South Carolina General Assembly
115th Session, 2003-2004

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Bill 3223

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 23, 2003

H. 3223

Introduced by Reps. Lourie, Altman, Bailey, Bales and Richardson

S. Printed 4/23/03--H.

Read the first time January 14, 2003.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3223) to amend Section 61-4-520, as amended, Code of Laws of South Carolina, 1976, relating to applications for permits authorizing the sale of beer or wine, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION    1.    Section 61-4-520(9) of the 1976 Code, as added by Act 415 of 1996, is amended to read:

"(9)    Notice has been given by displaying a sign for fifteen days two signs at the site of the proposed business. Notice is deemed effective fifteen days after the initial posting of the signs. The sign signs must:

(a)    state the type of permit sought;

(b)    state where an interested person may protest the application;

(c)    be in bold type;

(d)    cover a space at least eleven twelve inches wide and eight and one-half eighteen inches high;

(e)    be posted and removed by an agent of the division; and

(f)        be posted by placing one sign at the location and the other sign on the main thoroughfare nearest the location."

SECTION    2.    Section 61-6-180(B) of the 1976 code, as last amended by Act 304 of 2000, is further amended to read:

"(B)    Notice also must be given by displaying a sign for fifteen days two signs at the site of the proposed business. Notice is deemed effective fifteen days after the initial posting of the signs. The sign signs must:

(1)        state the type of license sought;

(2)        state where an interested person may protest the application;

(3)        be in bold type;

(4)        cover a space at least twelve inches wide and eighteen inches high; and

(5)        be posted and removed by an agent of the division; and

(6)        be posted by placing one sign at the location and the other on the main thoroughfare nearest the location.

The provision of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for a renewal of his license to engage in the same business at the same location."

SECTION    3.    This act takes effect on the first day of the third month after approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 61-4-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR PERMITS AUTHORIZING THE SALE OF BEER OR WINE AND SECTION 61-6-180, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES TO SELL ALCOHOLIC LIQUORS AND OTHER BEVERAGES, SO AS TO PROVIDE THAT THE NOTICES REQUIRED TO BE PUBLISHED IN CONNECTION WITH THESE APPLICATIONS MUST BE PUBLISHED IN THE NEWSPAPER OF GREATEST CIRCULATION IN THE AREA WHERE THE ESTABLISHMENT IS TO BE LOCATED.

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

SECTION    1.    Section 61-4-520(8) of the 1976 Code, as amended by Act 89 of 2001, is further amended to read:

"(8)    Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely of greatest circulation in the area where the establishment is to be located to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must:

(a)    be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;

(b)    be in large type, covering a space of one column wide and at least two inches deep; and

(c)    state the type license applied for and the exact location of the proposed business.

An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department."

SECTION    2.    Section 61-6-180(A) of the 1976 Code is amended to read:

"(A)    A person who intends to apply for a license under this article or Article 7 of this chapter must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to of greatest circulation in the area of the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in the legal notice section of the paper or in an equivalent section if the newspaper has no legal notice section, be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for, and the exact location at which the proposed business is to be operated. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department."

SECTION    3.    The provisions of Sections 61-4-520 and 61-6-180, as amended by this act, shall apply to alcoholic beverage applications submitted on or after the effective date of this act.

SECTION    4.    This act takes effect upon approval by the Governor.

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