H 3843 Session 109 (1991-1992)
H 3843 General Bill, By Martin, T.M. Burriss, Fair, Harvin, Hayes and
C.C. Wells
A Bill to amend Title 61, Code of Laws of South Carolina, 1976, relating to
alcohol and alcoholic beverages, so as to change the references to alcoholic
beverages to regulated beverages, revise definitions and requirements
pertaining to the Alcoholic Beverage Control Commission, the Alcoholic
Beverage Control Act, licenses and permits, the transportation, possession,
consumption, sale, manufacture, and importation of regulated beverages,
offenses, and penalties, and delete obsolete language; and to repeal Article
11, Chapter 21, Title 12, relating to producers and wholesalers of beer and
wine.
04/11/91 House Introduced and read first time HJ-16
04/11/91 House Referred to Committee on Labor, Commerce and
Industry HJ-17
05/19/92 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-32
05/27/92 House Recommitted to Committee on Labor, Commerce and
Industry HJ-50
COMMITTEE REPORT
May 19, 1992
H. 3843
Introduced by REPS. L. Martin, Burriss, Hayes, Fair, Wells and
Harvin
S. Printed 5/19/92--H.
Read the first time April 11, 1991.
THE COMMITTEE ON LABOR, COMMERCE
AND INDUSTRY
To whom was referred a Bill (H. 3843), to amend Title 61,
Code of Laws of South Carolina, 1976, relating to alcohol and
alcoholic beverages, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the
enacting words and inserting:
/SECTION 1. Title 61 o f the 1976 Code is amended by
striking and inserting:
"TITLE 61
ALCOHOL AND REGULATED
BEVERAGES
CHAPTER 1
Alcoholic Beverage Control Commission
Section 61-1-10. There is created the South Carolina
Alcoholic Beverage Control Commission which consists of
three members appointed by the Governor for terms of six years
in the same manner and under the same terms and conditions as
the members of the South Carolina Tax Commission are
appointed.
Section 61-1-20. The Governor shall designate one of the
commissioners as chairman. In addition to other qualifications
required of the chairman by this chapter, the Governor, in
selecting the chairman, shall give consideration to skill in tax
laws and administration.
Section 61-1-30. No member of the commission may:
(1) engage in an occupation or a business interfering or
inconsistent with commission duties;
(2) serve on a committee of a political party; or
(3) contribute directly or indirectly money or anything of
value in support of a candidate for office or to a political
organization.
Section 61-1-40. No member or employee of the
commission or his relative by blood or marriage within the
second degree, directly or indirectly, individually, as a member
of a partnership or an association, or as a member or
stockholder of a corporation may:
(1) have an interest in the manufacture of or dealing in
regulated beverages or in an enterprise or industry in which
regulated beverages are required;
(2) receive a commission or profit on the purchase or sale
of regulated beverages.
(3) have an interest in or mortgage or deed of trust on land
or a building where regulated beverages are manufactured for
sale, offered for sale, or sold or in personal property used on the
land or in the building.
Section 61-1-50. Powers and duties once held by the Tax
Commission concerning regulated beverages are now held by
the Alcoholic Beverage Control Commission. The Tax
Commission shall continue to administer and collect the taxes
relating to regulated beverages.
Section 61-1-60. The commission may appoint an attorney,
upon the approval of the Attorney General, who has the status
of an Assistant Attorney General assigned to the commission.
Section 61-1-70. (A) The commission may employ
necessary personnel including, but not limited to, inspectors,
chemists, and clerical and stenographic staff for the proper
administration and enforcement of this title and Chapter 33 of
Title 12. Their salaries must be fixed by the commission.
(B) The Governor shall commission as state constables
inspectors or agents certified to him by the commission in order
that they have adequate authority as law enforcement officers.
Each inspector, before entering upon the discharge of his
duties, shall take the oath of office as required by Article III,
Section 26 of the Constitution of South Carolina and also an
additional oath required by law and shall give bond payable to
the State, in a form approved by the Attorney General, in the
penal sum of five thousand dollars with a surety or guaranty
company authorized to do business in South Carolina and
approved by the commission, as surety, conditioned upon the
faithful discharge of his duties.
(C) The commission may require other employees to
furnish bonds conditioned upon the performance of duties.
(D) The premiums on the bonds required in this section
must be paid as an expense of the administration of this title,
and the bonds must be filed with and preserved by the Secretary
of State.
Section 61-1-80. The commission shall administer and
enforce this title and may promulgate regulations in accordance
with the Administrative Procedures Act to:
(1) carry out and enforce the purposes and provisions of
this title;
(2) prevent the illegal manufacture, bottling, sale,
distribution, and transportation of regulated beverages.
Section 61-1-90. The commission, by regulation, shall
provide for the frequent analysis of regulated beverages sold
within this State and provide procedures for obtaining samples.
Section 61-1-100. The commission may hold and conduct
hearings, issue subpoenas requiring the attendance of witnesses
and the production of records, memoranda, papers, and other
documents for consideration at the hearings or before an officer
or agent of the commission, and administer oaths and take
testimony. In its discretion it may authorize its members,
officers, or agents to hold and conduct hearings, issue
subpoenas, administer oaths, and take testimony.
Section 61-1-110. The commission may enter the
premises of a licensee, permittee, or registrant without a
warrant and audit and examine its books, records, papers,
memoranda, and commodities and secure other information
directly or indirectly pertaining to the enforcement of this title.
However, this information does not include tax returns,
financial statements, and related financial records of
manufacturers, producers, and wholesalers unless ordered by a
court.
Section 61-1-120. The commission shall file with the
Governor and the General Assembly its annual report before
July first and report to the Governor on its affairs generally or
on special matters connected with its affairs as often as the
Governor requires.
Section 61-1-130. The commission is the exclusive
authority empowered to regulate the operation of locations
authorized to sell regulated beverages.
Section 61-1-140. Monies received by the commission
under this title must be deposited with the State Treasurer to the
credit of the general fund of the State.
CHAPTER 3
Regulated Beverages - Licenses and Permits
Article 1
General Provisions
Section 61-3-10. As used in this title:
(1) `Alcoholic liquor' means a spirituous malt, vinous,
fermented, brewed, whether lager or rice beer, or other
alcoholic liquors or a compound or mixture of them which
contains alcohol and is used as a beverage. It does not include:
(a) wine or beer when manufactured or made for home
consumption and which is not sold by the maker or another
person;
(b) a beverage declared by statute to be nonalcoholic
or nonintoxicating; or
(c) near beer.
(2) `Alcoholic liquor producer' means a manufacturer,
distiller, rectifier, blender, or bottler of alcoholic liquors and
includes an importer of alcoholic liquors engaged in importing
them into the United States.
(3) `Alcoholic liquor producer representative' means a
person who is a citizen of South Carolina who maintains his
principal place of abode in this State and who is registered with
the commission pursuant to this title as the South Carolina
representative of a registered alcoholic liquor producer.
(4) `Beer' means beer, ale, porter, or other similar malt or
fermented beverages containing not more than five percent of
alcohol by weight.
(5) `Beer or wine producer' means a brewery or winery or
a manufacturer, bottler, or importer of wine or beer, including
ale, porter, and malt beverages into the United States.
(6) `Cargo area' means the area without and behind the
cab of a truck which is designed by the manufacturer for the
boarding of goods or materials or the area without and behind
the cab of a truck which customarily is used for the boarding of
goods or materials.
(7) `Commission' means South Carolina Alcoholic
Beverage Control Commission.
(8) `Domestic wine' means wine manufactured wholly
within South Carolina primarily from fruits and berries
produced within the State.
(9) `Engaged primarily and substantially in the
preparation and service of meals' refers to a business which has
been issued a Class A restaurant license before issuance of a
license under this title and provides facilities for seating not
less than forty persons simultaneously at tables for the service
of meals.
(10) `Furnishing lodging' refers to businesses which rent
accommodations for lodging to the public on a regular basis
consisting of not less than twenty rooms.
(11) `Glove compartment' does not constitute a luggage
compartment or a cargo area.
(12) `Hotel room' means a room of a hotel or motel that
customarily is rented or leased and is used primarily for lodging
purposes.
(13) `Kitchen' means a separate and distinct area of a
licensed or permitted business establishment that is used solely
for the preparation, serving, and disposal of solid foods that
make up meals. This area must be equipped adequately for the
cooking and serving of solid foods and their storage.
(14) `Licensed or permitted premises' means premises for
which a license or permit under this title is in effect. It includes
areas normally used by the licensee or permittee to conduct his
business and includes, but is not limited to, selling, storage,
food preparation, and parking areas.
(15) `Luggage compartment' means the trunk of a motor
vehicle which possesses it. However, with respect to a motor
vehicle which does not contain a trunk, `luggage compartment'
refers to the area of the motor vehicle in which the
manufacturer designed that luggage be carried or to the area of
the motor vehicle in which luggage customarily is carried. In
regard to a station wagon, `luggage compartment' refers to the
area behind the last seat.
(16) `Manufacturer' means a person operating a plant or
place of business within this State for distilling, rectifying,
brewing, fermenting, blending, or bottling regulated beverages.
(17) `Meal' means an assortment of various prepared foods
available to guests on licensed or permitted premises during
normal `mealtimes' which occur when the licensed or permitted
business establishment is open to the public. Snacks prepared
off the licensed or permitted premises but sold on it do not
constitute a meal.
(18) `Near beer' means beer containing less than one-half
of one percent of alcohol by volume.
(19) `Premises' means the physical place at which a
licensee or permittee is or may be licensed or permitted to
engage in the sale, serving, and storage of regulated beverages.
(20) `Primarily' as used in item (8) means that:
(a) The serving of meals by a licensed or permitted
business establishment constitutes a regular and substantial
source of business to the establishment.
(b) Meals must be served upon the demand of guests or
patrons during normal `mealtimes' which occur when the
establishment is open to the public.
(c) An adequate supply of food is present on the
premises to meet the demand.
(21) `Primary American source of supply' means the
manufacturer, distiller, vintner, brewer, producer, winery, or
owner of vinous or spirituous beverages at the time they
become a marketable product, the bottler, or the exclusive agent
of these persons, who, if the product cannot be secured directly
from the manufacturer by an American distributor, is the source
closest to the manufacturer in the channel of commerce from
whom the product can be secured by an American distributor,
or who, if the product can be secured directly from the
manufacturer by an American distributor, is the manufacturer.
(22) `Private residence' means a domestic establishment,
home, or dwelling place in which an individual resides, actually
lives, lodges, or abides and includes places of temporary
lodging or abode.
(23) `Registered alcoholic liquor producer' means an
alcoholic liquor producer registered with the commission
pursuant to this title.
(24) `Registered beer or wine producer' means a beer or
wine producer registered with the commission pursuant to this
title.
(25) `Regulated beverages' include alcoholic liquors, beer,
ale, porter, and wine.
(26) `Retail alcoholic liquor dealer' means a holder of a
license to sell alcoholic liquors in sealed containers of two
hundred milliliters or more.
(27) `Sale and consumption licensee' means a holder of a
license to sell alcoholic liquors in sealed containers of two
ounces or less for on-premises consumption.
(28) `Wholesale dealer' or `wholesaler' means a person who
from without the State purchases, acquires, or imports or who
purchases or acquires from a manufacturer within the State
regulated beverages for resale.
(29) `Wine' means wine containing not more than
twenty-one percent of alcohol by volume.
Section 61-3-20. Beer and wine are nonalcoholic and
nonintoxicating beverages.
Section 61-3-30. It is lawful, subject to other requirements
of this title, for a person who is twenty-one years of age or
older to transport, possess, or consume lawfully acquired
alcoholic liquors in accordance with the following:
(1) A person may transport alcoholic liquors to and from
a place where alcoholic liquors may be possessed or consumed
lawfully. However, if the cap or seal on the container has been
opened or broken, it is unlawful to transport the alcoholic
liquors in a motor vehicle, except in the luggage compartment
or cargo area.
(2) A person may possess or consume alcoholic liquors:
(a) in a private residence or hotel room;
(b) on other property not engaged in a business or
commercial activity or at private gatherings, receptions, or
occasions of a single and isolated nature, not on a repetitive or
continuous basis, with the express permission of the owner and
other persons in possession of the property and to which the
general public is not invited. However, this does not authorize
the possession or consumption of alcoholic liquors on premises
open to the general public for which a license has been obtained
pursuant to items (3) and (4);
(c) in separate and private areas of an establishment
whether or not the establishment includes premises licensed
pursuant to items (3) and (4), where specific individuals have
leased the areas for a function not open to the general public.
(3) Nonprofit organizations with limited membership, not
open to the general public, established for social, benevolent,
patriotic, recreational, or fraternal purposes and meeting the
other requirements of Section 33-31-10 may be licensed to sell
alcoholic liquors in sealed containers of two ounces or less.
Members or guests of members of the organizations may
consume alcoholic liquors sold in the containers upon the
premises between ten a.m. and two a.m. on the next day.
(4) Except on Sunday, it is lawful to sell and consume
alcoholic liquors sold in sealed containers of two ounces or less
in a business establishment between ten a.m. and two a.m. the
next day if the establishment meets the following requirements:
(a) The business is engaged primarily and substantially
in the preparation and serving of meals or furnishing of
lodging.
(b) The business has a license from the commission
permitting the sale and consumption of alcoholic liquors which
is displayed conspicuously on the main entrance to the premises
and clearly visible from the outside.
Section 61-3-40. (A) It is unlawful for a person to possess
or consume regulated beverages upon premises where the
person has been forbidden to possess or consume regulated
beverages by the owner, operator, or person in charge of the
premises.
(B) No person, partnership, corporation, or organization
for whose premises a license or permit is required knowingly
may allow the possession or consumption of regulated
beverages upon the premises unless a valid license or permit
has been obtained and is displayed properly.
Section 61-3-50. The South Carolina Alcoholic Beverage
Control Commission has the exclusive power to grant, issue,
suspend, and revoke licenses and permits provided in this title.
The commission may grant, subject to revocation:
(1)(a) alcoholic liquor manufacturers' licenses which
authorize the licensees to manufacture alcoholic liquors and to
sell and deliver or ship them in bottles or in like closed
containers to an alcoholic liquor wholesaler licensed in this
State and in barrels, bottles, or other closed containers to
persons outside this State. However, no deliveries or shipments
may be made into a state the laws of which prohibit the
consignee from receiving or selling the alcoholic liquors;
(b) alcoholic liquor wholesalers' licenses which
authorize the licensees to purchase, store, keep, possess, or
import into this State or transport, sell, or deliver to persons
having alcoholic liquor manufacturers' or retailers' licenses
alcoholic liquors in bottles or like closed containers;
(c) alcoholic liquor retail dealers' licenses which
authorize the licensees to purchase alcoholic liquors from
alcoholic liquor wholesalers and to store, keep, possess, or sell
alcoholic liquors at retail for off-premises consumption in
compliance with this title and regulations of the commission;
(d) alcoholic liquor retail dealers' sale and consumption
licenses which authorize the licensees to sell alcoholic liquors
in sealed containers of two ounces or less for on-premises
consumption in compliance with this title and regulations of the
commission;
(2)(a) beer or wine importers' permits which authorize the
permittees to import beer, wine, or a beverage declared to be
nonalcoholic and nonintoxicating;
(b) beer or wine manufacturers' permits which
authorize the permittees to manufacture, sell, and deliver beer,
wine, or a beverage declared to be nonalcoholic and
nonintoxicating to a permitted beer or wine wholesaler;
(c) beer or wine wholesalers' permits which authorize
the permittees to purchase, possess, sell, and deliver beer, wine,
or a beverage declared to be nonalcoholic and nonintoxicating
to permitted beer or wine manufacturers or retail dealers and
wholesalers as authorized by Section 61-7-310.
