South Carolina General Assembly
115th Session, 2003-2004

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Bill 532

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COMMITTEE REPORT

May 19, 2004

S. 532

Introduced by Judiciary Committee

S. Printed 5/19/04--H.

Read the first time February 26, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (S. 532) 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, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

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:

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 shall have has the right to prohibit and to regulate the manufacture, and sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, and sell, and retail alcoholic liquors or beverages within the State under such the rules and restrictions as it deems considers proper;, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. or the The General Assembly may prohibit the manufacture, and 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 deems considers expedient. Provided However, that no a license shall 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; provided, further however, that the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell the same alcoholic liquors or beverages. Provided, further However, that licenses may be granted to sell and consume alcoholic liquors and beverages in sealed containers of two ounces or less in 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."

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?

Yes    [ ]

No    [ ]

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'."

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