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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 14, 2004
H. 3223
S. Printed 4/14/04--S. [SEC 4/15/04 3:55 PM]
Read the first time April 29, 2003.
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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-2010(C)(1) of the 1976 Code is amended to read:
"(C)(1) Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot shall be one of the following:
(a) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or
(b) 'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less to bona fide nonprofit organizations and business establishments authorized to be licensed for consumption-on-premises sales and to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' or
(c) in the case of a county or municipality where temporary permits are authorized to be issued pursuant to Section 61-6-2010 as of June 21, 1993, the question may be 'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?' "
SECTION 2. Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-1085. Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."
SECTION 3. (A) Section 61-4-520 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:
"( ) Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Upon receipt of a request from an applicant for this certification, the municipality or county must provide certification within five working days to the applicant. If the municipality or county takes no action on an application within five working days, the applicant must be issued a new license or permit. Applicants are not required to provide certification upon renewal of a license or permit."
(B) Section 61-6-110 of the 1976 Code, as added by Act 415 of 1996, is amended by adding an appropriately numbered item at the end to read:
"( ) does not provide certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations before the issuance of a new license or permit. Upon receipt of a request from an applicant for this certification, the municipality or county must provide certification within five working days to the applicant. If the municipality or county takes no action on an application within five working days, the applicant must be issued a new license or permit. Applicants are not required to provide certification upon renewal of a license or permit."
(C) Section 61-6-1820 of the 1976 Code, as last amended by Act 89 of 2001, is further amended by adding an appropriately numbered item at the end to read:
"( ) Before the issuance of a new license or permit, the applicant provides certification from the municipality or county in which it is located that the proposed place of business of the applicant complies with all zoning and land use ordinances and regulations. Upon receipt of a request from an applicant for this certification, the municipality or county must provide certification within five working days to the applicant. If the municipality or county takes no action on an application within five working days, the applicant must be issued a new license or permit. Applicants are not required to provide certification upon renewal of a license or permit."
(D) Notwithstanding the general effective date of this act, this section takes effect on the first day of the third month after approval by the Governor.
SECTION 4. This act takes effect on the first day of the third month after approval by the Governor.
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