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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Altman, Harrell, Scarborough and Viers
Document Path: l:\council\bills\dka\3625mm03.doc
Introduced in the House on June 3, 2003
Currently residing in the House Committee on Judiciary
Summary: Tobacco products; political subdivisions prohibited from , regulating or prohibiting retail locations authorized to sell alcohol from sale, consumption, or possession of tobacco products
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 6/3/2003 House Introduced and read first time HJ-49 6/3/2003 House Referred to Committee on Judiciary HJ-49 6/4/2003 House Member(s) request name added as sponsor: Viers
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 61-2-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE AUTHORITY OF THE STATE, THROUGH THE DEPARTMENT OF REVENUE, TO REGULATE RETAIL LOCATIONS AUTHORIZED TO SELL BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR OTHER GOVERNMENT OR QUASI-GOVERNMENTAL ENTITY FROM REGULATING OR PROHIBITING THE SALE, POSSESSION, OR CONSUMPTION OF TOBACCO PRODUCTS AT THOSE LOCATIONS, AND TO PROVIDE FOR PENALTIES FOR A VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-2-80 of the 1976 Code, as last amended by an Act of 2003 bearing ratification number 92, is further amended to read:
"Section 61-2-80. (A) The State, through the department, is the
sole and exclusive authority empowered to regulate the operation of all locations authorized to sell beer, wine, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title.
(B)(1) A municipality or county or other local governmental or quasi-governmental entity of the State may not ban, prohibit, or otherwise regulate the possession, sale, use, or consumption of tobacco or tobacco products at a location holding a valid license issued by the department to possess, sell, or serve beer, wine, or alcoholic liquors.
(2) A violation of this subsection subjects the offending entity to ineligibility to receive state funds in the form of aid to subdivisions, or otherwise, and requires forfeiture of funds received as of the effective date of its attempted regulation, by ordinance or otherwise, of tobacco sale, possession, or use in the licensed location.
(3) This subsection does not limit or restrict the licensee's right to establish conditions on the use of tobacco as the licensee determines, including the prohibition or restriction of the use of tobacco products on the premises.
Nothing contained in This section may be considered as prohibiting does not prohibit judicial appeals from decisions of the administrative law judge division, as authorized by Chapter 23 of Title 1, nor as limiting or limit the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department."
SECTION 2. This act takes effect upon approval by the Governor.
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