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Indicates New Matter
Sponsors: Reps. Herbkersman, Collins, Elliott, Clary and Martin
Document Path: l:\council\bills\dka\3080jh17.docx
Companion/Similar bill(s): 116
Introduced in the House on March 7, 2017
Currently residing in the House Committee on Judiciary
Summary: Permits or Licenses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/7/2017 House Introduced and read first time (House Journal-page 80) 3/7/2017 House Referred to Committee on Labor, Commerce and Industry (House Journal-page 80) 3/9/2017 House Recalled from Committee on Labor, Commerce and Industry (House Journal-page 15) 3/9/2017 House Committed to Committee on Judiciary (House Journal-page 15) 3/10/2017 Scrivener's error corrected 3/22/2017 House Member(s) request name added as sponsor: Collins, Elliott 3/23/2017 House Member(s) request name added as sponsor: Clary, Martin
View the latest legislative information at the website
VERSIONS OF THIS BILL
March 9, 2017
S. Printed 3/9/17--H. [SEC 3/10/17 2:08 PM]
Read the first time March 7, 2017.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-2-145 SO AS TO REQUIRE THAT A PERSON PERMITTED OR LICENSED TO SELL ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION SHALL MAINTAIN A LIQUOR LIABILITY INSURANCE POLICY OR A GENERAL LIABILITY INSURANCE POLICY WITH A LIQUOR LIABILITY ENDORSEMENT FOR A TOTAL COVERAGE OF AT LEAST ONE MILLION DOLLARS DURING THE PERIOD OF THE BIENNIAL PERMIT OR LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 2, Title 61 of the 1976 Code is amended by adding:
"Section 61-2-145. (A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one million dollars during the period of the biennial permit or license. The policy providing this coverage must contain a provision insuring the named insured, the insured's employees, and any other person defined as an insured against liability for death or injury sustained or loss or damage incurred within the coverage of the policy for liquor liability. Any endorsement, provision, or rider attached to or included in any policy of insurance which purports or seeks to limit or reduce the coverage afforded by the provisions required by this section is void. Failure to maintain this coverage constitutes grounds for suspension or revocation of the permit or license.
(B) The department shall add this requirement to all applications and renewals for biennial permits or licenses to sell alcoholic beverages for on-premises consumption, and each applicant or person renewing its license or permit shall provide the department with documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.
(C) Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed or permitted to sell alcoholic beverages for on-premises consumption shall notify the department in a manner prescribed by department regulation of the lapse, expiration, cancellation, nonrenewal, or other termination of the liquor liability insurance policy or the general liability insurance policy with a liquor liability endorsement.
(D) For the purposes of this section:
(1) 'Alcoholic beverages' means beer, wine, alcoholic liquors, and alcoholic liquor by the drink as defined in Chapters 4 and 6, Title 61.
(2) 'Liquor liability' means liability for losses, damages, or other expenses arising from death or injury to a person or damage to property as a result of tortious conduct in the distribution, sale, or service of alcoholic beverages for consideration including, without limitation, liability for conduct in violation of Sections 61-4-580 and 61-6-2220."
SECTION 2. This act takes effect on July 1, 2017, and any person applying for a new biennial permit or license for on-premises consumption under Title 61 after this date must comply with the provisions of this act at the time of the application. A person renewing a biennial permit or license under Title 61 after this date must comply with the provision of this act at the time of the renewal.
This web page was last updated on March 23, 2017 at 12:33 PM