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S. 642

STATUS INFORMATION

General Bill
Sponsors: Senators Ritchie, Richardson, Fair and McConnell
Document Path: l:\council\bills\nbd\11620ac03.doc

Introduced in the Senate on April 22, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Alcoholic beverages, minimum container reduced to 100 milliliters

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/22/2003  Senate  Introduced and read first time SJ-24
   4/22/2003  Senate  Referred to Committee on Judiciary SJ-24

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/22/2003

TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL DEALERS PERTAINING TO THE SALE OF ALCOHOLIC LIQUORS INCLUDING THE PROHIBITION AGAINST OFFERING TO SELL, SELLING, POSSESSING, OR DELIVERING ALCOHOLIC LIQUORS IN QUANTITIES OR SEPARATE CONTAINERS OF LESS THAN TWO HUNDRED MILLILITERS AND CERTAIN EXCEPTIONS FOR MINIBOTTLES, SO AS TO DECREASE THE MINIMUM QUANTITY TO ONE HUNDRED MILLILITERS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 61-6-1500 of the 1976 Code, as added by Act 415 of 1997, is amended to read:

"Section 61-6-1500.    (A)    No retail dealer may:

(1)    sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two one hundred milliliters;

(2)    own or keep in his possession alcoholic liquors in separate containers containing less than two one hundred milliliters;

(3)    sell, barter, exchange, give, transfer, or deliver, offer for sale, barter, or exchange or permit the sale, barter, exchange, gift, transfer, or delivery of alcoholic liquors:

(a)    between the hours of 7:00 p.m. and 9:00 a.m.;

(b)    for consumption on the premises;

(c)    to a person under twenty-one years of age;

(d)    to an intoxicated person; or

(e)    to a mentally incompetent person;

(4)    permit the drinking of alcoholic liquors in his store or place of business;

(5)    sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)    the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)    the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(6)    redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)    The provisions of this section subsection (A) relating to quantities of less than two one hundred milliliters do not apply to:

(1)(a)    minibottles when authorized by law to be sold to persons licensed to sell minibottles for on-premises consumption; or

(2)(b)    minibottles sold for consumption on commercial aircraft engaged in interstate commerce.

(2)    It is unlawful for a person licensed to sell alcoholic liquors under the provisions of this section to refill a minibottle. A person who violates this provision must, upon conviction, have his license revoked permanently.

(3)    A retail dealer must keep a record of all sales of alcoholic liquors sold in minibottles. The record must include the name of the purchaser and the date and quantity of the sale.

(4)    It is unlawful to sell minibottles except during lawful hours of operation.

(5)    A retail dealer who sells alcoholic liquors in minibottles to a person not licensed under Article 5 of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars and his retail dealer's license may be suspended or revoked in the discretion of the department. As used in this paragraph subsection, 'a person licensed under Article 5 of this chapter' includes his designated agent as a purchaser."

SECTION    2.    This act takes effect upon approval by the Governor.

This web page was last updated on Monday, December 7, 2009 at 10:18 A.M.