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H. 4914
STATUS INFORMATION
General Bill
Sponsors: Rep. Kirsh
Document Path: l:\council\bills\agm\18290mm06.doc
Introduced in the House on March 29, 2006
Currently residing in the House Committee on Judiciary
Summary: Alcoholic liquors sold by the drink
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/29/2006 House Introduced and read first time HJ-14 3/29/2006 House Referred to Committee on Judiciary HJ-15
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 61-6-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TIME, DAY, AND LOCATION LIMITATIONS ON THE SALE OF ALCOHOLIC LIQUORS BY THE DRINK, SO AS TO DELETE REFERENCES TO THE POSTING OF A CLEARLY VISIBLE SIGN AT THE ESTABLISHMENT'S MAIN ENTRANCE; TO AMEND SECTION 61-6-1620, AS AMENDED, RELATING TO THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS ON LICENSED PREMISES, SO AS TO FURTHER PROVIDE FOR THE ON PREMISES POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUORS THAT WERE PURCHASED OFF PREMISES AND TO PROVIDE LIMITS ON A CUSTOMER LEAVING THE PREMISES WITH LIQUOR IN A CONTAINER; TO AMEND SECTION 61-6-4310, RELATING TO THE SALE OF SEIZED ALCOHOLIC LIQUOR, SO AS TO PROVIDE FOR THE SALE BY THE STATE LAW ENFORCEMENT DIVISION; TO REDESIGNATE SECTION 61-6-510, RELATING TO A TEMPORARY LICENSE FOR THE SALE OF ALCOHOLIC LIQUORS BY A NONPROFIT ORGANIZATION, AS SECTION 61-6-2015; AND TO AMEND SECTION 12-60-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE REVENUE PROCEDURES ACT, SO AS TO DELETE REFERENCES TO REGULATORY VIOLATION MATTERS IN THE DEFINITION OF "EXHAUSTION OF THE TAXPAYER'S ADMINISTRATIVE REMEDY".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-1610(A)(2) of the 1976 Code, as last amended by Act 139 of 2005, is further amended to read:
"(2) the business has a license from the department authorizing the sale and consumption of alcoholic liquors by the drink, which is displayed conspicuously on the main entrance to the premises and clearly visible from the outside."
SECTION 2. Section 61-6-1620 of the 1976 Code, as last amended by Act 139 of 2005, is further amended by adding at the end:
"(C) A licensee may not permit a person to possess or consume liquor on his premises which was not sold by the licensee; except that a person may possess or consume liquor on licensed premises when the liquor was not purchased from the licensee so long as the liquor is possessed and consumed in a separate and private area of the establishment which area a specific individual has leased for a function not open to the general public, and the person is complying with the department's regulations concerning private parties.
(D) A licensee may not permit liquor on the licensed premises other than liquor that the licensee purchased from a retail liquor store that also holds a wholesaler's basic permit pursuant to the Federal Alcohol Administration Act; except that a licensee may permit a person to posses liquor on the premises in accordance with Subsection (C) so long as the liquor was purchased from a licensed South Carolina retail liquor store.
(E) A licensee may not sell liquor by the filled or partially filled bottle, other than a fifty milliliter container, and may not permit a customer to remove liquor from the premises."
SECTION 3. Section 61-6-4310 of the 1976 Code as added by Act 415 of 1996 is amended to read:
"Section 61-6-4310. Alcoholic liquors seized by the department, its agents, or by the division must be sold by the department division at public auction to the highest bidder after advertisement. The proceeds of the sale must be turned over to the State Treasurer after first paying the cost of confiscation and sale. Alcoholic liquors seized by a peace officer, except the department, its authorized agents, or by the division, must be delivered to the sheriff of the county in which the seizure is made. The sheriff must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of the costs of confiscation and sale, must be immediately turned over to the treasurer of the county in which the seizure was made. However, if a municipal officer makes a seizure, the chief of police must take possession of the alcoholic liquors so seized and sell them at public auction to the highest bidder after advertisement. The proceeds of the sale, after payment of costs of confiscation and sale, must be turned over to the treasurer of the municipality in which the seizure was made. No sale of alcoholic liquors seized and sold in accordance with the provisions of this section may be made to a person other than a licensed manufacturer, wholesaler, or retail dealer."
SECTION 4. Section 61-6-510 of the 1976 Code, as added by Act 415 of 1996, is redesignated as Section 61-6-2015 in subarticle 5, Article 5, Chapter 6 of Title 61.
SECTION 5. Section 12-60-30 (15)(c)(iii) of the 1976 Code, as last amended by Act 69 of 2003, is further amended to read:
"(iii) the department representative in the protest for regulatory violation matters, and within thirty days after filing the protest for other matters, or the later date agreed to by the department representative. For the purpose of this section, regulatory violation matters are violations of a statute or regulation which controls the conduct of alcoholic beverage licensees, bingo licensees, or coin-operated device licensees. It includes violations which may result in the suspension or revocation of a license, but it does not include taxes or interest on taxes or monetary penalties in Chapter 54 of this title."
SECTION 6. This act takes effect upon approval by the Governor.
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