(d) beer or wine retail dealers' permits which authorize
the permittees to purchase beer, wine, or a beverage declared to
be nonalcoholic and nonintoxicating from beer or wine
wholesalers and to store, keep, possess, or sell the beverages at
retail for consumption in compliance with this title and
regulations of the commission;
Section 61-3-60. (A) Unless the commission orders
otherwise, to be eligible for a license or permit under this title
a person who will have actual control and management of the
business proposed to be operated:
(1) must be twenty-one years of age or older;
(2) must be a resident of South Carolina;
(3) must be organized as a nonprofit organization or
shall conduct a business engaged primarily and substantially in
the preparation and serving of meals or furnishing of lodging.
This requirement applies only to licenses for alcoholic liquors
in sealed containers of two ounces or less;
(4) must be of good moral character if the applicant is
an individual or, if a corporation or association, must have a
reputation for peace and good order in its community, and its
principals must be of good moral character;
(5) must be a suitable person to be licensed;
(6) shall employ on the premises as agents, employees,
or servants or in another fashion persons of good moral
character;
(7) may not have a license or permit under the statutes
of this State regulating the manufacture or sale of regulated
beverages revoked within five years of filing the application;
(8) must not have been convicted of a felony within ten
years of filing the application.
(B) The commission shall refuse to grant a license or
permit if it is of the opinion that the place of business is not
suitable. However, the commission may refuse to grant a retail
alcoholic liquor license if a sufficient number of retail alcoholic
liquor licenses have been issued in the State or area.
(C) The commission may not consider for a permanent
permit or permanent license an applicant who has not been a
bona fide actual resident of and maintained his principal place
of abode in South Carolina for at least one year before the date
of application.
(D) Applications for sale and consumption licenses must
describe with particularity the specific areas within the licensed
premises upon which the licensee shall store, sell, and serve
alcoholic liquors in sealed containers of two ounces or less.
This description must include, but is not limited to, the
buildings affected, floors, rooms, patios, and recreation areas
where authorization is requested to conduct the functions in this
subsection.
(E) Upon the written request of a person who resides in
the county where the license or permit is requested to be
granted, the commission may not issue the license or permit
until interested persons have been given an opportunity to be
heard.
Section 61-3-70. (A) A holder of a retail alcoholic liquor
license shall apply for and procure from the commission a
license to sell alcoholic liquors in sealed containers of two
ounces or less before a sale is made. The license must be
issued by the commission at no charge.
(B) A licensed retail alcoholic liquor dealer who holds a
license to sell alcoholic liquors in sealed containers of two
ounces or less to establishments licensed to resell the containers
shall invoice or bill sales on standard invoice forms approved
by the commission. The invoice forms must reflect license
numbers, quantity sold of each brand, and cost to the purchaser.
The invoice forms must be in triplicate:
(1) white copy to the purchaser;
(2) yellow copy to the Tax Commission not later than
the tenth of the month after the month of sale;
(3) green copy retained by the seller.
Section 61-3-80. (A) An initial or a renewal sale and
consumption of alcoholic liquor license for a nonprofit
organization may be issued only to a nonprofit organization
organized and existing under the laws of South Carolina. It
must be operated solely and exclusively for social, benevolent,
patriotic, recreational, or fraternal purposes but not for
pecuniary gain or profit. No part of its net earnings may
directly benefit a member or shareholder. This license must not
be granted to or held by an organization which is or has been
organized and operated primarily to obtain or hold a license to
sell alcoholic liquors but only to one with limited membership
to which the sale of alcoholic liquors is incidental to its main
purpose.
(B) The nonprofit organization must have a definite fixed
method of electing persons on an individual basis to
membership in the organization. This method must be
described in the bylaws and must bear a reasonable relation to
the organization's object and purpose. The organization must
be maintained by its members through the payment of monthly,
quarterly, or annual fees or dues.
(C) The affairs and management of the nonprofit
organization must be conducted by a board of directors, an
executive committee, or a similar governing body chosen by the
members at a regular meeting held at periodic intervals but at
least annually. However, organizations operated for the benefit
of universities and similar public institutions pursuant to
Internal Revenue Code Section 501(c)(3) may be governed by
a board or committee if provided in the bylaws.
(D) Upon dissolution, liquidation, or final termination of
the operations of the nonprofit organization, its residual assets
may not benefit directly a member or shareholder but must be
turned over to one or more nonprofit organizations organized
and operated for charitable purposes or for other purposes
authorized under this title.
(E) No member, officer, agent, or employee of the
nonprofit organization may be paid or directly or indirectly
receive as salary or other compensation profit from the sale or
distribution of alcoholic liquors beyond the salary fixed and
voted on at a regular meeting by the members or at a regular
meeting by the governing body out of general revenue. Salaries
and compensation must be reasonable for services actually
performed.
(F) The nonprofit organization shall file with its
application for this license a:
(1) certified copy of its charter;
(2) copy of its bylaws;
(3) list of its officers and directors showing names,
ages, correct mailing addresses, and business employment.
(G) After receiving the license, each nonprofit
organization shall file with the commission a:
(1) change in the board of directors, executive
committee, or similar governing body within thirty days of the
effective date of the change;
(2) change in the bylaws and membership effected
during the preceding twelve months with an application for
license renewal;
(3) financial statement and profit and loss statement for
the latest calendar year or fiscal year, with an application for
license renewal;
(4) sworn statement by an authorized officer that it is
operated on a nonprofit and limited membership basis.
(H) Licensees under this section shall maintain the
following records on their premises and make them available
for inspection by an authorized representative of the
commission:
(1) complete membership record showing the date of
application of the proposed member, date of admission after
election, date initiation fees and dues are paid, amounts paid,
and member's correct mailing address;
(2) books and records relating to the financial
transactions and activities of the licensee, including income
record, expenditure record, and bank account maintained in a
form established by regulation of the commission.
(I) Only members and guests of members of the nonprofit
organizations may consume alcoholic liquors sold in sealed
containers of two ounces or less upon the licensed premises.
Guests are limited to those who accompany a member on the
premises or for whom the member has made prior arrangements
with the management of the organization.
Section 61-3-90. (A) No license or permit may be issued
to a corporation or association as such, and if an application is
made for a corporation or association, the license or permit, if
granted, must be issued to an officer in the case of a license or
to an officer or agent in the case of a permit. The officer or
agent assumes all responsibility under the license or permit as
an individual and is subject to the provisions and penalties set
forth in this title applicable to individual licensees or
permittees.
(B) If a licensed or permitted officer or agent of a
corporation is replaced, it is not necessary that a new license or
permit be obtained if no violations are pending.
(C) Permits and licenses issued for use at a particular
location must be issued in the name of one individual. This
requirement applies to sole proprietorships and persons holding
permits and licenses on behalf of partnerships, corporations,
associations, and organizations.
(D) Veterans clubs, associations, corporations, and similar
organizations are responsible for violations which occur on the
licensed or permitted premises in addition to the individual who
holds the license or permit for the use of the organizations.
Section 61-3-100. (A) The commission may not grant or
issue an alcoholic liquor license under this title if the place of
business is within three hundred feet of a church, school, or
playground situated within a municipality or within five
hundred feet of a church, school, or playground situated outside
a municipality. The distance must be computed by following
the shortest route of ordinary pedestrian or vehicular travel
along the public thoroughfare from the nearest point of the
grounds in use as part of the church, school, or playground.
(B) The restrictions in this section do not apply to the
renewal of licenses existing on July 10, 1960, or retail alcoholic
liquor licenses to sell alcoholic liquors in sealed containers of
two ounces or less existing on November 7, 1962, or to
locations existing on those dates.
(C) As used in this section:
(1) `Church' means an establishment, other than a
private dwelling, where religious services usually are
conducted.
(2) `School' means an establishment, other than a
private dwelling, where the processes of education usually are
conducted.
(3) `Playground' means a place, other than grounds at
a private dwelling, which is provided by the public or members
of a community for recreation.
Section 61-3-110. (A) Licenses and permits are the
property of the commission, are not transferable, and, upon the
request of the commission, upon the termination of a business,
upon a change of its ownership, possession, or control, or upon
a change in the character of the property, facilities, or nature of
business for which a license or permit has been obtained, must
be surrendered immediately to the commission. The transfer of
twenty-five percent or more of corporate stock is considered a
change of ownership.
(B) A license or permit must be issued for a designated
location and must not be transferred to another location. A
separate license and permit is required for each separate
location of a business or for each separate area in which
regulated beverages are sold. For the purposes of this
subsection, a hotel consists of all contiguous lawns, patios,
pools, dining areas, drinking facilities, and conference facilities.
(C) No retail alcoholic liquor license may be issued to
more than one member of a household.
(D) No more than three retail alcoholic liquor licenses may
be issued to a licensee, and he must be eligible for a license
with respect to each establishment.
Section 61-3-120. The commission may not hear an
application for a license or permit issued under this title:
(1) for two years after the applicant has had an application
denied due to his criminal record or is determined to be an
unsuitable or improper person to hold a license or permit unless
the commission in its discretion decides the hearing is proper
and grants it;
(2) after an application has been denied due to the location
being declared by the commission to be unsuitable or improper
unless the applicant affirmatively shows that a material change
in the location has occurred or unless the commission in its
discretion decides the hearing is proper and grants it.
Section 61-3-130. (A) A person intending to apply for
a license or permit provided under the provisions of this chapter
shall publish, at least once a week for three successive weeks
on the same day of each week in a newspaper published or
having a general circulation in the county, city, or community
in which the person proposes to engage in business, a notice of
his intention to apply. The first notice must be published at
least thirty days before the license or permit is granted. The
notice must be in large type and cover a space not less than one
column wide and not less than two inches deep and must state
the type of license or permit to be applied for and the exact
location at which the proposed business is to be operated.
(B) Notice also must be given by displaying a sign for
fifteen days at the site of the proposed business. The sign must:
(1) state the type of license or permit sought;
(2) tell an interested person where to protest the
application;
(3) be in bold type;
(4) cover a space at least eleven inches wide and eight
and one-half inches high;
(5) be posted and removed by an agent of the
commission.
(C) This section does not apply to licenses issued under
Section 61-3-70 to licensed retail alcoholic liquor stores, to
temporary permits or licenses issued under Section 61-3-190,
or to cooking licenses issued under Section 61-3-210.
Section 61-3-140. The requirement of publication of
notice before applying for a license or permit does not apply to
a person renewing a license or permit under this title.
Section 61-3-150. A person desiring a license or permit
under this chapter, after publishing the required notice of
intention to apply, shall file with the commission an application
in writing on forms provided by the commission containing a
statement under oath setting forth:
(1) the name, address, age, race, and nationality of the
person applying for the license or permit;
(2) the name, address, age, race, and nationality of the
person who will have actual control and management of the
business proposed to be operated;
(3) the exact location and a description of the place where
the business is proposed to be operated;
(4) whether the applicant or the person who will have
actual control and management of the business proposed to be
operated has had a license or permit under the provisions of this
title or a previous statute regulating the manufacture or sale of
regulated beverages;
(5) other information required by regulation of the
commission.
Section 61-3-160. The commission may not issue a
license or permit until the license or permit tax required by
Title 12 has been paid by the applicant.
Section 61-3-170. (A) The commission may require an
applicant for a retail or wholesale beer or wine permit to post
a cash bond or surety bond with a bonding company approved
by the Insurance Commission of South Carolina as an
additional condition for a permit or license. The bond must be
in an amount determined by the commission and is subject to
forfeiture in whole or in part for violations of law relating to the
sale of beer or wine.
(B) A person upon whose application for an alcoholic
liquor retail license the commission has acted favorably, within
ten days from the date he receives notice of the action, shall:
(1) if a manufacturer's, retail dealer's, or sale and
consumption license, file with the commission a bond payable
to the State, in a form approved by the commission, in the penal
sum of two thousand dollars, with a surety or guaranty
company authorized to do business in this State and approved
by the Insurance Commission as surety, conditioned upon the
lawful operation of the business and the prompt payment of
license taxes;
(2) if a wholesaler's license, file with the commission
a bond of not more than five hundred thousand dollars payable
to the State in a form approved by the commission, in the penal
sum which in the opinion of the commission is sufficient to
protect the interests of the State, with a surety or guaranty
company authorized to do business in this State and approved
by the Insurance Commission as surety, conditioned upon the
lawful operation of the business and the prompt payment of
taxes; or
(3) deposit with the State Treasurer cash in the amount
of the bond provided in item (1) or (2) or deposit securities
sufficient in the opinion of the State Treasurer to secure
adequately the amount of the bond. The deposit must be made
upon the same condition as that required in the bond and must
be held by the State Treasurer without interest.
Section 61-3-180. An establishment that holds a beer and
wine permit and a license to sell alcoholic liquors in sealed
containers of two ounces or less may sell wine which is not
more than twenty-one percent of alcohol by volume to be
consumed on the premises.
Section 61-3-190. The commission may issue the
following temporary licenses or permits:
(1) A license not to exceed seventy-two hours to allow the
possession and consumption of alcoholic liquors must be issued
upon request to the public authorities in charge of a publicly
owned auditorium, coliseum, or armory. The license is for the
benefit of a person leasing or otherwise lawfully using the
building.
(2) A temporary license for not more than twenty-four
hours may be issued to organizations not organized for profit
which permits them to purchase and sell at a single social
occasion alcoholic liquors in sealed containers of two ounces
or less. The issuance of the permit to the organization
authorizes it to purchase alcoholic liquors in sealed containers
of two ounces or less from licensed alcoholic liquor dealers.
The commission shall charge a nonrefundable filing fee of
thirty-five dollars for processing each application. The license
application must include a statement by the applicant as to the
amount of alcoholic liquors to be purchased and the nature and
date of the social occasion at which they are to be sold. The
issuance or nonissuance of licenses authorized under this
section is within the sole discretion of the commission.
(3) A temporary license to allow the possession, sale, and
consumption of alcoholic liquors may be issued for not more
than twenty-four hours. It may be issued only to a nonprofit
organization, as defined in this title, that has been in existence
and operating for at least twelve months before the date of
application, to nonprofit educational foundations, and to
political parties and their affiliates certified by the Secretary of
State. The commission shall charge a nonrefundable filing fee
of thirty-five dollars for processing each application. The
commission in its sole discretion shall specify the terms and
conditions of the license.
(4) A temporary license may be issued to allow the
possession, sale, and consumption of alcoholic liquors in sealed
containers of two ounces or less. This license is valid for not
more than twenty-four hours and may be issued only to
nonprofit organizations and business establishments otherwise
authorized to be licensed for sales. The commission shall
charge a nonrefundable filing fee of one hundred dollars for
processing each application and a daily license fee of fifty
dollars for each day for which a license is approved. An
application must be filed for each license requested. The
license fees must be credited to the general fund of the State.
The commission in its sole discretion shall specify the terms
and conditions of the license.
(5) A temporary permit authorizing the sale of beer and
wine not to exceed fifteen days for a fee of ten dollars a day
may be issued only for locations at fairs and special functions.
Section 61-3-200. (A) Licenses authorized by Section
61-3-190(4) may be issued only in those counties or
municipalities where a majority of the qualified electors voting
in a referendum vote in favor of the issuance of the licenses.
The county or municipal election commission, as the case may
be, shall conduct a referendum upon petition of at least ten
percent of but not more than twenty-five hundred qualified
electors of the county or municipality in not less than thirty nor
more than forty days after receiving the petition. The election
commission shall cause a notice to be published in a newspaper
circulated in the county or municipality at least seven days
before the referendum. The state election laws apply to the
referendum mutatis mutandis. The election commission shall
publish the results of the referendum and certify them to the
commission.
(B) The question on the ballot must read substantially as
follows:
`Must the South Carolina Alcoholic Beverage Control
Commission be authorized to issue temporary licenses in this
(county)(municipality) for not more than twenty-four hours to
allow the possession, sale, and consumption of alcoholic
liquors in sealed containers of two ounces or less to nonprofit
organizations and business establishments otherwise authorized
to be licensed for sales?'
