South Carolina General Assembly
117th Session, 2007-2008

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Bill 1159

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

HOUSE AMENDMENTS AMENDED

May 29, 2008

S. 1159

Introduced by Senator Lourie

S. Printed 5/29/08--S.

Read the first time February 27, 2008.

            

A BILL

TO AMEND SECTION 61-4-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF BEER OR WINE FOR CONSUMPTION BY PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; TO AMEND SECTION 61-6-4070, RELATING TO THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE, SO AS TO DELETE A REFERENCE IN ONE CODE SECTION FOR CLARIFICATION; AND TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, RELATING TO UNDERAGE PURCHASE, CONSUMPTION, OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS, SO AS TO ALLOW ESTABLISHMENTS TO USE PERSONS UNDER THE AGE OF TWENTY-ONE TO TEST COMPLIANCE.

Amend Title To Conform

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

SECTION    1.    Section 61-4-90 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-4-90.    (A)    It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of beer or wine in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)    A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.

(C)    The provisions of this section do not apply to a:

(1)    spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;

(2)    parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or

(3)    person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.

(D)    A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(E)    This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(F)    The provisions of this section do not apply to a student who:

(1)    is eighteen years of age or older;

(2)    is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;

(3)    is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)    tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.

(G)    The South Carolina State Law Enforcement Division, within sixty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section."

SECTION    2.    Section 61-6-4070 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-6-4070.    (A)    It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption of alcoholic liquors in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)    A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.

(C)    The provisions of this section do not apply to a:

(1)    spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;

(2)    parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or

(3)    person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.

(D)    A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.

(E)    This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.

(F)    The provisions of this section do not apply to a student who:

(1)    is eighteen years of age or older;

(2)    is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;

(3)    is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and

(4)    tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.

The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.

(G)    The South Carolina State Law Enforcement Division, within sixty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section."

SECTION    3.    Section 20-7-8920(F) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(F)    The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency or an establishment that sells beer or wine to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency or the establishment that sells beer or wine, and the agency must have the person's parental consent."

SECTION    4.    Section 20-7-8925(E) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(E)    The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency or an establishment that sells alcoholic liquors to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency or the establishment that sells alcoholic liquors, and the agency must have the person's parental consent."

SECTION    5.        Section 61-4-50 of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"Section 61-4-50.    (A)    It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)    At the time the person who has unlawfully sold beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment also must be notified of the violation.

(C)    The South Carolina State Law Enforcement Division, within sixty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment's compliance with this section.

(D)    Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.

(C)(E)    A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."

SECTION    6.    Section 61-6-4080 of the 1976 Code, as last amended by act 103 of 2007, is further amended to read:

"Section 61-6-4080.    (A)    A person engaged in the sale of alcoholic liquors who knowingly sells the alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and

(2)    for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.

(B)    At the time the person who has unlawfully sold alcoholic liquors to a person under twenty-one years of age is notified of the violation, the owner, manager, or supervisor of the retail establishment also must be notified of the violation.

(C)    The South Carolina State Law Enforcement Division, within sixty days of testing an establishment, shall post on its Internet website the results of a test to check an establishment compliance with this section.

(D)    Failure of a person to require identification to verify a person's age is prima facie evidence of a violation of this section.

(C)(E)    A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."

SECTION    7.    Section 61-4-1910(1) of the 1976 Code, as added by Act 103 of 2007, is amended to read:

"(1)    'Keg' means a metal container of beer with a capacity of 5.16 gallons or more that is designed to dispense beer directly from the container in an off-premises location."

SECTION    8.    Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:

"(2)    'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in additionthat provides facilities for seating not lessfewer than forty persons simultaneously at tables for the service of meals that:

(a)    is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal mealtimes;

(b)    has readily available to its guests and patrons either menus with the listing of various meals offered for service or a listing of available meals and foods posted in a conspicuous place readily discernible by the guests or patrons; and

(c)    prepares for service to customers, upon the demand of the customers, hot meals at least once each day the business establishment chooses to be open."

SECTION    9.    Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:

"( )    For purposes of this section:

(1)    'Kitchen means a separate and distinct area of the business establishment that is used only for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.

(2)    'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal within the meaning of this section.

(3)    'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of the guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."

SECTION    10.    Section 20-7-8920(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"(A)    It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer must request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both."

SECTION    11.    Section 20-7-8925(A) of the 1976 Code, as last amended by Act 103 of 2007, is further amended to read:

"(A)    It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors. Notwithstanding another provision of law, if the law enforcement officer has probable cause to believe that a person is under age twenty-one and has consumed alcohol, the law enforcement officer must request that the person submit to any available alcohol screening test using a device approved by the State Law Enforcement Division. "

SECTION    12.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    13.    This act takes effect upon approval by the Governor.

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