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4426Ratification Number: 469Act Number: 353Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20020108Primary Sponsor: MerrillAll Sponsors: Merrill, LawDrafted Document Number: l:\council\bills\bbm\10571htc02.docDate Bill Passed both Bodies: 20020605Date of Last Amendment: 20020605Governor's Action: SDate of Governor's Action: 20020716Subject: Sunday minibottle sale permits, provisions regarding referendums held in municipalities and counties; State lottery tickets may be sold in retail liquor storesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020731 Act No. A353 ------ 20020716 Signed by Governor ------ 20020606 Ratified R469 House 20020605 Conference Committee Report 98 HCC adopted, enrolled for ratification Senate 20020604 Conference Committee Report adopted 88 SCC House 20020529 Conference Committee Appointed 98 HCC Merrill J. Young Simrill Senate 20020529 Conference Committee Appointed 88 SCC Mescher Grooms Matthews Senate 20020529 Insists upon amendment House 20020529 Non-concurrence in Senate amendment Senate 20020528 Amended, read third time, returned to House with amendment Senate 20020522 Amended, read second time, notice of general amendments Senate 20020516 Amended Senate 20020515 Committee report: Favorable with 11 SJ amendment Senate 20020409 Introduced, read first time, 11 SJ referred to Committee House 20020404 Read third time, sent to Senate House 20020403 Read second time House 20020402 Committee report: Favorable 25 HJ House 20020108 Introduced, read first time, 25 HJ referred to Committee House 20011219 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on April 2, 2002 - Word format Revised on May 15, 2002 - Word format Revised on May 16, 2002 - Word format Revised on May 22, 2002 - Word format Revised on May 28, 2002 - Word format Revised on June 5, 2002 - Word format
(A353, R469, H4426)
AN ACT TO AMEND SECTION 61-6-2010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNDAY MINIBOTTLE SALE PERMITS AND THE REFERENDUM APPROVAL REQUIRED IN A COUNTY OR MUNICIPALITY BEFORE SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED IN THE COUNTY OR MUNICIPALITY, SO AS TO PROVIDE THAT A REFERENDUM MAY BE ORDERED BY THE MUNICIPAL COUNCIL OF A MUNICIPALITY IN WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED ONLY IN PART OF THE MUNICIPALITY PURSUANT TO A COUNTY REFERENDUM, TO PROVIDE THAT THE REFERENDUM IS FOR THE PURPOSE OF ALLOWING SUCH PERMITS WHERE PROHIBITED BEFORE, AND PROVIDE THAT A MAJORITY "NO" VOTE IN THE MUNICIPAL REFERENDUM DOES NOT AFFECT THE ISSUING OF SUNDAY MINIBOTTLE SALE PERMITS IN THAT PORTION OF THE MUNICIPALITY WHERE THESE PERMITS WERE LAWFUL; AND TO AMEND SECTION 61-6-1540, RELATING TO LIMITATIONS AND THE EXEMPTIONS THEREFROM ON SALES OF NONALCOHOLIC MERCHANDISE IN A RETAIL LIQUOR STORE, SO AS TO EXEMPT SOUTH CAROLINA STATE LOTTERY TICKETS FROM THE LIMITATION.
Be it enacted by the General Assembly of the State of South Carolina:
Sunday minibottle sales; municipal referendum
SECTION 1. Section 61-6-2010 of the 1976 Code, as last amended by Act 391 of 2000, is further amended by adding a subsection at the end to read:
"(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum."
South Carolina lottery tickets, allowed in retail liquor store
SECTION 2. Section 61-6-1540(A) of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"(A) Except as provided in subsection (B), no other goods, wares, or merchandise may be kept or stored in, or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell:
(1) drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer;
(2) nonalcoholic items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business; and
(3) lottery tickets under the provisions of Chapter 150 of Title 59."
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 6th day of June, 2002.
Approved the 16th day of July, 2002.
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