(C) A referendum for this purpose must not be held more
often than once in forty-eight months. The expenses of the
referendum must be paid by the county or municipality
conducting it.
Section 61-3-210. (A) An establishment which offers
meals to the public may secure a license from the commission
to purchase and possess alcoholic liquors used solely in the
cooking and preparing of foods to be served by the
establishment. As used in this section, `food' means nutritive
material taken into the body by eating and does not include
liquids or drinks to which liqueurs or similar alcoholic liquors
are added and served for consumption as beverages. `Similar
alcoholic liquors' includes liqueurs, brandies, cordials, and
other related alcoholic liquors commonly used in the cooking
and preparation of foods.
(B) Application for the license must be in a form and under
conditions prescribed by the commission. The application must
be accompanied by an annual license fee of twenty-five dollars.
(C) The license in this section does not alter or limit the
privileges or responsibilities for holders of licenses issued to
authorize the possession, sale, and consumption of alcoholic
liquors in sealed containers of two ounces or less.
Establishments so licensed may use alcoholic liquors in the
preparation of food without obtaining the license provided in
this section if only sealed containers of two ounces or less are
used in the food preparation. However, no application for a
license under this section may be accepted unless the applicant
also has a license for the sale and consumption of alcoholic
liquors in sealed containers of two ounces or less.
(D) The license required by this section must be displayed
conspicuously in the area in which the alcoholic liquors are
used in the cooking and preparation of foods.
(E) Alcoholic liquors in sealed containers of more than
two ounces possessed on the premises of an establishment
pursuant to a license under this section must be locked in a
cabinet, locker, or similar compartment located in the cooking
area at all times except when physically being used in the
preparation and cooking of foods.
(F) A licensee may not possess on his premises alcoholic
liquors in containers of more than two ounces to be used in the
preparation of foods in excess of the amount necessary to meet
normal usage requirements for a fifteen-day period.
(G) Alcoholic liquors stored on the premises of a licensed
establishment for cooking purposes must be used exclusively
in the preparation of food for service to the public and must not
be sold or consumed as a beverage.
(H) An applicant for a license under this section shall file
a surety bond of one thousand dollars with each application.
The surety bond must be issued by a company authorized to do
business in this State.
(I) A person violating this section is guilty of a
misdemeanor and, upon conviction, must be fined five hundred
dollars, and all licenses and permits he holds from the
commission are revoked.
Section 61-3-220. All licenses and permits issued under
the provisions of this title expire annually according to the
county where the licensed or permitted location is situated. The
expiration dates are:
(1) the last day of February for Allendale, Bamberg,
Barnwell, Beaufort, Berkeley, Charleston, Clarendon, Colleton,
Dorchester, Georgetown, Hampton, Jasper, and Williamsburg
counties;
(2) the last day of May for Cherokee, Chester,
Chesterfield, Darlington, Dillon, Fairfield, Florence, Horry,
Lancaster, Marion, Marlboro, Union, and York counties;
(3) the last day of August for Calhoun, Kershaw, Lee,
Orangeburg, Sumter, and Richland counties;
(4) the last day of November for Abbeville, Aiken,
Anderson, Edgefield, Greenville, Greenwood, Laurens,
Lexington, McCormick, Newberry, Oconee, Pickens, Saluda,
and Spartanburg counties.
Section 61-3-230. Except where a license or permit is
granted to more than one person, if a licensee or permittee dies,
the executor or administrator, with the consent of the court of
probate and upon permission of the commission, may continue
the operation of the business covered by the license or permit.
If the executor or administrator elects to discontinue the
business or if the commission does not issue a license or permit
for its continuance, the unearned portion of the license or
permit tax, computed on the basis of the cost of the license or
permit for each month for the period for which it was issued,
must be refunded to the executor or administrator, and
alcoholic liquors of the deceased which come into the hands of
the executor or administrator may be sold by him in the manner
provided by Section 61-3-340.
Section 61-3-240. (A) A retail beer or wine permittee
shall pay the commission an annual fee of two hundred dollars.
(B) A wholesale beer or wine permittee shall pay the
commission an annual fee of one thousand dollars.
(C) A sale and consumption licensee for a nonprofit
organization, or for a business establishment, as defined in this
title, shall pay the commission an annual fee of seven hundred
fifty dollars.
(D) A retail alcoholic liquor licensee shall pay the
commission an annual fee of six hundred dollars.
(E) A wholesale alcoholic liquor licensee shall pay the
commission an annual fee of ten thousand dollars.
(F) A manufacturer's alcoholic liquor licensee shall pay
the commission an annual fee of twenty-five thousand dollars.
(G) A person who initially applies for a license or permit
after the first day of a license or permit year shall pay license
and permit fees in accordance with the following schedule:
(1) during the first quarter: the entire fee;
(2) during the second quarter: three-fourths of the fee;
(3) during the third quarter: one-half of the fee;
(4) during the final quarter: one-fourth of the fee.
(H) Except as provided in Section 61-3-210, each initial
application for a permit must be accompanied by a
nonrefundable filing fee of two hundred dollars, and each initial
application for a license must be accompanied by a
nonrefundable filing fee of one hundred dollars. The fee must
accompany the initial application for each location and is not
refundable.
Section 61-3-250. The commission may not issue licenses
or permits for on- or off-premises consumption which authorize
regulated beverages to be sold on a drive-through or curb
service basis. A licensee or permittee or his employee or agent
may not sell or deliver regulated beverages to a person who
remains in a motor vehicle during the transaction and may not
sell or deliver regulated beverages at a drive-in or
drive-through establishment or on a curb service basis.
Section 61-3-260. A person or organization licensed or
permitted by the commission may hold and advertise special
events such as bingo, raffles, or other similar activities intended
to raise money for charitable purposes. This section does not
affect the requirements for obtaining a bingo license from the
South Carolina Tax Commission.
Section 61-3-270. (A) A restaurant with a Class A or B
license issued by the South Carolina Department of Health and
Environmental Control may serve food or beverages at its
adjoining facilities located outside the restaurant if the food is
prepared in a kitchen of the restaurant which is subject to
inspection by the department and is placed on individual plates
or in individual serving dishes inside the restaurant and if
uncovered containers in which the beverages are served are
filled only to satisfy the order of a customer.
(B) This section does not allow a Class B restaurant to
sell, dispense, barter, or trade in alcoholic liquors in sealed
containers of two ounces or less.
(C) The existing law controlling Class B restaurants in
reference to the sale or dispensing of regulated beverages is not
affected.
(D) The licensed premises of a business establishment
which is engaged primarily and substantially in the preparation
and service of meals and which holds a valid license for the
sale and consumption of alcoholic liquors in sealed containers
of two ounces or less does not extend to a portion of the
business establishment or the property upon which it is located
which is designed as or used for a parking area or a deck to a
swimming pool even though food may be served in the area.
(E) A nonprofit organization does not qualify for a sale
and consumption license unless the premises to be licensed are
located in a place separate and distinct from the premises of a
business operation including establishments licensed to sell
alcoholic liquors in sealed containers of two ounces or less.
Premises which are separate and distinct from business
operations must bear a different address, have a separate
entrance, and not be connected by common doors or
passageways with the business premises.
Section 61-3-280. Licenses, permits, and certificates
issued under this title must be displayed conspicuously on the
premises.
Section 61-3-290. When a sale and consumption licensee
sells alcoholic liquor in a sealed container of two ounces or
less, the purchaser shall break the seal unless the seller breaks
the seal in the presence of the purchaser and delivers the
container.
Section 61-3-300. A business establishment that holds a
sale and consumption license and is not engaged in the
furnishing of lodging:
(1) must be equipped with a kitchen that is utilized for the
cooking, preparation, and serving of meals;
(2) must have readily available to guests and patrons
either `menus' with listings of the various meals offered for
service or listings of available meals and foods posted in a
conspicuous place readily discernible by the guests and patrons;
(3) shall prepare for service to guests and patrons hot
meals at least once each day when it is open;
(4) if it advertises, shall devote a substantial portion of
advertising to its food services.
Section 61-3-310. (A) This title does not apply to
alcohol intended for use in the manufacture and sale of the
following when they are unfit for beverage purposes:
(1) denatured alcohol produced and used pursuant to
acts of Congress and related regulations;
(2) patent, proprietary, medicinal, pharmaceutical,
antiseptic, and toilet preparations;
(3) flavoring extracts, syrups, and food products;
(4) scientific, chemical, mechanical, and industrial
products.
(B) A person who knowingly sells the products
enumerated in subsection (A) for beverage purposes is subject
to the penalties in Section 61-3-830(B).
(C) This title does not apply to ethyl alcohol intended for
use by hospitals, colleges, governmental agencies, and other
permittees entitled to obtain the alcohol tax free, as provided by
acts of Congress and related regulations.
Section 61-3-315. The commission may establish
conditions or restrictions it considers necessary before issuing
or renewing a license or permit.
Article 3
Revocation, Suspension, Nonrenewal, and
Surrender of Licenses and Permits
Section 61-3-320. A misstatement or concealment of fact
in an application for a license or permit is sufficient ground for
its revocation.
Section 61-3-330. (A) When a license or permit is
suspended or revoked, no partner or person with a financial
interest in the business or premises nor a person within the third
degree of kinship to the person to whom a license or permit has
been issued may be issued a license or permit for the premises
concerned.
(B) A person whose license or permit has been suspended
or revoked is not eligible for a license or permit at another
location while the suspension or revocation is in effect, and the
commission may suspend or revoke other licenses or permits
held by the person if the suspended or revoked premises is
within close proximity.
Section 61-3-340. Regulated beverages owned by or in
possession of a licensee or permittee for sale when his license
or permit is suspended, revoked, or terminated in another
manner, upon a permit issued by the commission and within the
time and upon conditions the commission specifies, may be
sold by the licensee or permittee to persons in this State
licensed or permitted under this title. Upon a permit issued by
the commission and within the time fixed in it, the regulated
beverages may be sold to persons outside of South Carolina for
resale outside the State. However, no deliveries or shipments
may be made into a state the laws of which prohibit the
consignee from receiving or selling the regulated beverages.
The time fixed by the commission in the permit must not be
less than sixty days.
Section 61-3-350. (A) No holder of a license or permit
authorizing the sale of regulated beverages or a servant, agent,
or employee of the licensee or permittee knowingly may do one
or more of the following acts upon the licensed or permitted
premises:
(1) sell regulated beverages to a person under
twenty-one years of age;
(2) sell regulated beverages to a person while he is in
an intoxicated condition;
(3) permit gambling or games of chance;
(4) permit lewd, immoral, or improper entertainment,
conduct, or practices. This includes, but is not limited to,
entertainment, conduct, or practices where a person is in a state
of undress so as to expose the human male or female genitals,
pubic area, or buttocks cavity with less than a full opaque
covering;
(5) permit an act which creates a public nuisance or
which constitutes a crime under the laws of this State;
(6) sell, offer for sale, or possess regulated beverages
the sale or possession of which is prohibited on the licensed or
permitted premises under the laws of this State;
(7) sell, offer for sale, deliver, or permit the removal of
beer or wine between twelve Saturday night and seven a.m.
Monday. However, an establishment licensed or permitted
pursuant to this title for on-premises sale and consumption may
sell the products during those hours in which the sale of
alcoholic liquors in sealed containers of two ounces or less is
lawful. Delivery or removal of beer or wine between these
hours is prima facie evidence that a sale was made.
(B) A violation of subsection (A) is a ground for the
revocation or suspension of the holder's license or permit, or
both.
Section 61-3-360. The commission has jurisdiction of
proceedings brought for the revocation or suspension of
licenses or permits authorizing the sale of regulated beverages.
On its own initiative or on complaint signed and sworn to by
two or more residents for the preceding six months in the
community in which the licensed or permitted premises are
located or by a local law enforcement officer, all of whom are
charged with reporting immediately to the commission a
violation of this title, the commission may institute proceedings
to revoke or suspend a license or permit after a hearing at
which the licensee or permittee is given an opportunity to be
heard.
Section 61-3-370. In considering an application for a
permit for the sale of beer or wine at a location within five
miles of a political subdivision of a foreign state in which the
sale of beer or wine is prohibited, the commission, in addition
to the factors now required to be considered, shall take into
account the proximity of the location to the prohibited area, the
likelihood large crowds will gather with attendant breaches of
the peace, the requirement of increased law enforcement
officers, and other factors which in its judgment rightfully must
be considered before issuing the permit. However, these
special considerations do not apply where the application is
made with respect to a location within the corporate limits of a
municipality.
Section 61-3-380. The commission may investigate
violations of this title and furnish to the prosecuting attorney of
a court having jurisdiction information with respect to
violations. The commission may enforce compliance with the
provisions of an injunction granted by the court under the terms
of this title. If the court finds that there has been a violation of
the provisions of an injunction granted by it, the commission
may revoke or suspend a license, permit, or certificate.
Section 61-3-390. (A) Wholesale and retail alcoholic
liquor licensees and permittees may not sell alcoholic liquors
on credit.
(B) A holder of a license or permit to sell regulated
beverages at retail must not be indebted to a wholesaler.
(C) A holder of a license or permit to sell regulated
beverages at retail may not purchase regulated beverages from
a wholesaler on credit by dishonored check, unpaid note,
invoice, or other manner.
(D) Regulated beverages sold by wholesalers to the
holders of retail licenses or permits may be sold only for cash
paid before or at the time of delivery. Cash means money or a
check or money order. A holder of a retail license or permit
who issues a check in payment for regulated beverages with
insufficient funds at the bank to cover it violates this section.
(E) The requirement for cash payment applies to cash
deposits on empties when beer is delivered in returnable
containers. This deposit must not be less than the charge from
the brewery to the wholesaler and not less than sixty cents for
each case of twenty-four twelve-ounce bottles or twelve
one-quart bottles.
(F) A violation of this section is a ground for the
immediate revocation or suspension of the wholesaler's or
retailer's license or permit.
Section 61-3-400. Bank or other credit cards may be used
for the purchase of alcoholic liquors from retailers if the issuing
bank or other organization guarantees payment of the
instrument representing a purchase through the credit card plan
immediately upon presentation by the retailer. A card plan
which has recourse upon the retailer must not be accepted for
payment.
Section 61-3-410. It is unlawful for a person licensed to
sell alcoholic liquors to refill a container of two ounces or less.
A person who violates this section, upon conviction, must have
his license revoked permanently.
Article 5
Regulated Beverages - Nuisances,
Offenses, and Penalties
Section 61-3-510. (A) A conviction, a plea of guilty, a
forfeiture of bond, or a plea of nolo contendere under Sections
61-3-640 through 61-3-1030, except Section 61-3-750,
automatically suspends an alcoholic liquor license and beer and
wine permit issued to the party convicted, pleading guilty,
forfeiting bond, or pleading nolo contendere. However, as an
alternative to the suspension of the license or permit, the
commission may impose a monetary penalty.
(B) For a first offense, the license or permit must be
suspended for one year, or the commission may impose a
penalty of two hundred fifty dollars. For a subsequent offense,
the offender's license or permit must be suspended for two
years, or the commission may impose a penalty of five hundred
dollars.
(C) If the party convicted, pleading guilty, forfeiting bond,
or pleading nolo contendere does not possess a license or
permit, for his first offense, he is not eligible for the issuance of
a license or permit for one year. For a subsequent offense, he
is not eligible for the issuance of a license or permit for two
years.
Section 61-3-520. (A) For violations of this title,
Chapter 21 or 33 of Title 12, or related regulations, the
commission may impose a monetary penalty upon the holder of
an alcoholic liquor license or beer and wine permit instead of
suspension or revocation.
(B) In these cases the amount of penalty imposed, if any,
must be determined within the following limits by the
commission:
(1) For violations, retail beer and wine permittees are
subject to a penalty of not less than twenty-five nor more than
one thousand dollars.
(2) Wholesale beer and wine permittees and retail
alcoholic liquor licensees are subject to a penalty of not less
than one hundred nor more than one thousand five hundred
dollars.
