Senator Johnson proposes the following amendment (SJ-244.SW0021S):

Amend the bill, as and if amended, SECTION 2.A., by striking Section 15-3-710(A)(2) and inserting:

  (2) "Licensee" means any person or entity licensed to sell alcohol for on-premises consumption by the State of South Carolina or any agency or department thereof. The term "licensee" includes any owner, partner, manager, agent, employee, or other person or entity engaged in a single business enterprise with another licensee or permittee or one for whose conduct a licensee or permittee may be vicariously liable.

Amend the bill further, SECTION 2.A., by striking Section 15-3-710(C), (D), (E), (F), (G), (H), and (I) and inserting:

 (C) A person other than the intoxicated individual, who has suffered bodily injury, death, or property damage caused by the acts or omissions of the intoxicated individual possesses a civil cause of action against a licensee if the person shows, by the preponderance of the evidence that the licensee:
  (1) knowingly sold, served, or directly furnished alcohol to an individual who was visibly intoxicated; or
  (2) at the time the alcohol was sold, served, or directly furnished, knew or should have known that the individual would become intoxicated based on factors that would be obvious to a reasonable person including, but not limited to, the licensee's knowledge of the number of alcoholic beverages served to the individual while on the licensee's premises.
 (D) For a licensee to be liable under subsection (C), the licensee's, and the sale, service, or direct furnishing of alcohol to the intoxicated individual must be was a proximate cause of the person's bodily injury, death, or property damage.
 (E)(D) A person who was nineteen years of age or older at the time of the sale, service, or direct furnishing of alcohol by a licensee does not possess a civil cause of action against a licensee for the sale, service, or furnishing of alcohol if:
  (1) at the time the person suffered bodily injury or death, the person was riding as a passenger in a motor vehicle operated by an intoxicated individual and had knowledge of the operator's intoxication; or
  (2) at the time the person suffered property damage, the person had placed the damaged property in the possession, custody, or control of the intoxicated individual with knowledge of either:
   (a) the individual's intoxication;
   (b) the individual's addiction to intoxication; or
   (c) the individual's habit of becoming intoxicated and the individual's propensity to operate a motor vehicle while intoxicated.
 (F)(E) A person who was under the age of nineteen years at the time of the sale, service, or direct furnishing of alcohol by a licensee possesses a civil cause of action against the licensee if that person shows by the preponderance of the evidence that:
  (1) the licensee knowingly sold, served, or directly furnished alcohol to the person under the age of nineteen; and
  (2) the licensee's sale, service, or direct furnishing of alcohol to the person under the age of nineteen was a proximate cause of the person's bodily injury, death, or property damage.
 (G)(F) A licensee who affirmatively proves a forensic digital identification system approved by the South Carolina Law Enforcement Division was used to confirm the validity of the person's identification has not knowingly sold, served, or furnished alcohol to that person for the purposes of subsection (F).
 (H)(G) Upon the death of any party, the action or right of action authorized by this section will survive to or against the party's personal representative.
 (I)(H) A licensee is not chargeable with knowledge of acts by which a person becomes intoxicated at other locations.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Chapter 6, Title 61 of the S.C. Code is amended by adding:

 Section 61-6-2225. A person or establishment licensed to sell liquor by the drink pursuant to this article may not sell these beverages to an individual to be consumed by that individual in an amount in excess of what a trained alcohol server would believe to be reasonable, based on the immediately available inferences, information, and the totality of the circumstances, that occurred while the individual was on the Licensee's premises.

Renumber sections to conform.

Amend title to conform.