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TO AMEND SECTION 61-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ALCOHOLIC LIQUORS, SO AS TO INCLUDE POWDERED OR CRYSTALLINE ALCOHOLS WHEN HYDROLYZED IN THE DEFINITION OF ALCOHOLIC LIQUORS AND TO AMEND SECTION 61-6-4157, RELATING TO THE PROHIBITION TO POSSESS, USE, SELL, OR PURCHASE POWDERED ALCOHOL, SO AS TO INCLUDE BOTH POWDERED AND CRYSTALLINE ALCOHOL WHEN HYDROLYZED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-6-20(1) of the 1976 Code is amended to read:
"Section 61-6-20. As used in the ABC Act, unless the context clearly requires otherwise:
(1)(a) 'Alcoholic liquors' or 'alcoholic beverages' means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption, but does not include:
(i) wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by another person; or
(ii) a beverage declared by statute to be nonalcoholic or nonintoxicating.
(b) 'Alcoholic liquor by the drink' or 'alcoholic beverage by the drink' means a drink poured from a container of alcoholic liquor, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter.
(c) 'Powdered or crystalline alcohol' means a powdered or crystalline product prepared or sold for either direct use or reconstitution for human consumption that contains any amount of alcohol when hydrolyzed."
SECTION 2. Section 61-6-4157, as added to the 1976 Code by Act 253 of 2014, is amended to read:
"Section 61-6-4157. (A) As used in this section, 'powdered or crystalline alcohol' is alcohol prepared or sold in a powdered or crystalline form that contains any amount of alcohol when hydrolyzed for either direct use or reconstitution for human consumption.
(B)(1) It is unlawful for a person to use, offer for use, purchase, offer to purchase, sell, offer to sell, or possess powdered or crystalline alcohol.
(2) It is unlawful for a holder of a license pursuant to the provisions of this chapter for on-premises or off-premises consumption of alcoholic liquors to use powdered or crystalline alcohol as an alcoholic beverage.
(3) Any person or license holder that violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine of not more than three hundred dollars or imprisonment for not more than thirty days, or both;
(b) for a second offense, by a fine of not more than seven hundred fifty dollars or imprisonment for not more than six months, or both;
(c) for a third or subsequent offense, by a fine of not more than three thousand dollars or imprisonment for not more than two years, or both.
(C) This section does not apply to the use of powdered or crystalline alcohol for commercial uses specifically approved by state law, or for bona fide research purposes by a:
(1) health care provider that operates primarily for the purpose of conducting scientific research;
(2) state institution;
(3) private college or university; or
(4) pharmaceutical or biotechnology company."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on December 10, 2014 at 1:46 PM