(3) Wholesale alcoholic liquor licensees are subject to
a penalty of not less than five hundred nor more than five
thousand dollars.
Section 61-3-530. The penalties provided in Sections
61-3-510 and 61-3-520 must be paid into the State Treasury for
credit to the general fund of the State for public school use.
These penalties are in addition to fines and penalties imposed
upon the licensees or permittees by a court of competent
jurisdiction.
Section 61-3-535. (A) The commission may suspend,
revoke, or deny renewal of a license or permit if it is of the
opinion that either the:
(1) licensee or permittee is not a suitable person to hold
the license or permit;
(2) place of business occupied by the licensee or
permittee is not a suitable place.
(B) The commission may suspend, revoke, or refuse to
renew a license, permit, or certificate of registration upon
finding that the applicant, licensee, permittee, or registrant:
(1) no longer meets the requirements of this title;
(2) since the issuance of the license, permit, or
certificate has violated a regulation promulgated by the
commission;
(3) since the issuance of the license, permit, or
certificate has violated a provision of this title; or
(4) permits entertainment on the licensed premises
where a person is in a state of undress so as to expose the
human male or female genitals, pubic area, or buttocks cavity
with less than a full opaque covering.
Section 61-3-540. (A) The commission may impose a
monetary penalty as an alternative to revocation or suspension
where the commission may suspend or revoke a license or
permit. The commission also may suspend payment of the
monetary penalty.
(B) If the commission imposes a monetary penalty and it
is not paid within ten days of demand by the commission, the
license or permit may be suspended or revoked by the
commission.
Section 61-3-550. A decision of the commission denying
an application for, denying renewal of, or revoking or
suspending a license or permit or imposing a monetary penalty
instead of revocation or suspension may be appealed to the
court of common pleas for the county where the licensed or
permitted premises is located or for Richland County. A
monetary penalty may be paid under protest. No appeal acts as
a supersedeas. An appeal must be conducted in accordance with
the Administrative Procedures Act.
Section 61-3-560. When a fine is imposed by the
commission on a licensee or permittee for a violation and he
fails to pay the fine and stops doing business on the premises
where the violation occurred, the commission may not require
a subsequent tenant of the premises to pay the fine as a
condition to being issued a license or permit. This prohibition
does not apply to a person who is related, by blood within the
third degree or marriage to, is in business with, or is acting for
or on behalf of, directly or indirectly, the licensee or permittee.
The burden is on the new tenant to prove that this relationship
does not exist between him and the licensee or permittee.
Section 61-3-570. The unlawful sale, barter, exchange,
storage, and keeping in possession in this State of spirituous,
malt, vinous, fermented, brewed, whether lager or rice beer, or
other beverages or a compound or mixture of them which
contains alcohol and is used as a beverage is declared a
common nuisance.
Section 61-3-580. A person may go before a magistrate in
the county and swear out an arrest warrant on personal
knowledge or on information and belief charging a violation of
Section 61-3-570 giving the names of witnesses against the
keeper or manager of the place and his assistants, if any. The
magistrate shall direct the arrest warrant either to the sheriff of
the county or to a special constable commanding the defendant
to be arrested and brought before him to be dealt with
according to law. He also shall issue a search warrant in which
the premises must be described particularly, commanding the
sheriff or constable to search the premises thoroughly and to
seize regulated beverages found, to seize vessels, bar fixtures,
screens, bottles, glasses, and appurtenances apparently used or
suitable for use in retailing regulated beverages, and to make a
complete inventory and deposit it with the sheriff.
If no action to recover the regulated beverages seized is
begun within thirty days after seizure or if an action is begun
and the judgment of the court is adverse to the plaintiff, the
regulated beverages must be destroyed publicly by the sheriff
of the county.
Section 61-3-590. Under the arrest warrant provided in
Section 61-3-580, the defendant must be arrested and brought
before the magistrate and the case must be disposed of like
other crimes. However, when the magistrate binds over the
parties for trial to the next term of court of general sessions for
the county, he shall issue the papers in the case in duplicate and
file one with the clerk of court for the county and immediately
transmit the other to the solicitor of the circuit.
Section 61-3-600. Upon receipt of the papers the solicitor
immediately shall apply to a circuit judge at chambers within
that circuit or to the nearest circuit judge if there is none in that
circuit for an order or injunction restraining the defendants or
their assistants or agents from keeping, receiving, bartering,
selling, or giving away alcoholic liquors until the further order
of the court. The circuit judge shall grant the restraining order
or injunction without requiring a bond or undertaking upon the
hearing or receipt by him of the papers from the magistrate by
the solicitor. A violation of the restraining order or injunction
is punishable as contempt of court.
Section 61-3-610. A person violating the terms of a
restraining order provided in Section 61-3-600 is guilty of
contempt and, upon conviction, must be fined not less than two
hundred nor more than one thousand dollars and imprisoned not
less than ninety days nor more than one year. In contempt
proceedings the court summarily may try and punish the guilty
party as required by law. The affidavits upon which the
attachment for contempt issues make a prima facie case for the
State. At the hearing upon the charge for contempt, evidence
may be oral or in the form of affidavits, or both. The defendant
must not be discharged necessarily upon his denial of the fact
stated in the moving papers. The clerk of court, upon the
application of either party, shall issue subpoenas for witnesses
and, except as above set forth, the practice in the contempt
proceedings must conform as nearly as possible to the practice
in the court of common pleas.
Section 61-3-620. Regulated beverages seized and their
containers must not be taken from the custody of the officers in
possession of them by any form of civil process, except as
provided in Section 61-3-580. No suit may lie for damages
alleged to arise by seizure and detention of regulated beverages
under this title.
Section 61-3-630. When a solicitor neglects or refuses to
perform a duty or to take steps required of him by this article,
the Attorney General, on his own motion or by request of the
Governor, in person or by an assistant, shall proceed to the
locality, perform the neglected duty, and take steps necessary
in the place of the solicitor. At his discretion he may cause a
prosecution to be instituted not only in the neglected matter but
also against the solicitor for malfeasance or misfeasance in
office, for official misconduct, or for other charges justified by
facts and may pursue the prosecution to the extent of a
conviction and dismissal from the office of the solicitor. Upon
dismissal, the Attorney General may appoint one or more
assistants to be paid from the litigation fund of the Attorney
General. A duty in this section imposed upon a solicitor may
be performed with equal force and effect by the Attorney
General or other person authorized by him to perform the duty.
Section 61-3-640. It is unlawful for a person to
manufacture, store, keep, accept, receive, possess, transport,
ship, buy, sell, barter, exchange, or deliver regulated beverages,
except those acquired and used in accordance with law.
Section 61-3-650. It is unlawful for a person to keep,
store, possess, carry, ship, or transport in a vehicle, vessel,
aircraft, or other chattel regulated beverages unlawfully
acquired or manufactured or on which federal and South
Carolina taxes have not been paid.
Section 61-3-660. It is unlawful for a person to transport
alcoholic liquors, even though properly manufactured and
taxed, in a motor vehicle used as a taxi or used in the
transportation of passengers for hire. However, this prohibition
does not apply to legal alcoholic liquors belonging to a
passenger being transported when they are in the passenger's
baggage or on his person. If alcoholic liquors are found in the
vehicle, the vehicle must be seized and forfeited, as provided in
this title and the alcoholic liquors must be seized as contraband
and sold as provided in Section 61-3-1140.
Section 61-3-670. A person acting as an advance, a rear
guard, or a pilot to a person transporting regulated beverages in
violation of law is guilty of the offense of knowingly
transporting regulated beverages for unlawful purposes and is
punishable as provided for the offense. The motor vehicle,
aircraft, railroad car, bicycle, motorcycle, or other vehicle or
boat, launch, or other vessel used by the person in rendering aid
may be confiscated in the same manner provided for the
confiscation of a vehicle actually used in the carrying of
regulated beverages.
Section 61-3-680. It is unlawful for a person to purchase
or otherwise procure regulated beverages other than that
purchased from licensed or permitted dealers within the State.
Section 61-3-690. It is unlawful for a person to store or
possess alcoholic liquors in his place of business other than a
licensed location. A place of business includes:
(1) where goods, wares, or merchandise is sold, offered
for sale, or distributed or a place of amusement;
(2) residences and transportation vehicles when
merchandise is sold from them;
(3) buildings including, but not limited to, warehouses and
garages when adjacent to or used in connection with a place of
business where goods, wares, or merchandise is sold, offered
for sale, or distributed.
Section 61-3-700. (A) It is unlawful for a person to
transfer or give regulated beverages to a person under
twenty-one years of age for consumption within the State. A
person who violates this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than two hundred
dollars or imprisoned not more than thirty days.
(B) This section does not apply to a spouse over
twenty-one years of age giving regulated beverages to his
spouse under that age in their home, to a parent or guardian
over twenty-one years of age giving regulated beverages to his
children or wards under that age in their home, or to a person
giving regulated beverages to another person under twenty-one
years of age in conjunction with a religious ceremony or
purpose if the regulated beverage was purchased lawfully.
Section 61-3-710. (A) A person who knowingly sells
regulated beverages to a person under twenty-one years of age
is guilty of a misdemeanor and, upon conviction, must be fined
not less than one hundred nor more than two hundred dollars or
imprisoned not less than thirty nor more than sixty days, or
both, in the discretion of the court.
(B) Failure of a person to require identification to verify
a person's age is prima facie evidence of a violation of this
section.
Section 61-3-720. If a permittee or licensee or his servant,
agent, or employee pleads guilty or nolo contendere to, is
convicted of, or forfeits bond for a criminal offense which
occurred on the licensed or permitted premises, the plea,
conviction, or forfeiture is proof that the offense occurred, and
the record is admissible in an administrative proceeding before
the commission.
Section 61-3-730. It is unlawful for a person under
twenty-one years of age to work as an employee or otherwise
in a retail, wholesale, or manufacturing alcoholic liquor
business or business establishment or for a person knowingly
to employ a person under twenty-one years of age in the
business or business establishment. This section does not apply
to a location licensed for on-premises consumption.
Section 61-3-740. It is unlawful for a person to drink
regulated beverages on the premises of a retail, wholesale, or
manufacturing alcoholic liquor business or business
establishment. This section does not apply to a location
licensed for on-premises consumption.
Section 61-3-750. A person who drinks alcoholic liquors
in a public conveyance in this State is guilty of a misdemeanor
and, upon conviction, must be fined not more than one hundred
dollars or imprisoned for not more than thirty days. This section
does not apply to a railroad dining or club car or to an aircraft
of a commercial airline transporting passengers for hire.
Section 61-3-760. It is unlawful for a person to sell
alcoholic liquors from a vehicle, vessel, or aircraft.
Section 61-3-770. It is unlawful to sell alcoholic liquors
on Sunday, on statewide election days, or during periods
proclaimed by the Governor in the interest of law and order,
public morals, or decorum. The Governor may proclaim these
periods.
Section 61-3-780. It is unlawful for a person to advertise
alcoholic liquors by billboards along public highways and
streets. These advertisements must be destroyed by law
enforcement officers immediately upon discovery.
Section 61-3-790. If a person unlawfully manufactures,
transports, or sells alcoholic liquors or assists in the act and at
that time carries on or about his person or has on or in a vehicle
which he uses or possesses, actually or constructively, a firearm
or similar weapon, he is guilty of a misdemeanor and, upon
conviction, must be fined not less than five hundred nor more
than fifteen hundred dollars or imprisoned for not less than one
year nor more than three years.
Section 61-3-800. A person who, upon demand of a law
enforcement officer or agent of the commission, refuses to
allow full inspection of the premises or a part of it which is
licensed or permitted to sell regulated beverages or refuses to
allow full inspection of the stocks and invoices of the licensee
or permittee or who hinders or prevents the inspection is guilty
of a misdemeanor and, upon conviction, must be fined not more
than two hundred dollars or imprisoned for not more than sixty
days, or both.
Section 61-3-810. Interference by a person with,
obstruction or resistance of, or abusive language to a law
enforcement officer or person in the discharge of his duties
enjoined under this title or the use of abusive language by the
law enforcement officer or person to another person is a
misdemeanor. A person committing the offense, upon
conviction, must be fined not less than one hundred nor more
than five hundred dollars or imprisoned for not less than three
nor more than twelve months.
Section 61-3-820. A person who dispossesses or rescues
or attempts to dispossess or rescue from a law enforcement
officer regulated beverages taken or detained pursuant to the
enforcement of this title, upon conviction, must be fined not
less than five hundred nor more than fifteen hundred dollars or
imprisoned for not less than three nor more than twelve months,
or both.
Section 61-3-830. (A) A person who violates Section
61-3-680, 61-3-730, or 61-3-740 is guilty of a misdemeanor
and, upon conviction, must be punished for a:
(1) first offense, by a fine of one hundred dollars or
imprisonment for thirty days;
(2) second offense, by a fine of two hundred dollars or
imprisonment for sixty days;
(3) third or subsequent offense, by a fine of three
hundred dollars or imprisonment for ninety days;
(B) A person who violates Section 61-3-690, 61-3-770, or
61-3-780 is guilty of a misdemeanor and, upon conviction,
must be punished for a:
(1) first offense, by a fine of two hundred dollars or
imprisonment for sixty days;
(2) second offense, by a fine of one thousand dollars or
imprisonment for twelve months;
(3) subsequent offense, by a fine of two thousand
dollars or imprisonment for two years.
(C) A person who violates Sections 61-3-640 to 61-3-670,
61-3-840 to 61-3-870, or 61-3-760 is guilty of a misdemeanor
and, upon conviction, must be punished for a:
(1) first offense, by a fine of not less than six hundred
dollars or imprisonment for six months;
(2) second offense, by a fine of one thousand five
hundred dollars or imprisonment for one year;
(3) subsequent offense, by a fine of three thousand
dollars or imprisonment for two years.
Section 61-3-840. (A) It is unlawful for a person in this
State to manufacture, sell, give away, or have in his possession
a distillery, commonly called a still, an integral part of it, or an
apparatus, an appliance, a device, or a substitute for it to be
used to manufacture alcoholic liquors, in violation of the laws
of this State.
(B) The unexplained possession of a part of a still or an
apparatus, an appliance, a device, or a substitute for it,
commonly or generally used for or that is suitable to be used in
the manufacture of prohibited alcoholic liquors is prima facie
evidence of a violation of this section.
Section 61-3-850. It is unlawful for a person knowingly
to permit or allow a person to have, possess, or locate on his
premises an apparatus for the distilling or manufacturing of
alcoholic liquors.
Section 61-3-860. It is unlawful for a person knowingly
to make, manufacture, transport, possess, or permit upon his
premises mash, wort, wash, buck, or other similar material or
compound suitable for or commonly used in the manufacture of
alcoholic liquors with the intent that the material or compound
is to be used in the manufacture of alcoholic liquors. The
making, manufacture, transportation, possession, or permitting
upon premises the material or compound is declared to be a part
of the process of the manufacture of alcoholic liquors. A
person found in possession of the material or compound or
found at a place where the material or compound is stored,
kept, made, manufactured, or found is prima facie guilty of a
violation of this section.
Section 61-3-870. A person found at a distillery or other
place where alcoholic liquors are being manufactured in
violation of the laws of this State is prima facie guilty of
manufacturing alcoholic liquors or aiding and abetting in their
manufacture and, upon conviction, must be punished as if
personally manufacturing them.
Section 61-3-880. A conviction, a plea of guilty, a plea of
nolo contendere, or forfeiture of bond for a violation after
March 27, 1956, of the laws of this State or the United States
relating to regulated beverages is a prior offense for the purpose
of a prosecution or an imposition of sentence for a subsequent
violation of this title, except Section 61-3-750.
