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April 2, 2002
S. Printed 4/2/02--H.
Read the first time January 8, 2002.
To whom was referred a Bill (H. 4426) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
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 IN A MUNICIPALITY IN PART OF WHICH SUNDAY MINIBOTTLE SALE PERMITS MAY BE ISSUED PURSUANT TO A COUNTY REFERENDUM BY THE GOVERNING BODY OF THE MUNICIPALITY OR BY A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE DELEGATION WHO REPRESENT THE MUNICIPALITY AND TO 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.
Be it enacted by the General Assembly of the State of South Carolina:
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) If as a result of a favorable vote in a county referendum held pursuant to this section permits may be issued in only part of a municipality, then a municipal referendum on the question may be ordered by the municipality's governing body by ordinance or by a resolution adopted by a majority of the members of the legislative delegation representing the municipality. Upon receipt of a copy of the ordinance or resolution filed with the municipal election commission at least sixty days before the date of the general election, the commission shall conduct the referendum at the time of the general election and publish and certify its results in the manner provided in this section. These methods of ordering a referendum are in addition to the petition method provided in this section. 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."
SECTION 2. This act takes effect upon approval by the Governor.
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