Senators Cash, Massey, and Campsen proposed the following amendment (JUD0619.014):

Amend the bill, as and if amended, page 2, lines 1 through 14, by striking SECTION 1 in its entirety and inserting therein the following:

/ SECTION 1. Section 61-4-720 of the 1976 Code is amended to read:

"Section 61-4-720. (A) Notwithstanding another provision of law, a licensed winery located in this State is authorized to sell wine with an alcohol content of sixteen and a half percent, or less, on the winery premises and deliver or ship this wine to consumer homes in or outside the State so long as:

(1) the licensed winery is the primary American source of supply for the wine sold; or

(2)t he wine is produced on its the licensed premises and contains an alcoholic content of sixteen percent or less.

(B) For wine that is not produced on its licensed premises in the State pursuant to subsection (A)(2), but for which the winery is the primary American source of supply under subsection (A)(1), the winery may not sell more than twenty-four bottles of wine each month directly to a resident of this State for such resident's personal use and not for resale.

(C) These wineries are authorized to provide, with or without cost, wine tasting samples to prospective customers." /

Amend the bill further, as and if amended, beginning on page 2, line 16, and ending on page 3, line 34, by striking SECTION 2 in its entirety and inserting therein the following:

/ SECTION2. Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-748. (A). Notwithstanding any other provision of law, rule, or regulation to the contrary, the holder of a valid winery license that, on or after January 1, 2021, invests four hundred million dollars in this State in a Tier III or Tier IV county, as designated by the Department of Revenue pursuant to Section 12-36-3360(B), at the time of the public announcement of the project or upon reaching such investment and job requirement thresholds, and creates at least three hundred new jobs in this State, is eligible for a manufacturer's satellite certificate to establish up to three wholly-owned satellite locations for tasting of wine produced or imported as the primary American source of supply, provided that:

(1) before commencing operations at any wholly-owned satellite location, the holder of a valid winery license must first have satisfied all applicable investment and job requirement thresholds;

( 2) a winery producing or bottling at least ten million gallons of wine and alcoholic beverages per calendar year in this State may operate one tasting-room premises;

( 3) a winery producing or bottling at least twenty million gallons of wine and alcoholic beverages per calendar year in this State may operate two tasting-room premises;

( 4) a winery producing or bottling at least thirty million gallons of wine and alcoholic beverages per calendar year in this State may operate three tasting-room premises;

(5)t he winery submits, and the department approves separate applications for each tasting-room premises to be issued a permit, as provided by Sections 61-2-90 and 61-2-140(C);

( 6) the winery must pay a biennial tasting-room permit fee of five thousand dollars per tasting-room premises;

( 7) no more than one tasting-room premises shall be permitted in any one county of this State;

( 8) the winery may conduct tastings of only wine that is (a) produced or bottled by the winery within or outside of this State, (b) produced for or produced and packaged for the winery within or outside of this State and sold under a brand name owned by the winery, or (c) wine for which the winery is the exclusive agent in the United States of an out-of-state vintner;

( 9) the winery must charge a consumer a tasting fee to participate in a tasting;

( 10) the winery shall remit applicable use and other state taxes and local taxes for each tasting-room premises. The winery shall maintain adequate records for each tasting-room premises to ensure the collection of these taxes;

( 11) all wine to be handled or tasted at a tasting-room premises must be purchased from licensed wholesalers and transported and delivered to the licensed tasting-room premises only by licensed South Carolina wholesalers;

( 12) the winery must maintain all liability insurance required pursuant to Section 61-2-145; and

( 13) tastings shall not be offered or made to, or allowed to be offered, made to, or consumed by an intoxicated person or a person who is under the age of twenty-one.

(B) In addition to the provisions set forth in subsection (A), a winery holding one or more tasting-room permits must not provide to an individual consumer at a tasting-room premises more than ten ounces of wine in one day for on-premises consumption, including any samples offered and consumed;

(C) T asting rooms authorized in this section must close to the public at 5:30 PM and may not open to the public until 8:00 AM.

(D)Each tasting-room permit application is subject to protest, as provided for in Section 61-4-525 for beer and wine permit applications.

(E)The holder of a tasting-room permit who violates a provision of this section is subject to the penalties specified in Section 61-4-250.

( F)Nothing in this section shall be construed so as to prohibit or restrict a winery that also holds a brewery, micro-distillery, or liquor manufacturer's license from applying for or holding any license or permit that is available to other licensed breweries, micro-distilleries, or liquor manufacturers in this State and that allows the tasting or sales of beer or alcoholic liquors.

(G)A uthorization by this section of tastings at a tasting-room premises is expressly intended for the promotion of education regarding production of wine in the State and not to create competition between producers and retailers." /