Section 61-3-890. (A) Clerks of court, magistrates, city
recorders, and other public officers in this State having charge
or responsibility with respect to keeping records of convictions,
the entry of pleas of guilty or nolo contendere, or the forfeitures
of bail posted for violations of this article, except Section
61-3-750, shall report the records to the commission within ten
days after the conviction, entry, or forfeiture or after the
receipt of the record. Reports must be made upon forms to be
provided by the commission and arranged in duplicate. The
commission shall acknowledge the filing of the report by
signing the duplicate and returning it to the officer making the
report. The duplicate must be kept by the officer as evidence
of his compliance with these requirements.
(B) A person violating this section, upon conviction, must
be fined twenty-five dollars for each failure. This fine must be
collected by the Attorney General or the solicitors of the State,
under his direction, and paid into the general funds of the State.
(C) The reports provided for in this section or certified
copies of them must be received as evidence under the
provisions of this title, except Section 61-3-750.
Section 61-3-900. The clerk of court of each county in the
State, at the conclusion of the term of the court of general
sessions, shall forward to the commission a certificate on forms
prescribed and furnished by the commission showing the name
of each person who is convicted, pleads guilty, enters a plea of
nolo contendere, or forfeits bond for a violation of this article,
except Section 61-3-750. The commission shall maintain a file
of the violations and a copy of related records. This file is
admissible in court as prima facie evidence of the facts recited
in it. The commission, upon receipt of a record of conviction,
plea of guilty, plea of nolo contendere, or forfeiture of bond for
a violation of this article shall forward a certified copy of the
record to the South Carolina Department of Highways and
Public Transportation.
Section 61-3-910. When municipal officers are solely
responsible for discovering a violation of this article or
producing related witnesses or evidence, the fines collected
must be divided equally between the county and the
municipality. The municipality's portion must be paid upon a
voucher issued by the governing body of the county after
approval of a filed claim setting forth the case and the witnesses
produced.
Section 61-3-920. The proceeds of fines, penalties,
forfeitures, and sales arising out of the enforcement of Section
61-3-1430 or this article must be disposed of as follows, except
as otherwise provided in this article:
(1) Where municipal officers solely are responsible for
discovering the violation or producing the witnesses or the
evidence, the fines and bond forfeitures must be retained by the
municipality for municipal purposes if collected by municipal
courts or law enforcement officers. In cases sent to higher
courts from municipal courts and arising out of the activities of
municipal officers, the county treasurer shall pay to the
municipal treasurer one-half of the fines and bond forfeitures
collected as the result of the proceedings in the higher court,
upon vouchers issued by the governing body of the county,
after approval of a claim filed by the municipality setting forth
the facts of the case.
(2) Proceeds of the sale of a chattel for a violation, when
the chattel originally was seized by a municipal authority, must
be paid to the municipal authority after deducting the cost and
expense of the sale.
Section 61-3-930. It is unlawful for a person to sell or
offer for sale a beverage generally used as a soft drink rather
than as a medicine or for cooking purposes having an alcoholic
content when the beverage resembles in color and general
appearances a vegetable drink, a fruit drink, or a soft drink. The
beverage is declared contraband and must be seized by an agent
of the commission or by a law enforcement officer and must be
disposed of as provided in Section 61-3-1140. A person who
violates this section is guilty of a misdemeanor and, upon
conviction, is punishable in the discretion of the court.
Section 61-3-940. A note or other evidence of
indebtedness contracted in the sale or transportation of illicit
regulated beverages is void. An action or suit for the recovery
of the indebtedness is prohibited.
Section 61-3-950. A person detected violating this title
may be arrested without warrant if a warrant is procured within
a reasonable time.
Section 61-3-960. One official summons must be used by
all commission agents when making arrests for offenses
punishable by a fine of not more than two hundred dollars or
imprisonment for not more than thirty days. The form of the
summons must be prescribed by the commission, and it is
responsible for printing the forms.
Section 61-3-970. When a person is charged by an agent
of the commission with a criminal offense punishable by a fine
of not more than two hundred dollars or imprisonment for not
more than thirty days, the person charged, upon being served
with the official summons issued by the agent, shall appear
before the proper judicial officer at the time and place stated in
the summons. The service of the summons vests the court with
jurisdiction to hear and dispose of the charge for which the
summons was issued.
Section 61-3-980. Upon affidavit, which may be on
information and belief, to the effect that contraband regulated
beverages are concealed, kept, or stored unlawfully in a place,
a search warrant may be issued by a magistrate of the county
empowering a law enforcement officer or person who may be
deputized to enter the place by day or night and search the
premises to seize the regulated beverages. They must be
disposed of as provided in Section 61-3-1140.
Section 61-3-990. When a search warrant issues pursuant
to this title upon an affidavit based on information and belief,
the affidavit must contain a statement setting forth the sources
of information and the facts and grounds of belief upon which
the affiant bases his belief.
Section 61-3-1000. No person who holds a permanent
license or permanent permit to sell regulated beverages for
on-premises consumption may advertise, sell, or dispense these
beverages for free, at a price less than one-half of the price
regularly charged, or on a two or more for the price of one
basis. Regulated beverages may be sold at a price less than the
price regularly charged only from four p.m. until eight p.m.
The prohibition against dispensing the beverages for free does
not apply to dispensing to a customer on an individual basis, to
a fraternal organization in the course of its fund-raising
activities, to a person attending a private function on premises
for which a permanent license or permit has been issued, or to
a customer attending a function sponsored by the person who
holds a permanent license or permit. However, not more than
two functions may be sponsored each year, which must be
authorized by the commission. A person who violates this
section is guilty of a misdemeanor and, upon conviction, must
be punished as provided in Section 61-3-1190.
Section 61-3-1010. A constable, deputy constable, or
magistrate who neglects or refuses to perform the duties
required by this title is subject to suspension by the Governor.
Section 61-3-1020. (A) A person engaged in the business
of selling regulated beverages at retail shall post in every
location for which he has obtained a license or permit a sign
with the following words printed on it: `The possession of beer,
wine, or alcoholic liquor, by a person under twenty-one years
of age, is a criminal offense under the laws of this State, and it
is unlawful also for a person knowingly to give false
information concerning his age for the purpose of purchasing
beer, wine, or alcoholic liquor.' The lettering on the sign may
be no smaller than one-half inch. The sign must be posted in a
conspicuous place behind the bar if the license or permit is for
on-premises consumption or at the check-out area if the license
or permit is for off-premises consumption.
(B) Failure to post in a proper manner the sign required by
this section is a violation against the license or permit.
(C) A retail seller of regulated beverages who fails to
display the sign required by this section is guilty of a
misdemeanor and, upon conviction, must be fined not more
than one hundred dollars or imprisoned not more than thirty
days.
Section 61-3-1030. (A) It is unlawful for a person under
twenty-one years of age to purchase or knowingly have in his
possession a regulated beverage. Possession is prima facie
evidence that it was possessed knowingly. A person who
violates this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than one hundred nor more
than two hundred dollars or imprisoned for not more than thirty
days.
(B) This section does not apply to an employee lawfully
engaged in the sale or delivery of beer or wine in an unopened
container.
(C) A person eighteen years of age and over lawfully
employed to serve or remove regulated beverages in
establishments licensed and permitted to sell the beverages is
not considered to be in unlawful possession of the beverages
during the course and scope of his duties as an employee.
(D) No person may serve or deliver to a purchaser
alcoholic liquors in sealed containers in a business where the
sales are authorized unless the person is at least eighteen years
of age.
(E) Bartenders must be at least twenty-one years of age.
Section 61-3-1040. A violation of this title or Chapter 33
of Title 12 by a licensee or his agents or servants, constitutes a
breach of the condition of the bond filed or the deposit made by
him under this title. Forfeiture of the bond or deposit is in
addition to other penalties or punishment provided.
Section 61-3-1050. If the commission finds that the
condition of a bond filed or deposit made by a licensee under
this title has been broken, the commission shall bring an action
in its name in the county in which the business of the licensee
is or was located and operated to recover the amount of the
bond. The action is against the licensee and his surety if the
licensee filed a bond and is against the licensee only if he
deposited cash or securities.
Section 61-3-1060. Cash deposited by a licensee must be
applied by the State Treasurer in payment of a judgment
recovered against him. If securities were deposited by a
licensee, the State Treasurer, after fifteen days' advertisement,
shall sell them at public auction and apply the proceeds to the
payment of the judgment paying over to the licensee the
remaining amount.
Section 61-3-1070. The amounts received by the
commission or by the State Treasurer from the collection and
payment of judgments recovered under Section 61-3-1060 must
be turned in to the State Treasury to be disposed of in the
manner provided in Chapter 33 of Title 12 for the disposition
of taxes collected under that chapter.
Section 61-3-1080. Regulated beverages found in the
possession, custody, or control of a person, corporation, or
organization which are handled, stored, kept, possessed,
transported, used, or distributed in violation of this title or with
the design of avoiding payment of taxes in Chapter 33 of Title
12 are contraband and must be seized by an agent of the
commission or by a law enforcement officer and must be
disposed of as provided in Section 61-3-1140.
Section 61-3-1090. (A) A person who transports,
possesses, or consumes alcoholic liquors except in a manner
permitted by this title is guilty of a misdemeanor. Where no
specific punishment is provided by statute, the person, upon
conviction, must be fined not more than two hundred dollars or
imprisoned not more than thirty days.
(B) A person licensed to sell at retail alcoholic liquors in
sealed containers of two ounces or less who has in his
possession on his licensed premises alcoholic liquors in sealed
containers of a different size, who displays sealed containers
when the seals are broken, or who violates another provision of
this chapter for a:
(1) first offense must be fined not less than two
hundred nor more than five hundred dollars or have his license
suspended for more than thirty days, or both;
(2) second offense within three years of the first
offense must be fined not less than two hundred nor more than
five hundred dollars or have his license suspended not more
than one hundred eighty days, or both;
(3) third offense within three years of the first offense
must be fined not less than five hundred dollars and have his
license revoked permanently;
(4) violation involving the avoidance of taxes, must be
fined not less than one thousand dollars and have his license
revoked permanently.
Section 61-3-1100. A person convicted of violating this
title, when punishment is not provided for and not addressed in
Section 61-3-1090 or another statute, must be fined not less
than one hundred dollars or imprisoned not less than three
months, in the discretion of the court.
Section 61-3-1110. A person, corporation, or organization
who has possession, custody or control of alcoholic liquors
handled, stored, kept, possessed, transported, used, or
distributed in violation of this title or to avoid payment of taxes
shall pay a penalty of twenty dollars for each container to be
assessed by the South Carolina Tax Commission as other taxes
are collected. The Tax Commission, upon good cause shown,
may remit the penalties provided in this section, in whole or in
part.
Section 61-3-1120. The South Carolina Department of
Highways and Public Transportation, upon notice that a person
has been convicted, pleaded guilty, forfeited bond, or entered
a plea of nolo contendere for a violation of this article
prohibiting the transportation of alcoholic liquors, shall suspend
his driver's license for six months for a first offense, one year
for the second offense, and two years for a subsequent offense.
During the suspension, the person may not have a vehicle
registered in his name under the laws of this State.
Section 61-3-1130. If alcoholic liquors are sold from a
vehicle, vessel, aircraft, or other chattel or if they are possessed,
carried, shipped, stored in, kept in, or transported in the vehicle,
vessel, or aircraft in violation of law, the alcoholic liquors are
contraband and must be seized and disposed of as provided in
Section 61-3-1140. The vehicle, vessel, aircraft, or other
chattel must be seized by a law enforcement officer and
delivered to the sheriff of the county where the seizure is made,
if seizure is not made by the sheriff, who shall forfeit and sell
the chattel as provided in Sections 61-3-1180 to 61-3-1300.
Section 61-3-1140. (A) Regulated beverages seized by
the commission or its agents must be sold by the commission
at public auction to the highest bidder after advertisement. The
proceeds of the sale must be turned over to the State Treasurer
after paying the cost of confiscation and sale.
(B) Regulated beverages seized by a law enforcement
officer, except the commission or its agents, must be delivered
to the sheriff of the county in which the seizure is made. The
proceeds of the sale, after payment of the cost of confiscation
and sale, must be turned over immediately to the treasurer of
the county in which the seizure was made.
(C) When municipal officers make the seizure, the chief
of police shall take possession of the regulated beverages and
the proceeds of the sale, after paying the cost of confiscation
and sale, must be turned over to the treasurer of the
municipality in which the seizure was made.
(D) No sale of regulated beverages seized and sold in
accordance with this section may be made to a person other
than a licensed or permitted manufacturer, wholesaler, or retail
dealer.
Section 61-3-1150. No regulated beverages except those
manufactured by a licensed or permitted manufacturer, within
or without the State, or regulated beverages of unquestioned
purity and content may be sold at public auction. Other
regulated beverages which may be confiscated must be
destroyed by the proper officers.
Section 61-3-1160. No regulated beverages sold pursuant
to Section 61-3-1140 or 61-3-1150 may be delivered within
five days after their sale, during which time the commission
may reject a bid and order the regulated beverages resold until
there is a satisfactory bid. However, if confiscated regulated
beverages are offered for sale, after advertisement on two
different dates, and no bids are made on them, they must be
destroyed by the appropriate officers.
Section 61-3-1170. A vehicle, vessel, aircraft, or other
chattel found at a site where alcoholic liquors are being or
recently have been manufactured in violation of the law and
which contains sugar, meal, yeast, or other materials used in the
manufacture of alcoholic liquors or containers used to haul
alcoholic liquors must be confiscated and sold as provided by
this chapter.
Section 61-3-1180. The sheriffs of this State shall store and
keep safely chattels delivered to them under this chapter but
may not incur unnecessary expenses in connection with the
storage of chattels seized and delivered to them.
Section 61-3-1190. (A) If a chattel seized under this
chapter is a vehicle registered with the South Carolina
Department of Highways and Public Transportation, the sheriff
shall ascertain from the department the name and address of the
registered owner of the vehicle and shall notify him by
registered mail of the seizure.
(B) If the chattel is a vehicle registered in another state,
the sheriff shall request the department to ascertain the name
and address of the registered owner of the vehicle and notify
him as provided in this section.
Section 61-3-1200. Upon notice from the South Carolina
Department of Highways and Public Transportation pursuant to
Section 61-3-1190 that the name of the registered owner cannot
be ascertained, the sheriff shall give notice of the seizure by
advertisement at least once a week for three weeks in a
newspaper of general circulation in the county. The
advertisement shall allege the seizure, describe the chattel, and
set forth in general terms the grounds of forfeiture of the seized
property and the date upon which sale of it is to be made. The
date must be not less than sixty days after seizure.
Section 61-3-1210. If no person claiming an interest in a
seized chattel appears before the date set for the sale of the
chattel and gives notice to the sheriff as required in Section
61-3-1230, the chattel must be sold at public auction to the
highest bidder.
Section 61-3-1220. When a chattel has been seized by
municipal officers, the proceeds of a sale under Section
61-3-1210, less the necessary expenses of advertising and
storage, must be paid to the municipality for its use. Otherwise,
the proceeds must be paid to the county treasurer of the county
where the chattel was seized.
Section 61-3-1230. Before the sale of a chattel under
Section 61-3-1210, the owner of, a person indebted or liable for
the purchase price of, or a person having a lien on the chattel
may bring an action to recover possession of the chattel or to
recover the value of his interest from the proceeds of the sale.
The sheriff must be made a party defendant in the action. The
solicitor of the circuit in which the seizure occurred shall
defend the action.
Section 61-3-1240. Upon service of the sheriff of a
proceeding under Section 61-3-1230, he shall stay the sale,
retain the chattel, and await the order of the court. He must
have the chattel appraised as appraisals are provided in
attachment cases under Section 15-19-270 and shall transmit
the appraisal to the court, keeping a copy in his office.
