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COMMITTEE REPORT
May 9, 2000
S. 1370
S. Printed 5/9/00--S. [SEC 5/10/00 5:05 PM]
Read the first time May 2, 2000.
To whom was referred a Bill (S. 1370), to amend Section 61-6-120, as amended, Code of Laws of South Carolina, 1976, relating to the prohibition against establishments licensed to sell alcoholic beverages being located within a specified distance of any church, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
DONALD H. HOLLAND, for Committee.
TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ESTABLISHMENTS LICENSED TO SELL ALCOHOLIC BEVERAGES BEING LOCATED WITHIN A SPECIFIED DISTANCE OF ANY CHURCH, SCHOOL, OR PLAYGROUND, SO AS TO INCLUDE PUBLIC LIBRARIES WITHIN THIS PROHIBITION AND TO DEFINE PUBLIC LIBRARIES FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-120 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"Section 61-6-120. (A) The department shall not grant or issue any license provided for in this article or Article 7 of this chapter, if the place of business is within three hundred feet of any church, school, or playground, or public library situated within a municipality or within five hundred feet of any church, school, or playground, or public library situated outside of a municipality. Such The 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, or public library which, as used herein, shall must be defined as follows:
(1) 'Church', an establishment, other than a private dwelling, where religious services are usually conducted;
(2) 'School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and
(3) 'Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation; and
(4) 'Public library' means a state or local library which is open to the general public. Libraries that are part of secondary schools or colleges, universities, or technical schools are considered to be a part of the school for purposes of this provision.
The above restrictions do not apply to the renewal of licenses, and they do not apply to new applications for locations which are licensed at the time the new application is filed with the department.
(B) An applicant for license renewal or for a new license at an existing location shall pay a five-dollar certification fee to determine if the exemptions provided for in subsection (A) apply."
SECTION 2. This act takes effect upon approval by the Governor.
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