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Sponsors: Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, F.N. Smith, Stille, Taylor, Toole, Viers and White
Document Path: l:\council\bills\gjk\20116sd03.doc
Companion/Similar bill(s): 47, 88
Introduced in the House on January 30, 2003
Introduced in the Senate on January 15, 2004
Currently residing in the Senate
Summary: Proposed constitutional amendment to replace minibottle liquor restrictions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/30/2003 House Introduced and read first time HJ-22 1/30/2003 House Referred to Committee on Judiciary HJ-23 5/28/2003 House Committee report: Favorable Judiciary HJ-2 6/3/2003 House Requests for debate-Rep(s). Cotty, Scott, JE Smith, FN Smith, Govan, Perry, Lloyd, Hosey, Skelton, Jennings, Young, Ott and Miller HJ-67 6/4/2003 House Debate adjourned HJ-96 1/14/2004 House Read second time HJ-93 1/14/2004 House Roll call Yeas-90 Nays-10 HJ-96 1/15/2004 House Read third time and sent to Senate HJ-294 1/15/2004 Senate Introduced and read first time SJ-27 1/15/2004 Senate Referred to Committee on Judiciary SJ-27 3/23/2004 Senate Recalled from Committee on Judiciary SJ-6
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VERSIONS OF THIS BILL
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Indicates New Matter
March 23, 2004
Introduced by Reps. Cotty, Gilham, Clemmons, Witherspoon, Edge, Altman, Barfield, Bingham, R. Brown, Chellis, Cooper, Duncan, Govan, Hamilton, Harrison, Herbkersman, M. Hines, Hinson, Keegan, Leach, Limehouse, Littlejohn, Pinson, E.H. Pitts, Rice, Sandifer, Scarborough, F.N. Smith, Stille, Taylor, Toole, Viers and White
S. Printed 3/23/04--S.
Read the first time January 15, 2004.
PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE THE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING DELETING THE PROVISION THAT ON-PREMISES ESTABLISHMENTS ARE LICENSED TO SELL ALCOHOLIC LIQUORS AND BEVERAGES ONLY IN SEALED CONTAINERS OF TWO OUNCES OR LESS, AND TO AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES, INCLUDING PROVISIONS CONCERNING THE RIGHT TO SELL ALCOHOLIC LIQUORS AND BEVERAGES IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:
"Section 1. In the exercise of the police power the General Assembly
shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper; including the right to sell alcoholic liquors and beverages in containers of such size as the General Assembly considers appropriate ; or the General Assembly may prohibit the manufacture and sale and retail of alcoholic liquors and beverages within the State, and may authorize and empower State, county and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it deems expedient. Provided, that no license shall be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; provided, further, that the. The General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell alcoholic liquors or beverages the same. Provided, further, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to delete the detailed requirements for the regulation of alcoholic liquors and beverages, including deleting the provision that on-premises establishments are licensed to sell alcoholic liquors and beverages only in sealed containers of two ounces or less, and to authorize the General Assembly to regulate the sale of alcoholic liquors and beverages, including provisions concerning the right to sell alcoholic liquors and beverages in containers of such size as the General Assembly considers appropriate?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
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