Section 61-3-1250. If the owner or other person claiming
an interest in a seized chattel shall desire to obtain immediate
possession, the court may order delivery to the claimant upon
execution by him of a bond payable to the sheriff having
possession of the seized property in an amount equal to its
appraised value with security to be approved by the clerk of
court. The bond must be conditioned to return the chattel at the
proceeding or when the court may order and to pay the
difference between the appraised value of the chattel when
released on bond and the appraised value when returned. It
must be conditioned further to provide that, if the chattel is not
returned as ordered, the bond stands in lieu of and is forfeited
in the same manner as the chattel. The court may refuse to
order delivery of possession.
Section 61-3-1260. In a proceeding brought to recover
possession of a seized chattel or to recover the value of an
interest in it, no claim is allowed unless the claimant proves:
(1) that he has an interest in the chattel as owner or
otherwise which he acquired in good faith;
(2) that he did not have knowledge or reason to believe
that it was being or would be used in violation of the laws of
this State relating to regulated beverages;
(3) if it appears that the interest asserted by the claimant
was acquired after March 28, 1956, and arises out of or is
subject to a contract or an agreement under which a person
having a record or reputation for violating laws of the United
States or of this State relating to regulated beverages has a right
with respect to the chattel, that, before the claimant acquired his
interest or the other person acquired his right under the contract
or agreement, whichever occurred later, the claimant, his
officer, or agent was informed, in answer to his inquiry at the
headquarters of the sheriff and police chief of the locality in
which the other person acquired his right under the contract or
agreement and of the locality in which the other person then
resided, that the other person had no record or reputation as
provided in this section.
Section 61-3-1270. If the claimant is the owner of the
chattel in a proceeding under Section 61-3-1230 and he
prevails, the court shall relieve the chattel from forfeiture and
restore it to the owner.
Section 61-3-1280. (A) If the claimant in a proceeding
under Section 61-3-1230 is a lienor whose claim is allowed and
whose interest is first in order of priority among claims and is
of an amount equal to or in excess of the appraised value of the
chattel, the court shall relieve the chattel from forfeiture and
order its return to him. If the claim is less than the appraised
value of the chattel, the claimant may have the chattel delivered
to him upon payment of the difference.
(B) If the claims of two or more lienors are allowed whose
interests are not subject to prior or intervening interests claimed
and allowed in the proceedings and are of a total amount equal
to or in excess of the appraised value of the chattel, at the
request of the claimants, the court shall order its return to the
joint requesting claimants designated in the request. If the total
amount of the claim is less than the appraised value of the
chattel, the claimants may have the chattel delivered to those
designated in the request, upon payment of the difference.
Section 61-3-1290. (A) If delivery is not demanded by
the claimant in a proceeding under Section 61-3-1230, the court
shall order the sale of the chattel by the sheriff. The proceeds
of the sale must be paid in the following order of priority:
(1) claims allowed in order of their priority as
determined by the court;
(2) costs;
(3) residue to the municipality or to the county
treasurer as set forth in Section 61-3-1220.
(B) If no claim is proven and established as provided in
this chapter, the court shall order the sale of the chattel by the
sheriff, and the proceeds after payment of costs must be paid as
set forth in this chapter.
Section 61-3-1300. A person purchasing a chattel at a sale
made by the sheriff under the provisions of this chapter
acquires complete title to the chattel free and clear of prior
claims, liens, or encumbrances.
Section 61-3-1310. For the purpose of confiscating
regulated beverages referred to in this title, Sections
12-21-2900 to 12-21-2950 must be followed as nearly as
practicable.
Section 61-3-1320. (A) Upon seizure by or delivery to a
sheriff of a chattel seized under the provisions of this chapter,
he shall report the seizure to the commission setting forth a
description of the chattel, the name of the owner, if known, the
grounds upon which the chattel is seized, by whom it is seized,
and its appraised value if an appraisal has been made.
(B) After the chattel has been sold or disposed of in
accordance with the provisions of this chapter, the sheriff shall
make a report to the commission setting forth the amount of the
sale, the purchaser, the disposition of the proceeds, or whatever
disposition has been made of the chattel by the sheriff pursuant
to an order of court.
(C) The commission shall establish a system for the filing
and recording of the reports.
Section 61-3-1330. The importation into or offering for sale
or sale in this State of a product as `wine' to which a substance
has been added, except as permitted by federal law and
regulations and except pure fruit or vegetable products derived
from the same kind of fruit or vegetable from the juice of which
the wine was fermented, is prohibited and declared to be a
misdemeanor.
Section 61-3-1340. The offering for sale or sale in this
State of undesirable wine packages is prohibited and declared
to be a misdemeanor.
Section 61-3-1350. It is unlawful for a person to sell beer
or wine on which the tax levied is not paid. A person having
charge of the sale of beer or wine who sells or permits it to be
sold in violation of this section is guilty of a misdemeanor and,
upon conviction, must be fined for each offense not less than
twenty-five nor more than one hundred dollars or imprisoned
for not less than ten nor more than thirty days in the discretion
of the court.
Section 61-3-1360. (A) It is unlawful for a person to sell
beer or wine to a person under twenty-one years of age. A
person making an unlawful sale, upon conviction, must be fined
not less than one hundred nor more than two hundred dollars or
imprisoned for not less than thirty nor more than sixty days, or
both, in the discretion of the court.
(B) Failure of a person to require identification to verify
a person's age is prima facie evidence of a violation of this
section.
Section 61-3-1370. It is unlawful for a person to whom
beer or wine cannot be sold lawfully knowingly to give false
information concerning his age to purchase beer or wine.
Section 61-3-1380. It is unlawful for a person to purchase
beer or wine while on permitted premises and to give beer or
wine to a person to whom beer or wine lawfully cannot be sold
for consumption on the premises.
Section 61-3-1390. A person violating Section 61-3-1370
or 61-3-1380, upon conviction, must be fined not less than fifty
nor more than one hundred dollars or imprisoned for not more
than thirty days.
Section 61-3-1400. (A) If a person is charged with a
violation of Section 61-3-1360, the unlawful sale of beer or
wine to a person under twenty-one years of age, the underage
person also must be charged with a violation of Section
61-3-1040, the unlawful purchase or possession of beer or
wine. If the underage person violated Section 61-3-1370, false
information as to age, or if an adult violated Section 61-3-1380,
unlawful purchase of beer or wine for a person who cannot buy
lawfully, these persons also must be charged with the
violations.
(B) Unless the provisions of this section are followed, no
person charged with a violation of Section 61-3-1360 may be
convicted of the offense.
(C) Nothing contained in this section requires that charges,
once made pursuant to this section, must be prosecuted to
conclusion. This determination must be made in the manner
provided by law.
Section 61-3-1410. It is unlawful for a person to have in his
possession beer or wine in an open container in a moving
vehicle, licensed to travel in this State or another state, that may
travel upon the public highways of this State, except in the
trunk or luggage compartment. This section does not prohibit
transporting beer or wine in a closed container. A person
violating this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days.
Section 61-3-1420. It is unlawful for a person to sell, offer
for sale, or deliver beer or wine in this State between twelve
Saturday night and seven a.m. Monday. However, an
establishment licensed pursuant to this title for on-premises sale
and consumption of alcoholic liquors may sell beer and wine
during those hours in which the sale of alcoholic liquors in
sealed containers of two ounces or less is lawful. A person
violating this section is guilty of a misdemeanor and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days. The right of a person to
sell beer or wine under a permit issued by the commission must
be forfeited and the permit revoked upon his conviction of
violating this section. Municipal ordinances in conflict with
this section are unenforceable.
Section 61-3-1430. If beer or wine is sold, offered for sale,
or delivered to a person from a place of business between
twelve Saturday night and seven a.m. Monday, beer and wine
found within the place is declared contraband and must be
seized by a commission agent or by a law enforcement officer
and disposed of as provided in Section 61-3-1140. However,
the person owning or claiming the beer or wine may retain
possession of it by delivering to the law enforcement officer a
cash bond in an amount equal to the cost price of the beer or
wine. The cost price must not be less than the average price
charged for a like quantity of beer or wine by a permitted
wholesaler. The law enforcement officer receiving the bond
shall deliver a written receipt to the person posting the bond. If
the law enforcement officer is a representative of the
commission, the cash bond must be deposited in the State
Treasury. If the law enforcement officer is a representative of
a municipality, the cash bond must be deposited in the treasury
of the municipality. In all other cases, the cash bond must be
deposited in the treasury of the county in which the beer or
wine was located when declared contraband. If the commission
or court determines that the person charged with the violation
which required the posting of a bond was not guilty of the
offense charged, the bond must be returned to the person
posting the bond. If the person charged is found guilty, the
bond is forfeited to the State, county, or municipality.
Section 61-3-1440. A person who drinks or possesses beer
or wine in an open container between twelve Saturday night
and seven a.m. Monday at a place permitted to sell beer or
wine, other than an establishment licensed under this title for
on-premises sale and consumption of alcoholic liquors pursuant
to Section 61-3-1420, is guilty of a misdemeanor and, upon
conviction, must be fined not more than one hundred dollars or
imprisoned not more than thirty days.
Section 61-3-1450. It is unlawful to sell or offer for sale
beer or wine in Edgefield County between eleven p.m. Saturday
and seven a.m. Monday. A person violating this section is
guilty of a misdemeanor and, upon conviction, must be fined
not more than one hundred dollars or imprisoned not more than
thirty days.
Section 61-3-1460. Upon the revocation, cancellation, or
suspension of a license or permit to sell regulated beverages at
wholesale or retail, the licensee or permittee immediately shall
surrender the license or permit to the commission.
Section 61-3-1470. It is unlawful for the holder of a license
or permit to sell, offer to sell, or deliver regulated beverages
after the license or permit is revoked or canceled or during
suspension of the license or permit.
Section 61-3-1480. It is unlawful for a person to sell, offer
to sell, or deliver regulated beverages unless he has a current
license or permit for the premises at which the sale, offer, or
delivery is made.
Section 61-3-1490. (A) A person violating Sections
61-3-1460 through 61-3-1480 is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred
dollars or imprisoned not more than thirty days, or both, in the
discretion of the court.
(B) Each day that Section 61-3-1470 or 61-3-1480 is
violated constitutes a separate offense.
Section 61-3-1500. Regulated beverages found on the
premises of a person violating Section 61-3-1470 or 61-3-1480
are declared contraband and must be seized by an agent of the
commission or by a law enforcement officer and must be
disposed of as provided in Section 61-3-1140.
Section 61-3-1510. A person who violates Section
61-3-1330, 61-3-1340, 61-7-520, 61-7-1120, 61-7-1130, or
61-7-1140, or related regulations, upon conviction, must be
fined not less than one hundred nor more than five hundred
dollars or imprisoned for not less than thirty days nor more than
six months, or both, in the discretion of the court. His permit
to sell wine also is forfeited, and he may not engage in a
business taxable under the provisions of this chapter for two
years.
Section 61-3-1520. A person operating a brewery or winery
without having secured a permit from the commission or after
his permit has been canceled by the commission is guilty of a
misdemeanor and, upon conviction, must be fined not less than
one hundred nor more than five thousand dollars or imprisoned
for not more than one year, or both.
Section 61-3-1530. Regulated beverages shipped or moved
into this State in violation of this title are declared contraband
and must be seized and disposed of as provided in Section
61-3-1140.
CHAPTER 5
Alcoholic Liquors
Article 1
Alcoholic Liquor Retailers
Section 61-5-10. No more than three retail alcoholic liquor
store licenses each may be issued for the use of a corporation,
association, partnership, or limited partnership. A corporation
having the use of a retail alcoholic liquor license that is owned
by another corporation holds the retail alcoholic liquor license
for the use of the owning corporation.
Section 61-5-20. No person or his relative by blood or
marriage within the second degree, directly or indirectly,
individually, as a member of a partnership or an association, or
as a member or stockholder of a corporation may have an
interest in a retail alcoholic liquor store licensed under this
chapter except the three stores covered by his retail dealer's
licenses provided in Section 61-5-10. This section does not
apply to these interests in retail alcoholic liquor stores which
existed July 1, 1978.
Section 61-5-30. A sale and consumption licensee must not
be licensed as a retail alcoholic liquor dealer on the same
premises.
Section 61-5-40. The South Carolina Alcoholic Beverage
Control Commission, after investigation, may license retail
alcoholic liquor dealers in unincorporated towns and county
communities when it is in the interest of the town or
community to have a licensed retailer in it. The commission
may not license a retail dealer in a locality unless the
commission is assured that the locality is under proper law
enforcement protection.
Section 61-5-50. The commission may limit the further
issuance of retail alcoholic liquor licenses in a political
subdivision if the citizens desiring to purchase alcoholic liquors
are served adequately by the number of retail alcoholic liquor
dealers in the subdivision or for other reasons.
Section 61-5-60. (A) No retail alcoholic liquor dealer
may:
(1) sell, offer for sale, barter, exchange, give, transfer,
or deliver or permit to be sold, bartered, exchanged, given,
transferred, or delivered alcoholic liquors in quantities less than
two hundred milliliters;
(2) own or keep in his possession alcoholic liquors in
quantities less than two hundred milliliters;
(3) sell, offer for sale, barter, exchange, give, transfer,
or deliver or permit to be sold, bartered, exchanged, given,
transferred, or delivered alcoholic liquors or wine:
(a) between seven p.m. and nine 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 an insane person;
(4) permit the drinking of regulated beverages at the
licensed location;
(5) permit at the licensed location regulated beverages
with seals broken.
(B) No retail alcoholic liquor dealer may install a light in
or on his licensed place of business that revolves, flashes, is of
more than one color, or would give the impression of motion or
animation. He also may not install a light specifically
advertising a display or merchandise in the business.
(C) No retail alcoholic liquor dealer may advertise or
allow the advertising of merchandise, a product, or a campaign
on the licensed premises not directly related to the marketing of
alcoholic liquors.
(D) During restricted hours a retail alcoholic liquor dealer
may receive, stock, and inventory merchandise, provide for
maintenance and repairs, and perform related functions which
may be required that do not involve the sale of regulated
beverages.
(E) The provisions of subsection (A) limiting the size of
alcoholic liquor containers does not apply to sales to persons
licensed to sell alcoholic liquor for on-premises consumption.
It is unlawful to sell sealed containers of two ounces or less
except during legal hours of operation.
(F) No other goods, wares, or merchandise may be kept,
stored, or sold in a retail alcoholic liquor store except as
provided in subsection (G) or in Section 61-5-70.
(G) Retail alcoholic liquor dealers may keep, store, and
sell drinking glassware packaged together with alcoholic
liquors if the glassware and alcoholic liquors are packaged
together by the alcoholic liquor wholesaler or producer in
packaging provided by the producer. Retail dealers also may
keep, store, and sell nonalcoholic beverages, other than beer,
packaged and sealed together with alcoholic liquors if the
nonalcoholic beverages and alcoholic liquors are packaged and
sealed together by the alcoholic liquor producer.
(H) No place of amusement may be maintained in or in
connection with a retail alcoholic liquor store.
Section 61-5-70. (A) Retail alcoholic liquor dealers
licensed under the provisions of this chapter may sell wines in
the stores or places of business covered by their respective
licenses, whether declared alcoholic, nonalcoholic, or
nonintoxicating by the laws of this State.
(B) Wines containing more than fourteen percent of
alcohol by volume may be sold only in licensed alcoholic
liquor stores or in establishments licensed to sell and permit
consumption of alcoholic liquors in sealed containers of two
ounces or less.
(C) This section does not amend, alter, or modify the taxes
imposed on wines or the collection and enforcement of them.
Section 61-5-80. A retail alcoholic liquor dealer shall keep
a record of sales of alcoholic liquors sold in sealed containers
of two ounces or less. The record must include the name of the
purchaser and the date and quantity of the sale. The reports of
sales must be filed with the commission within ten days of the
end of each quarter.
Section 61-5-90. (A) A retail alcoholic liquor dealer shall
maintain a separate store or place of business with only one
means of public ingress or egress from the front. One additional
door, not in the front, is allowed to be used solely for the
receipt of commercial deliveries and as an emergency exit. The
additional door must remain closed and secured at all times
except when used for those purposes. The place of business
may have storage areas with openings no smaller than thirty-six
inches adjoining the selling area and may have two toilet
facilities for the use of authorized persons only.
