Current Status Bill Number:509 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970311 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:res1324.gfm Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Alcohol, beer and wine permits; special and temporary; applicant who closes for religious purposes during certain hours
Body Date Action Description Com Leg Involved
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Senate 19970311 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT AN APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140 SHALL PAY AN ANNUAL FEE FOR THIS SPECIAL RETAIL PERMIT OF TWO HUNDRED DOLLARS, RATHER THAN ONE THOUSAND DOLLARS, AND TO AUTHORIZE ISSUANCE OF THESE PERMITS FOR ON-PREMISES CONSUMPTION TO AN APPLICANT WHO, FOR RELIGIOUS PURPOSES, REGULARLY CLOSES HIS BUSINESS DURING A PERIOD OTHER THAN THE PERIOD SPECIFIED IN SECTIONS 61-4-120, 61-4-130, AND 61-4-140, AND TO ESTABLISH AN ANNUAL FEE FOR THESE PERMITS OF TWO HUNDRED DOLLARS; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS, SO AS TO PROVIDE THAT AN APPLICANT DOES NOT HAVE TO PAY THE APPLICATION FEE OR THE DAILY PERMIT FEE IF THE APPLICANT CLOSES HIS BUSINESS FOR RELIGIOUS PURPOSES DURING A PERIOD OTHER THAN THE PERIOD AUTHORIZED BY THE PERMIT ISSUED UNDER THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-510(A) of the 1976 Code is amended to read:
"Section 61-4-510. (A)(1)(a) In counties or municipalities where temporary permits are authorized to be issued pursuant to Section 61-6-2010, in lieu of the retail permit fee required pursuant to Section 61-4-500, a retail dealer otherwise eligible for the retail permit under that section may elect to apply for a special version of that permit which allows sales for off-premises consumption without regard to the restrictions on the days or hours of sales provided in Sections 61-4-120, 61-4-130, and 61-4-140. The annual fee for this special retail permit is one thousand dollars, except as provided in subitem (b).
(b) An applicant who, for religious purposes, regularly closes his business during a period other than the period specified in Sections 61-4-120, 61-4-130, and 61-4-140 shall pay an annual fee for this special retail permit of two hundred dollars. The applicant must file an affidavit with the department affirming that the applicant, for religious purposes, closes his business on a day other than the period specified in Sections 61-4-120, 61-4-130, and 61-4-140. The opening of the business during the period the holder claims to close the business for religious purposes is a ground for the revocation or suspension of the holder's permit..
(2) A retail dealer who, for religious purposes, regularly closes his business during a period other than the period specified in Sections 61-4-120, 61-4-130, and 61-4-140 may elect to apply for a special version of the permit authorized in this subsection which allows sales for on-premises consumption. The applicant must file an affidavit with the department affirming that the applicant, for religious purposes, closes his business on a day other than the period specified in Sections 61-4-120, 61-4-130, and 61-4-140. The opening of the business during the period the holder claims to close the business for religious purposes is a ground for the revocation or suspension of the holder's permit. The annual fee for this special retail permit is two hundred dollars."
SECTION 2. Section 61-6-2010(A) of the 1976 Code is amended to read:
"Section 61-6-2010. (A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department in its sole discretion shall specify the terms and conditions of the permit.
An applicant does not have to pay the application fee or the daily permit fee if the applicant closes his business for religious purposes during a period other than the period authorized by the permit issued under this section. Any applicant seeking exemption from payment of the fees must file an affidavit with the department affirming that the applicant closes his business during another period for religious purposes. The opening of the business during the period the holder claims to close the business for religious purposes is a ground for the revocation or suspension of the holder's permit."
SECTION 3. This act takes effect upon approval by the Governor.