South Carolina General Assembly
114th Session, 2001-2002

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Bill 4426


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


COMMITTEE AMENDMENT ADOPTED

May 16, 2002

    H. 4426

Introduced by Reps. Merrill and Law

S. Printed 5/16/02--S.

Read the first time April 9, 2002.

            

A BILL

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.

    Amend Title To Conform

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)(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 section is in addition to the petition method provided in subsection (C).

        (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.

        (4)    An unfavorable vote in a municipal referendum ordered pursuant to this subsection 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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