(B) Red dots not exceeding thirty-six inches in diameter
may be placed on the front, the rear, and each side of the
building. A metal sign, not to exceed thirty-six inches in
diameter, may be attached to the front of the building or may be
suspended from the front of the building. The near edge of the
sign may not exceed thirty-six inches from the store front. The
words `ABC Package Store' and the licensee's name and license
number must appear on the sign. Letters must be white with a
red background and no more than six inches high and no more
than four inches wide.
Section 61-5-100. (A) A retail alcoholic liquor dealer
shall display all retail prices on the shelf under each brand and
bottle size.
(B) No bottles of alcoholic liquors or packages containing
alcoholic liquors may be displayed in the front or windows of
a retail alcoholic liquor store.
(C) Shelving attached or next to a wall facing the interior
of a retail alcoholic liquor store may not extend closer than one
foot to a window. Other displays of merchandise or material
must be at least three feet from a window.
(D) The lettering on prices displayed in a retail alcoholic
liquor store may not exceed one inch in height.
Section 61-5-110. The restrictive provisions of this
chapter relating to retail alcoholic liquor dealers do not apply
to sales of alcoholic liquors by railroad or airline companies to
passengers on interstate trains or aircraft for consumption on
them.
Section 61-5-120. (A) A retail alcoholic liquor dealer
must have posted in his place of business a sign with the
following words printed on it: `A person may transport
alcoholic liquors to and from a place where alcoholic liquors
may be possessed or consumed lawfully. However, if the cap
or seal on the container has been opened or broken, it is
unlawful to transport the alcoholic liquors in a motor vehicle,
except in the luggage compartment or cargo area.' The lettering
on the sign may be no smaller than one-half inch. The sign
must be posted in a conspicuous place at the check-out area.
(B) Failure to post in a proper manner the sign required by
this section constitutes a violation against the license.
(C) A retail alcoholic liquor dealer who fails to display the
sign required by this section is guilty of a misdemeanor and,
upon conviction, must be fined not more than one hundred
dollars or imprisoned not more than thirty days.
Section 61-5-130. Alcoholic liquors must not be
transferred from one retail alcoholic liquor location to another
without special permission of the commission. However, if a
person holds more than one retail alcoholic liquor license,
alcoholic liquors may be transferred from one of his licensed
locations to another without prior permission subject to the
following conditions:
(1) The transfer is made by common carrier, a licensed
wholesaler's truck, or a truck or station wagon owned and
operated by the licensee;
(2) The transfer is documented properly in the form of
an invoice in triplicate showing the:
(a) number of the store license from and to which
transfer is to be made;
(b) brand, size, and quantity to be transferred;
(c) date the transfer is to be made.
(3) When the vehicle in which the transfer is to be
made is owned and operated by the licensee, the following
additional requirements apply:
(a) The vehicle must have been registered and
acknowledged with the commission by license number, make,
model, color, and serial number. The invoice must show in
addition to the requirements in this subsection the exact route
to be covered by the vehicle in making the transfer. The most
direct route must be selected.
(b) A copy of the invoice, before transfer, must be
mailed to the commission. A copy of the invoice must be in the
possession of the driver until delivery is complete and retained
by the store to which transfer is made. A third copy of the
invoice must be retained by the store from which the transfer is
made.
Section 61-5-140. Alcoholic liquors in sealed containers
of two ounces or less as authorized to be sold in this title may
be purchased only by a licensed person in case lots and only
from licensed alcoholic liquor retailers. As used in this section
a person licensed under this title includes his designated agent
as a purchaser. No person, partnership, association, or
corporation may act as a designated agent for the purchase of
alcoholic liquors in sealed containers of two ounces or less
from licensed alcoholic liquor retailers for more than one
person, business, or nonprofit organization holding sale and
consumption licenses.
Section 61-5-150. A retailer who sells alcoholic liquors in
sealed containers of two ounces or less to other than a person
licensed under this title is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars
and is subject to suspension or revocation of his retail alcoholic
liquor license at the discretion of the commission.
Article 3
Alcoholic Liquor Wholesaler
Section 61-5-310. The commission shall revoke the
license of an alcoholic liquor wholesaler whenever proof is
obtained that he has an interest, directly or indirectly, in a retail
alcoholic liquor store.
Section 61-5-320. No alcoholic liquor wholesaler may:
(1) sell, barter, exchange, give, transfer, or deliver for
consumption alcoholic liquors to a person not having a retail
alcoholic liquor dealer's license granted under this title;
(2) permit the drinking of alcoholic liquors on his
premises;
(3) condition the sale of alcoholic liquors to a retail
alcoholic liquor dealer upon the purchase or receipt of another
kind or brand of alcoholic liquors than that ordered by the retail
dealer; or
(4) sell alcoholic liquors between seven p.m. and seven
a.m.
Section 61-5-330. No alcoholic liquor wholesaler or his
relative by blood or marriage within the third degree, directly
or indirectly, individually, as a member of a partnership or an
association, or as a member or stockholder of a corporation
may have an interest in a business, store, or establishment
dealing in alcoholic liquors except the store or place of business
covered by his alcoholic liquor wholesaler's license.
Section 61-5-340. For the purpose of conducting his
business under his license, an alcoholic liquor wholesaler shall
maintain a separate store or warehouse. No other goods, wares,
or merchandise except nonalcoholic beverages may be kept or
stored in it. No place of amusement may be maintained in or in
connection with the store or warehouse.
Section 61-5-350. (A) An alcoholic liquor wholesaler,
upon receipt of a shipment of alcoholic liquors for sale within
this State, within twenty-four hours of the receipt of the
shipment and before it is offered for sale, shall furnish to the
commission true invoices of the alcoholic liquors received.
(B) An alcoholic liquor wholesaler shall furnish to the
commission duplicate copies of invoices for the sale of
alcoholic liquors within twenty-four hours after they have been
removed from his place of business.
Section 61-5-360. An alcoholic liquor wholesaler shall
file with the commission monthly, before the second day of
each month, a statement showing the stock of alcoholic liquors
received by him during the preceding thirty days and additional
reports the commission may require.
Section 61-5-370. It is unlawful for an alcoholic liquor
wholesaler to order, purchase, or receive alcoholic liquors from
a producer who is not the primary American source of supply
for the brand ordered, purchased, or received.
Article 5
Alcoholic Liquor Manufacturers
Section 61-5-510. No alcoholic liquor manufacturer may:
(1) own or operate more than one plant, establishment, or
place of business for the manufacture of alcoholic liquors in a
county of this State;
(2) permit the drinking of alcoholic liquors on his
premises.
Article 7
Alcoholic Liquor
Producers and Importers
Section 61-5-710. (A) No person other than a registered
alcoholic liquor producer may ship or move, or cause to be
shipped or moved, alcoholic liquors from a point outside this
State to a point within this State. An alcoholic liquor producer
may act only in accordance with this title.
(B) No brand of alcoholic liquor may be registered by a
producer unless the person registering the brand is either the
American producer or the primary American source of supply
in the United States of the brand.
Section 61-5-720. No alcoholic liquors may be shipped or
moved into this State until each brand is registered with the
commission in accordance with this title and related
regulations.
Section 61-5-730. (A) An alcoholic liquor producer
shall apply to the commission on forms the commission
prescribes for a certificate of registration. The certificate must
be approved and issued before the shipment of alcoholic liquors
by the producer to a point within this State.
(B) At the same time application is made for a certificate
of registration, a producer shall remit to the commission a fee
of one hundred dollars. Where a certificate is applied for after
the last day of February, the fee is fifty dollars.
(C) A certificate of registration is valid from the date of
issue until August thirty-first of each year.
Section 61-5-740. (A) A registered alcoholic liquor
producer, before the shipment of alcoholic liquors to a point
within this State, shall obtain from the commission a certificate
of registration for each brand of alcoholic liquors intended to be
shipped. The commission shall provide appropriate forms for
application for a certificate of registration of brands of
alcoholic liquors.
(B) At the same time an application for a certificate of
registration of brands of alcoholic liquors is submitted, a fee of
ten dollars must be paid to the commission for each brand
except the first five brands of a registered producer.
(C) A certificate of registration of brands of alcoholic
liquors is valid from the date of issue to August thirty-first of
each year.
Section 61-5-750. (A) No person is qualified as an
alcoholic liquor producer representative until he has made
application to the commission for a certificate of registration,
and the certificate is approved and issued. The commission
shall provide appropriate forms for application for a certificate
of registration as a producer representative.
(B) At the same time the application for a certificate of
registration as a producer representative is submitted, a fee of
twenty-five dollars must be paid to the commission.
Section 61-5-760. No person having a direct or indirect
interest in a wholesale or retail alcoholic liquor business in
South Carolina may qualify as an alcoholic liquor producer
representative.
Section 61-5-770. (A) A registered alcoholic liquor
producer may store alcoholic liquors only in a warehouse of a
registered producer licensed by the commission. Application
for a license to operate a warehouse must be filed on forms
prescribed by the commission.
(B) At the same time application for a warehouse license
is submitted, a fee of two hundred dollars must be paid to the
commission. Where application is made for a warehouse
license after the last day of February, the fee is one hundred
dollars. A warehouse license is valid from the date of issue
until August thirty-first of each year.
(C) The commission shall require sufficient bond with
respect to a licensed warehouse to ensure proper handling of
alcoholic liquors stored in the warehouse.
Section 61-5-780. (A) Alcoholic liquors must be
shipped or moved from a point without this State to a point
within this State by railroad companies, steamship companies,
express companies, or truck companies authorized to do
business in this State as common carriers by the South Carolina
Public Service Commission, by wholesalers licensed by the
Alcoholic Beverage Control Commission, or by alcoholic
liquor producers registered by the Alcoholic Beverage Control
Commission in their own trucks.
(B) The alcoholic liquors may be shipped or moved only
to the registered producer in care of the producer representative
who is registered to handle the property of the registered
producer originating the shipment.
(C) The shipment of alcoholic liquors must be stored in a
licensed warehouse of the registered producer or, after delivery
to the producer's representative is complete, shipped by
common carriers, by licensed alcoholic liquor wholesalers, or
by registered producers in their own trucks to a licensed
alcoholic liquor wholesaler. Shipments of alcoholic liquors
from a registered producer's warehouse to a licensed alcoholic
liquor wholesaler may be made in a vehicle owned or operated
by the wholesaler. If alcoholic liquors are stored in the
warehouse of a registered producer, or after delivery to the
producer's representative is complete, they may be shipped to
a licensed alcoholic liquor wholesaler or to a point without this
State.
(D) Before shipment or transfer, the producer's
representative shall apply to the Alcoholic Beverage Control
Commission on forms prescribed by it for permission to ship or
transfer the alcoholic liquors, and he must have received a
certificate of approval of the shipment or transfer.
Section 61-5-790. (A) Before shipment into this State,
the registered alcoholic liquor producer shall mail to the
commission by first-class mail a correct and complete invoice,
showing in detail the items in the shipment by quantity, type,
brand, size, price, the point of origin, and the point of
destination. Before or at the time of shipment, a copy of the
bill of lading must be forwarded to the commission by
first-class mail.
(B) Immediately upon acceptance of delivery of the
shipment by the producer's representative, he shall furnish the
commission with a copy of the invoice covering the shipment
with endorsement on it showing the date, time, and place
delivery was accepted.
Section 61-5-800. Before shipment to a licensed alcoholic
liquor wholesaler in this State or to a point without the State,
the registered alcoholic liquor producer's representative shall
mail to the commission a correct and complete copy of the
invoice covering the shipment, showing the name and address
of the consignee and, in detail, the items in the shipment by
quantity, type, brand, size, and price. On shipments to a point
without this State, the producer's representative at the time of
shipment shall mail to the commission a copy of the bill of
lading.
CHAPTER 7
Beer or Wine
Article 1
General Provisions
Section 61-7-10. A person engaging in the business of
selling beer, wine, or a beverage which has been declared to be
nonalcoholic and nonintoxicating shall apply to the South
Carolina Alcoholic Beverage Control Commission for a permit
to sell these beverages.
Section 61-7-20. (A) A manufacturer or brewer of beer or
a person who imports beer produced outside the United States
may not sell, barter, exchange, transfer, or deliver for resale
beer to a person not having a wholesale permit. A holder of a
wholesale permit may not sell, barter, exchange, transfer, or
deliver for resale beer to a person not having a retail or
wholesale permit.
(B) A manufacturer, brewer, importer, or wholesaler of
beer, or a person acting on his behalf, may not furnish, give,
rent, lend, or sell, directly or indirectly, to the holder of a retail
permit equipment, fixtures, free beer, or service.
(C) Notwithstanding subsection (B), a wholesaler may
furnish at no charge to the holder of a retail permit draft beer
equipment replacement parts of nominal value, including
washers, gaskets, hoses, hose connectors, clamps, and tap
markers, party wagons for temporary use, and point of sale
advertising specialties. A wholesaler also may furnish the
following services to a retailer: cleaning draft lines, setting
boxes, rotating stock, affixing price tags to beer products, and
building beer displays.
(D) The holder of a retail permit, or a person acting on his
behalf, may not accept, directly or indirectly, equipment,
fixtures, free beer, or service from a manufacturer, brewer,
importer, or wholesaler of beer except as provided in
subsection (C).
(E) A manufacturer, brewer, and importer of beer are
declared to be in business on one tier, a wholesaler on another
tier, and a retailer on another tier. A person or entity in the beer
business on one tier, or a person acting directly or indirectly on
his behalf, may not have ownership or financial interest in the
beer business operation on another tier. This limitation does
not apply to the interest held on July 1, 1980, by the holder of
a wholesale permit in a business operated by the holder of a
retail permit at premises other than where the wholesale
business is operated.
(F) A manufacturer, brewer, importer, or wholesaler of
beer may discount product price based on quantity purchases.
The discounts must be on price only, must appear on the sales
records, and must be available to all customers.
(G) No person or entity in the beer business on one tier
may require a person or an entity in the business on another tier
to advertise or participate in a discount or special promotion.
Section 61-7-30. It is unlawful for a wholesaler to purchase
advertising for a retailer or to participate in a joint advertising
campaign with a retailer. However, a brewer or wholesaler
may advertise on a retailer's premises and may purchase
program advertising from a retailer at customary rates.
Section 61-7-40. The commission may not regulate the size,
type, or number of beer signs displayed on the premises of a
retail or wholesale beer dealer.
Section 61-7-50. The holder of multiple retail beer and wine
permits may transfer beer and wine from one permitted location
to another if both locations are permitted to the same person,
partnership, or corporation and, for beer, are in the same beer
wholesaler territory defined in Section 61-7-370.
Article 3
Beer or Wine Wholesalers
Section 61-7-310. The transfer or purchase and sale, for
resale to retailers only, between wholesalers authorized by a
registered producer or an exclusive agent in this State to
distribute the same brand of beer or wine is authorized.
Section 61-7-320. Beer or wine wholesalers shall
purchase only from registered beer or wine producers.
Section 61-7-330. It is unlawful for a beer wholesaler to:
(1) enter into an agreement or take action which
violates or tends to violate this title or related regulations; or
(2) unfairly, without due regard for the equities of a
registered producer, or without just cause or provocation,
cancel or terminate an agreement or a contract, written or oral,
or franchise or a contractual franchise relationship of the
producer existing on May 1, 1974, or entered into after that
date, to sell beer manufactured by the producer. This provision
becomes a part of a contractual franchise relationship, whether
written or oral, between a beer wholesaler and a registered
producer doing business with the wholesaler, just as though the
provision had been agreed upon specifically between the
wholesaler and producer. However, notice of intention to
cancel the agreement or contract, written or oral, or franchise
or contractual franchise relationship must be given in writing
at least sixty days before the date of the proposed cancellation
or termination. The notice must contain:
(a) assurance that the agreement or contract, written or
oral, or franchise or contractual franchise relationship is being
terminated in good faith and for material violation of one or
more provisions which are relevant to the effective operation of
the agreement, or contract, written or oral, or franchise or
contractual franchise relationship, if any;
(b) a list of the specific reasons for the termination or
cancellation;
(3) refuse to sell to a licensed retail dealer whose place of
business is within the geographical limits specified in a
distributorship agreement between the wholesaler and the
producer for the brands involved;
(4) store or warehouse beer to be sold in this State in a
warehouse located outside of the State.
