Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 61-6-1560 of the 1976 Code is amended to read:
"Section 61-6-1650.
(A) Notwithstanding any other
provision of law, a retail dealer, wholesaler, or producer may
offer discounts on alcoholic liquors or nonalcoholic items,
listed in Section 61-6-1540(A), through the use of premiums,
coupons, or stamps redeemable by mail.
(B) In
addition to the provisions of subsection (A), a retail dealer
may offer a discount on the sale of alcoholic liquor or
nonalcoholic items, listed in Section 61-6-1540(A), at the
register through the use of premiums, coupons, or stamps, so
long as all costs related to the discount, including, but not
limited to printing, redemption services, and the actual cost of
the discount, are provided and borne only by the retail dealer
and the discount is not prohibited by any federal law."
SECTION 2. Section 61-6-1500 of the 1976 Code is amended to read:
"Section 61-6-1500.
(A) A retail dealer may not:
(1)
sell, barter, exchange, give, or offer for sale, barter,
or exchange, or permit the sale, barter, exchange, or gift, of
alcoholic liquors without regard to the size of the container:
(a)
between the hours of 7:00 p.m. and 9:00 a.m.;
(b)
for consumption on the premises;
(c)
to a person under twenty-one years of age;
(d)
to an intoxicated person; or
(e)
to a mentally incompetent person; or
(f)
to a person the retail dealer knows is another
retail dealer, except as provided in Section 61-6-950 or between
locations owned by the same retail dealer;
(2)
permit the drinking of alcoholic liquors in his store or
place of business;
(3)
sell alcoholic liquors on credit; however, this item does
not prohibit payment by electronic transfer of funds if:
(a)
the transfer of funds is initiated by an irrevocable
payment order on or before delivery of the alcoholic liquors;
and
(b)
the electronic transfer is initiated by the retailer no
later than one business day after delivery; or
(4)
redeem proof-of-purchase certificates for any promotional
item; or
(5)
purchase, barter, exchange, receive, or offer to
purchase, barter, exchange, receive or permit the purchase,
barter, exchange, or receipt, of alcoholic liquors without
regard to the size of the container from another retail dealer,
except as provided in Section 61-6-950 or between locations
owned by the same retail dealer.
However, during restricted hours a retail
dealer is permitted to receive, stock, and inventory
merchandise, provide for maintenance and repairs, and other
necessary, related functions that do not involve the sale of
alcoholic liquors.
(B)(1) It is unlawful
for a person licensed to sell alcoholic liquors pursuant to the
provisions of this section to knowingly and willfully refill,
partially refill, or reuse a bottle of lawfully purchased
alcoholic liquor, or otherwise tamper with the contents of the
bottle.
(2)
A person who violates the provisions of this section is
guilty of a misdemeanor and, upon conviction:
(a)
for a first offense, must be fined five hundred dollars or
imprisoned for not more than thirty days, or both;
(b)
for a second or subsequent offense, must be fined one
thousand dollars or imprisoned not more than six months, or
both.
(3)
In addition to the penalties provided in subsection (B), a
violation of this section may subject the licensee or permit
holder to revocation or suspension of the license or permit by
the department. A third or subsequent violation of
subsection (A)(1)(f) within three years of the first violation
must result in a mandatory suspension of the license or permit
for a period of at least thirty days. A violation of subsection
(A)(5) must result in a mandatory suspension of the license or
permit for a period of at least thirty days.
(4)
The possession of a refilled or reused bottle or other
container of alcoholic liquors is prima facie evidence of a
violation of this section. A person who violates this provision
must, upon conviction, have his license revoked permanently.
(C) A retail dealer
must keep a record of all sales of alcoholic liquors sold to
establishments licensed for on-premises consumption. The record
must include the name of the purchaser and the date and quantity
of the sale by brand and bottle size.
(D) It is unlawful to
sell alcoholic liquors except during lawful hours of
operation."
SECTION 3. Subarticle 1, Article 3, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-195. The department must not issue or renew a retail dealer's license until the applicant has certified that the applicant has not purchased and will not purchase alcoholic liquors from another person that does not hold a wholesaler's license."
SECTION 4. Section 61-6-1530 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) 'The purchase of alcoholic liquors from this location by or on behalf of another retail dealer is unlawful and will result in the suspension of the purchaser's retail dealer's license'. The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises."
SECTION 5. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.