Bill 3883

                    Current Status

Introducing Body:               House
Bill Number:                    3883
Primary Sponsor:                Gonzales
Committee Number:               26
Type of Legislation:            GB
Subject:                        Alcoholic beverages, regulation of
                                sales
Residing Body:                  House
Current Committee:              Labor, Commerce and Industry
Date Tabled:                    May 07, 1991
Computer Document Number:       BR1/1523.AC
Introduced Date:                Apr 11, 1991
Last History Body:              House
Last History Date:              May 07, 1991
Last History Type:              Tabled in Committee
Scope of Legislation:           Statewide
All Sponsors:                   Gonzales
                                R. Young
                                Holt
                                Fulmer
                                Wofford
                                H. Brown
                                Baker
                                Hallman
                                Rama
                                Waites
                                Ross
                                A. Young
                                Meacham
                                Stoddard
                                Quinn
                                Clyborne
                                Bennett
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3883  House   May 07, 1991  Tabled in Committee             26
 3883  House   Apr 11, 1991  Introduced, read first time,    26
                             referred to Committee

A BILL

TO AMEND SECTION 61-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE ALCOHOLIC BEVERAGE RETAIL SALES LOCATION OPERATIONS, SO AS TO PROVIDE THAT NO PROVISION OF TITLE 61 MAY PREVENT A COUNTY OR MUNICIPALITY FROM PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.

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

SECTION 1. Section 61-5-190 of the 1976 Code is amended to read:

"Section 61-5-190. (A) The South Carolina Alcoholic Beverage Control Commission is the sole and has the exclusive authority empowered to regulate the operation of all retail locations authorized to sell beer, wine, or alcoholic beverages and is authorized to establish such conditions or restrictions which the commission in its discretion considers necessary before issuing or renewing any a license or permit.

(B) Nothing contained in this section may be considered as preventing construed to prevent judicial appeals from decisions of the South Carolina Alcoholic Beverage Control Commission, as allowed by law, nor as limiting or to limit in any way the authority of the courts in interpreting to interpret and applying apply the laws of this State relating to matters administered by the commission.

(C) Nothing contained in this title may be construed to prevent a county or municipality from prohibiting the sale of beer, wine, or alcoholic beverages for on-premise consumption between the hours of two o'clock a.m. and ten o'clock a.m."

SECTION 2. Existing county or municipal ordinances prohibiting the sale of beer, wine, or alcoholic beverages for on-premise consumption between the hours of two o'clock a.m. and ten o'clock a.m. are confirmed and ratified.

SECTION 3. This act takes effect upon approval by the Governor.