticle is punishable by a civil fine of not less than one hundred dollars."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Became law without the signature of the Governor -- 4/24/97.