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A317, R340, S532
Sponsors: Judiciary Committee
Document Path: l:\s-jud\bills\judiciary\jud0063.jud.doc
Introduced in the Senate on March 27, 2003
Introduced in the House on February 26, 2004
Passed by the General Assembly on June 1, 2004
Governor's Action: No signature required
Summary: Constitutional amendment; to authorize General Assembly to regulate sale of alcoholic beverages in containers deemed appropriated
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/27/2003 Senate Introduced, read first time, placed on calendar without reference SJ-30 3/31/2003 Scrivener's error corrected 4/17/2003 Senate Special order SJ-15 4/23/2003 Senate Read second time SJ-58 4/23/2003 Senate Ordered to third reading with notice of amendments SJ-58 5/29/2003 Senate Special order SJ-132 1/21/2004 Senate Debate interrupted SJ-19 1/22/2004 Senate Debate interrupted SJ-24 1/29/2004 Senate Debate interrupted SJ-21 2/3/2004 Senate Debate interrupted SJ-26 2/11/2004 Senate Debate interrupted SJ-58 2/12/2004 Senate Debate interrupted SJ-29 2/25/2004 Senate Read third time and sent to House SJ-40 2/26/2004 House Introduced and read first time HJ-5 2/26/2004 House Referred to Committee on Judiciary HJ-6 5/19/2004 House Committee report: Favorable Judiciary HJ-5 5/25/2004 House Requests for debate-Rep(s). Scott, Harrison, JE Smith, Cotty, Littlejohn, Walker, Thompson, Bailey, Lloyd, J Brown, Scarborough, Skelton, Moody-Lawrence, Toole, Weeks, Lee, Davenport, Kirsh, R Brown, Freeman, Anthony, Kennedy, Herbkersman, Koon, and Mahaffey HJ-38 5/26/2004 House Read second time HJ-81 5/26/2004 House Roll call Yeas-72 Nays-34 HJ-82 5/26/2004 House Reconsidered HJ-292 5/26/2004 House Read second time HJ-298 5/26/2004 House Roll call Yeas-65 Nays-44 HJ-298 5/27/2004 House Debate adjourned until Tuesday, June 1, 2004 6/1/2004 House Debate adjourned HJ-30 6/1/2004 House Read third time and enrolled HJ-55 6/1/2004 House Roll call Yeas-84 Nays-25 HJ-55 6/2/2004 Ratified R 340 6/2/2004 No signature required 8/4/2004 Copies available 8/4/2004 Effective date 06/02/04 10/20/2004 Act No. 317
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VERSIONS OF THIS BILL
(A317, R340, S532)
A JOINT RESOLUTION 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 REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.
Be it enacted by the General Assembly of the State of South Carolina:
Alcoholic liquors and beverages
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 has the right to prohibit and to regulate the manufacture, sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, sell, and retail alcoholic liquors or beverages within the State under the rules and restrictions as it considers proper, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. The General Assembly may prohibit the manufacture, 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 considers expedient. However, a license must not 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; however, the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell alcoholic liquors or beverages. However, licenses may be granted to sell and consume alcoholic liquors and beverages on the premises of businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on the premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."
Proposed constitutional amendment ballot question
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 authorize the General Assembly to determine the size of containers in which alcoholic liquors or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?
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'."
Ratified the 2nd day of June, 2004.
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