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Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
April 29, 1999
S. 581
S. Printed 4/29/99--S.
Read the first time March 9, 1999.
TO AMEND ACT 434 OF 1998, RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF DRIVING UNDER THE INFLUENCE PROHIBITIONS, SO AS TO DELETE THE PROHIBITION AGAINST THE SALE OF MALT LIQUOR IN CONTAINERS GREATER THAN ONE LITER.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. SECTIONS 16, 17, and 18 of Act 434 of 1998 are amended to read:
"SECTION 16. (A) No holder of a retail permit issued pursuant to Title 61 which authorizes the sale of beer may sell or offer to sell any container of more than one liter of malt liquor. This provision does not apply to the sale of a keg or box of malt liquor or to alcohol labeled as beer or scotch liquor.
(B) A person who violates the provisions of subsection (A) is subject to a civil penalty of not more than five hundred dollars for a first offense and not more than one thousand dollars for a second offense. In addition to a civil penalty, upon a third offense violation of subsection (A), a person shall have his license or permit revoked or suspended in accordance with Section 61-2-140. Each day of violation constitutes a separate offense.
SECTION 17. If any provision of this act or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
SECTION 18 17. The provisions in Sections 56-5-2950 and 56-5-2951 take effect upon approval by the Governor, except that the provisions in Sections 56-5-2950 and 56-5-2951 pertaining to an alcohol concentration of ten one-hundredths of one percent or more will change to eight one-hundredths of one percent or more, effective upon the ratification of an amendment to Section 1, Article VIII-A of the Constitution of South Carolina, 1895, relating to the sale of alcoholic liquors and beverages in sealed containers of two ounces or less. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each law enforcement vehicle used for traffic enforcement as soon as the law enforcement vehicle used for traffic enforcement is equipped with a videotaping device. The provisions in Section 56-5-2953(A), (B), and (C) take effect for each breath test site as soon as the breath test site is equipped with a videotaping device. The provisions in Section 56-5-2953(D) and (E) take effect upon approval by the Governor. The provisions in Section 56-5-2953(F) take effect one year after approval by the Governor. The Chief of SLED and the Director of the Department of Public Safety shall report to the General Assembly when all breath test sites and law enforcement vehicles used for traffic enforcement are equipped. SECTION 16 takes effect July 1, 2000, unless the General Assembly passes a resolution or bill related to the subject matter of the study committee established in SECTION 11 of this act. All remaining provisions take effect upon approval by the Governor."
SECTION 2. This act takes effect upon approval by the Governor.
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