South Carolina General Assembly
115th Session, 2003-2004

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Bill 228

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Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

May 8, 2003

S. 228

Introduced by Senator McConnell

S. Printed 5/8/03--H.    [SEC 5/13/03 1:42 PM]

Read the first time February 20, 2003.

            

A BILL

TO AMEND CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOL BEVERAGE CONTROL ACT, SO AS TO ADD SECTION 61-6-710, ESTABLISHING A SPECIAL FOOD MANUFACTURER'S LICENSE TO BE ISSUED BY THE DEPARTMENT OF REVENUE FOR A PERSON WHO MANUFACTURES FOOD ITEMS SUCH AS SAUCES AND MARINADES IN WHICH THERE IS AN ALCOHOLIC BEVERAGE INGREDIENT AND WHO DOES SO UNDER AN AGREEMENT WITH THE ALCOHOLIC BEVERAGE MANUFACTURER, AND TO ALLOW THE PURCHASE OF THE ALCOHOLIC BEVERAGE IN CONTAINERS HOLDING QUANTITIES GREATER THAN THE QUANTITIES SOLD TO THE CONSUMER, AND TO PROVIDE THAT THE DEPARTMENT MUST ESTABLISH THE FORM OF APPLICATION AND CONDITIONS FOR ISSUANCE OF THE LICENSE; TO AMEND SECTION 12-33-210, AS AMENDED, RELATING TO THE TAXES ON LICENSES ISSUED UNDER TITLE 61, SO AS TO INCLUDE A TAX FOR THE SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-2-175, RELATING TO SHIPPING ALCOHOLIC BEVERAGES INTO THE STATE, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGES MAY BE SHIPPED DIRECTLY TO A RESIDENT WHO HOLDS A SPECIAL FOOD MANUFACTURER'S LICENSE; TO AMEND SECTION 61-6-2900, RELATING TO THE SHIPMENT OR TRANSFER OF IMPORTED ALCOHOLIC BEVERAGES, SO AS TO PROVIDE THE ALCOHOLIC BEVERAGES MAY BE SHIPPED TO A PERSON HOLDING A SPECIAL FOOD MANUFACTURER'S LICENSE; AND TO AMEND SECTION 61-6-4050, RELATING TO THE PURCHASE OF ALCOHOLIC LIQUORS FROM LICENSED RETAIL DEALERS SO AS TO ADD ALCOHOLIC LIQUORS PURCHASED PURSUANT TO A SPECIAL FOOD MANUFACTURER'S LICENSE.

Amend Title To Conform

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

SECTION    1.     A.    The 1976 Code is amended by adding:

"Section 61-6-710.    Notwithstanding any other provision of this title, a person who manufactures in this State food items such as sauces and marinades in which there is an alcoholic beverage ingredient and who does so under an agreement with the alcoholic beverage manufacturer must apply for a special food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverage directly from the manufacturer in containers holding greater quantities of liquor than are sold to a retail consumer. The department must establish the form of the application for the special food manufacturer's license."

B.     Section 12-33-210 of the 1976 Code, as last amended by Act 144 of 1995, is further amended to read:

"Section 12-33-210.    The biennial license taxes on licenses granted under Title 61, in addition to all other license taxes, are as follows:

(1)    manufacturer's license: fifty thousand dollars;

(2)    wholesaler's license: twenty thousand dollars; and

(3)    retail dealer's license: one thousand and two hundred dollars.; and

(4)    special food manufacturer's license: one thousand two hundred dollars.

Each applicant shall must pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.

A person who applies for a license after the first day of a license period shall must pay license fees in accordance with the schedule provided in Section 61-6-1810(C)."

C.     Section 61-2-175(A) of the 1976 Code, as added by Act 98 of 1997, is amended to read:

"(A)    Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, or wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title."

D.        Section 61-6-2900 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-2900.    Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the Department of Public Safety, by wholesalers licensed by the department or by registered producers in their own trucks. Alcoholic liquors must be shipped or moved only to the warehouse of the food manufacturer licensed pursuant to Section 61-6-710, or the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors must be either stored in the warehouse of the food manufacturer licensed pursuant to Section 61-1-710 or in a licensed warehouse of the registered producer or, after delivery to the producer representative is complete, may then be shipped to a licensed wholesaler by common carriers described in this section, by wholesalers licensed by the department or by registered producers in their own trucks. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. If alcoholic liquors are stored in the warehouse of a registered producer, or after delivery to the producer representative is complete, they may be shipped to a licensed wholesaler or to a point outside this State. Before any shipment or transfer, the food manufacturer or producer representative, as appropriate, must apply to the department, on forms prescribed by the department, for permission to ship or transfer the alcoholic liquors, and the food manufacturer or producer representative must have received a certificate of approval of the shipment or transfer."

E.     Section 61-6-4050 of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"Section 61-6-4050.    It is unlawful for a person to purchase or otherwise procure alcoholic liquors other than those purchased from licensed retail dealers in the State or those purchased pursuant to a special food manufacturer's license in Section 61-6-710. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:

(a)    for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;

(b)    for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and

(c)    for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety days."

SECTION    2.    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 hundred milliliters;

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

(3)    Notwithstanding items (1) and (2), a retail dealer may sell, offer for sale, barter, exchange, give, transfer, deliver, permit to be sold, own, or keep in his posession alcoholic liquors in separate containers containing one hundred milliliters provided that such containers are packaged together into a single unit of not less than four one hundred milliliter containers;

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

(5)(6)    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)(7)    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 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 a person's designated agent as a purchaser."

SECTION    3.    This act takes effect upon approval by the Governor and Section 1 applies to special food manufacturing licenses applied for on or after July 1, 2002.

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