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H. 3695

STATUS INFORMATION

General Bill
Sponsors: Rep. Rutherford
Document Path: l:\council\bills\cc\15969zw21.docx

Introduced in the House on January 14, 2021
Currently residing in the House Committee on Judiciary

Summary: Governor may not prohibit sale of alcohol before 12 am by holders of certain types of licenses

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/14/2021  House   Introduced and read first time (House Journal-page 572)
   1/14/2021  House   Referred to Committee on Judiciary 
                        (House Journal-page 572)

View the latest legislative information at the website

VERSIONS OF THIS BILL

1/14/2021

TO AMEND SECTION 25-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE GOVERNOR DURING A DECLARED EMERGENCY, SO AS TO PROVIDE THAT THE GOVERNOR, IN AN EMERGENCY PROCLAMATION OR DECLARATION, MAY NOT PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES BEFORE 12:00 A.M. BY HOLDERS OF CERTAIN TYPES OF LICENSES, AND TO PROVIDE THAT AN ALLEGED VIOLATION OF THE TERMS OF A GUBERNATORIAL EMERGENCY PROCLAMATION OR DECLARATION MAY NOT BE USED AS THE BASIS EITHER TO SUSPEND OR REVOKE CERTAIN TYPES OF LICENSES.

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

SECTION    1.    Section 25-1-440 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

    "( )(1)    Notwithstanding another provision of law, the Governor, in an emergency proclamation or declaration issued pursuant to this section, may not prohibit the sale of alcoholic beverages before 12:00 a.m. by any holder of any of the following types of licenses:

            (a)    on-premises beer and wine permit;

            (b)    winery permit;

            (c)    brewpub beer/wine permit;

            (d)    brewery permit;

            (e)    business liquor by the drink license;

            (f)    nonprofit private club liquor by the drink license;

            (g)    special event permit; or

            (h)    special nonprofit event permit.

        (2)    Notwithstanding another provision of law, an alleged violation of the terms of a gubernatorial emergency proclamation or declaration issued pursuant to this section may not be used as the basis either to suspend or revoke any of the types of licenses enumerated in item (1)."

SECTION    2.    This act takes effect upon approval by the Governor.

This web page was last updated on January 26, 2021 at 4:23 PM