Section 61-7-340. A proposed sale of an interest in the
business carried on by a beer wholesaler which under the laws
of this State would require that the purchaser obtain a permit to
operate as a beer wholesaler is subject to the approval of the
purchaser by the commission as an applicant for a permit
authorizing the sale of beer. If the application of the prospective
purchaser for the permit is approved, it is unlawful,
notwithstanding the terms, provisions, or conditions of a
contract, written or oral, or the franchise agreement between the
beer wholesaler and a registered producer, for the producer to
fail or refuse to approve the transfer or change of ownership.
For a proposed sale with respect to which the purchaser has
been approved by the commission, a producer may require that
the interest in the business carried on by the wholesaler be
transferred to the producer upon the same terms and conditions
as the interest would have been transferred to the prospective
purchaser. If the producer, within sixty days after receipt of
notification by certified mail of the proposed sale, does not
notify the wholesaler by certified mail of the exercise of the
right by the producer, the right must not be exercised.
Section 61-7-350. A proposed voluntary transfer of an
interest in the business carried on by a beer wholesaler or a
transfer of ownership in the business by death is subject to the
approval of the prospective transferee by the registered beer
producer. The approval must not be unreasonably withheld. If
notice of disapproval of the prospective transferee is not given
by the producer by certified mail within sixty days after receipt
of notification of the proposed voluntary transfer or within sixty
days after the death of the owner of the interest, the right of
disapproval must not be exercised. If the right of disapproval is
exercised by the producer, within sixty days after disapproval,
he shall pay to the prospective transferee the fair market value
of the interest in the business proposed to be transferred. If
agreements cannot be reached between the producer and the
transferee within the period, the producer is deemed to have
acquired the interest proposed to be transferred and shall pay
the prospective transferee the value of the interest. The value of
the interest must be determined by an appraiser appointed by
the prospective transferee and an appraiser appointed by the
producer. If the two appraisers cannot agree upon the value, the
court of common pleas for the county in which the principal
place of business of the wholesaler is located shall appoint a
disinterested person as a third appraiser. The appointment must
be made as soon as practicable. The prospective transferee and
the producer each within sixty days may appeal to the court of
common pleas or another court of competent jurisdiction in the
county in which the principal place of business of the
wholesaler is located from the determination of the price to be
paid.
Section 61-7-360. It is unlawful for a beer or wine
wholesaler to order, purchase, or receive beer or wine from a
producer who is not the primary American source of supply for
the brand ordered, purchased, or received.
Section 61-7-370. (A) A beer wholesaler may sell any
brand of beer in this State only in the territory described in a
distribution agreement filed with the commission pursuant to
this title authorizing sale by the wholesaler of the brand within
that designated area. The distribution agreement must be in
writing and must specify the brands it covers. If a brewer sells
several brands, the agreement need not apply to all brands sold
by the brewer and may apply to only one brand.
(B) Within that designated area the wholesaler shall
service all holders of retail permits without discrimination.
(C) No brewer, importer, or other supplier may provide by
a distribution agreement for the distribution of the brand filed
pursuant to this article to more than one wholesaler for all or
part of the designated territory. However, with prior approval
of the commission, a wholesaler may service a territory outside
the territory designated in its distribution agreement during
periods of temporary service interruptions when requested by
the brewer and the wholesaler whose service is interrupted
temporarily.
Section 61-7-380. A beer wholesaler shall file a copy of
its distribution agreement with the commission, and
amendments to it must be filed within sixty days after their
adoption.
Section 61-7-390. No provision of a distribution
agreement expressly, by implication, or in its operation may
establish or maintain the resale price of a brand of the beverage
products by a wholesaler.
Article 5
Beer and Wine Producers
Section 61-7-510. (A) A beer and wine producer shall
apply to the commission on forms the commission may
prescribe for a certificate of registration. The certificate must
be approved and issued before the shipment of beer or wine by
the producer to a point within this State.
(B) A producer, at the same time application is made for
a certificate of registration, shall remit to the commission a fee
of one hundred dollars.
(C) A certificate of registration is valid from the date of
issue until August thirty-first of each year.
Section 61-7-520. (A) No person other than a registered
beer or wine producer may ship or move, or cause to be shipped
or moved beer or wine from a point outside this State to a point
within this State. A registered producer may act only in
accordance with this title.
(B) No brand of beer or wine may be registered by a
producer unless the person registering the brand is either the
American producer or the primary American source of supply
in the United States of the brand.
(C) This section does not apply to a person who produces
beer or wine solely in this State and who subsequently ships or
sells it solely in this State.
Section 61-7-530. (A) It is unlawful for a registered beer
producer or an officer, an agent, or a beer producer
representative to:
(1) coerce, attempt to coerce, or persuade a beer
wholesaler to enter into an agreement to take action which
violates this title or related regulations; or
(2) unfairly, without due regard to the equities of the
wholesaler or without just cause or provocation, cancel or
terminate an agreement or a contract, written or oral, or
franchise, or a contractual franchise relationship of the
wholesaler existing on May 1, 1974, or entered into after that
date, to sell beer manufactured by the producer. This provision
must be a part of a contractual franchise relationship, whether
written or oral, between a beer wholesaler and a registered
producer doing business with the wholesaler, just as though the
provision had been agreed upon specifically between the
wholesaler and the producer. However, notice of intention to
cancel the agreement or contract, written or oral, or franchise
or contractual franchise relationship must be given in writing
at least sixty days before the date of the proposed cancellation
or termination. The notice must contain:
(a) assurance that the agreement or contract, written
or oral, or franchise or contractual franchise relationship is
being terminated in good faith and for a material violation of
one or more provisions which are relevant to the effective
operation of the agreement or contract, written or oral, or
franchise or contractual franchise relationship, if any;
(b) a list of the specific reasons for the termination
or cancellation.
(B) This section applies to beer wholesalers and producers
engaged in the shipment and receipt of beer intended for sale
within this State after March 31, 1974.
Section 61-7-540. The court of common pleas may enjoin
the cancellation or termination of a franchise or agreement
between a beer wholesaler and a registered beer producer at the
application of the wholesaler or producer who is or may be
affected adversely by the cancellation or termination. In
granting an injunction the court shall make provisions to protect
the wholesaler or producer while the injunction is in effect
including, but not limited to, a provision that the producer may
not supply the customers of the wholesaler by servicing them
through other distributors or means or a provision that the
wholesaler shall continue to supply to his customers the
products of the producer. Application may be made by the
wholesaler or producer to the appropriate court in the county in
which the business of the wholesaler is located. The court may
require a bond it considers proper to be posted on the part of the
party seeking the injunction securing the party enjoined for
damages.
Section 61-7-550. As a condition precedent to the issue of
a certificate of registration by the commission to a beer or wine
producer, an applicant for the certificate shall certify that the
South Carolina Tax Commission within statutory limitations
may audit and examine the books and records, papers, and
memoranda of the applicant with respect to the administration
and enforcement of laws administered by the Tax Commission.
Section 61-7-560. Before shipment into South Carolina to
a beer or wine wholesaler by a registered producer, the
registered producer shall mail by first class mail to the Tax
Commission a correct and complete invoice showing in detail
the items in the shipment by quantity, type, brand, and size, the
point of origin, and the point of destination. Before shipment
or when shipped a copy of the bill of lading must be forwarded
to the Tax Commission by first class mail. Upon acceptance of
delivery of the shipment by the wholesaler, he shall furnish the
Tax Commission with a copy of the invoice covering the
shipment with an endorsement showing the date, time, and
place delivery was accepted.
Section 61-7-570. No person, firm, corporation, club,
association, or organization within this State may bring, ship,
transport, or receive into this State beer or wine except beer and
wine wholesale distributors. However, an individual may
import beer and wine into this State for personal use and
consumption within the State and not for sale, in quantities not
to exceed ten cases, upon the receipt of a certificate from the
South Carolina Tax Commission authorizing the shipment and
evidencing that the person has paid all taxes upon the beer and
wine to the Tax Commission. A person, firm, corporation, or
club or an association or organization violating this section is
subject to a penalty of not less than twenty-five nor more than
one thousand dollars to be assessed and collected by the Tax
Commission as other taxes are collected.
Article 7
Beer and Wine - Military Establishments
Section 61-7-710. (A) Beer and wine purchased by
military establishments located in this State must be purchased
from beer and wine wholesalers permitted in this State.
(B) Purchase orders from the military establishments must
be furnished to a permitted wholesaler, and the orders must be
processed and delivered by the wholesaler as nonmilitary
orders are processed and delivered except that the delivery must
be made to the military establishments rather than to a licensed
retailer.
Section 61-7-720. Beer and wine sold to military
establishments are exempt from state beer and wine taxes.
Section 61-7-730. A registered producer who sells beer
and wine in violation of this article shall have its certificate of
registration suspended for a period to be determined by the
commission.
Article 9
In-State Breweries and Wineries
Section 61-7-910. A person may construct, maintain, or
operate a brewery or winery within this State for the production
of the beverages legalized under this chapter.
Section 61-7-920. A person desiring to construct,
maintain, or operate a brewery or winery under the provisions
of this article first shall apply to the commission for a permit.
The application must be in writing in a form the commission
may prescribe. The person applying for the permit is subject to
the payment of an annual fee of one hundred dollars. This fee
must be paid to and collected by the commission upon each
brewery and on each commercial winery to be established and
operated before a permit is issued. The owner and operator of
a winery who consumes in the operation of it only the fruits
produced on his farm or premises is subject to the payment of
an annual fee of five dollars. A permit expires annually August
thirty-first. A brewer or commercial wine manufacturer
beginning business after the first day of a permit year must
have fees prorated as specified in Section 61-3-240(G). No
refund may be made to a dealer who ceases business after
securing a permit.
Section 61-7-930. Wines and brewed products referred to
in this article must be stamped by the manufacturer or producer
in the manner provided by law for paying the tax on soft drinks
and at the rates provided in Article 7, Chapter 21 of Title 12.
A manufacturer or producer of beer or wine is not required to
affix the tax-paid crowns or stamps to beer and wine intended
to be sold outside this State.
Article 11
Wine Only
Section 61-7-1110. Regulation No. 4 of the United States
Treasury Department, Federal Alcohol Administration
Division, relating to `Labeling and Advertising of Wine', is
adopted for the labeling and advertising of wine sold or offered
for sale in this State, except as it differs from existing laws of
the State or related regulations.
Section 61-7-1120. A licensed winery in this State which
produces and sells only domestic wine may sell the domestic
wine with an alcoholic content of fourteen percent or less at
wholesale or retail, or both, on the winery premises and deliver
or ship the wine to purchasers within or without the State.
Deliveries of domestic wine within South Carolina must be
made between seven a.m. and seven p.m. The domestic
wineries may provide wine taste samples to prospective
customers without cost.
Section 61-7-1130. It is unlawful for a person to import,
sell, or offer for sale in this State wines of which the labels,
standards, or identities do not conform to the provisions of
Regulation No. 4. Imitation, concentrate, and substandard
wines, as defined in Regulation No. 4, are prohibited from sale
in this State.
Section 61-7-1140. The commission shall provide for the
inspection of wines imported into or offered for sale in this
State, the expense to be paid from the proceeds of the wine tax.
The commission also may promulgate regulations as to the
containers in which wine may be sold at retail and declare to be
`undesirable wine packages' wine sold in a container prohibited
in the regulations or wine the sale of which is prohibited.
CHAPTER 9
Alcoholic Liquor -
Taxes
Section 61-9-10. Alcoholic liquors sold in sealed containers
of two ounces or less must be taxed at the rate of twenty-five
cents a container in addition to the case tax as prescribed in
Article 5, Chapter 33, Title 12 and collected as those taxes are
collected. Taxes levied in Article 3 of that chapter do not apply.
Section 61-9-20. Revenue allocated to counties in this title
for educational purposes relating to the use of alcoholic liquors
and the rehabilitation of alcoholics, drug abusers, and drug
addicts must be regulated and disbursed in accordance with this
chapter.
Section 61-9-30. Before the use of the revenue described in
Section 61-9-20, the governing body of each county shall:
(1) designate a single existing county agency or
organization, public or private, as the sole agency in the county
for alcohol and drug abuse planning for programs funded by
revenues allocated for the purposes provided in Section 61-9-20
or create a new agency for that purpose;
(2) develop a county plan in accordance with the state
plan for alcohol abuse and alcoholism and the state plan for
drug abuse required by Public Laws 91-616 and 92-255 for the
prevention and control of alcohol and drug abuse and obtain
written approval of the plan by the South Carolina Commission
on Alcohol and Drug Abuse. Written approval must be granted
if reasonable. If approval is denied, an appeal may be made to
the Governor. The appeal must state fully the reasons why it is
made. If the Governor considers denial to be unreasonable, he
shall communicate his reasons to the Commission on Alcohol
and Drug Abuse and require it to reexamine the plan in light of
his objections. Following reexamination, there may be no
further appeal.
Section 61-9-40. The single county agency, provided for in
Section 61-9-30, shall provide for citizen participation and
consumer input in the development and implementation of the
county alcohol and drug abuse plan through an existing board
or advisory committee or, where none exists or where citizen
participation is nonexistent, through the establishment of a
county advisory committee, which shall consult with and advise
the single county agency in the development and
implementation of the county plan.
Section 61-9-50. Revenue funds allocated pursuant to
Section 6-27-40(B) must be collected and disbursed by the
South Carolina Tax Commission in the manner and in
accordance with that section on a per capita basis according to
the latest official United States census. Revenue funds must be
disbursed to the counties but must not be used until their
alcohol and drug abuse plans have been approved. If the funds
have not been expended within two years from receipt by the
county treasurer, the funds must be returned to the general fund
of the State to be disbursed on a per capita basis to the counties
which have approved plans.
Section 61-9-60. Revenue funds received in accordance
with this chapter may be expended only for activities and
services called for in and consistent with the recommendations
of the approved county alcohol and drug abuse plan.
Section 61-9-70. Each county governing body shall:
(1) establish methods of administration necessary for the
proper and efficient operation of the programs and services or
projects, including the provision of annual reports of progress
toward implementing county plans to the South Carolina
Commission on Alcohol and Drug Abuse.
(2) provide for accounting procedures necessary to assure
proper disbursement of and accounting for the funds, including
an annual audit of fiscal records, a copy of which must be
furnished to the South Carolina Commission on Alcohol and
Drug Abuse.
Section 61-9-80. This chapter does not prevent two or more
counties from joining together in plans, programs, and projects
or in designating a single agency to administer multicounty
plans required by Section 61-9-30(2).
Section 61-9-90. Funds disbursed for the purposes provided
in Section 61-9-20 may be used only to supplement and
increase the level of federal, state, local, and other funding
available in the absence of these funds and must not be used to
supplant federal, state, local, and other funds.
CHAPTER 11
Alcohol
Article 1
Sale and Use by Druggists
Section 61-11-10. Wholesale druggists lawfully may sell
in wholesale quantities to retail druggists, public or charitable
hospitals, or medical or pharmaceutical colleges pure alcohol
for medical purposes only or grain alcohol to be used by
chemists or bacteriologists actually engaged in scientific work
and for these purposes only. At the end of each month in which
the sales have been made, the wholesale druggist shall file with
the clerk of court of the county in which he does business a
statement in writing under oath giving the name of the
purchaser, price paid, date of sale, and quantity and character
of the alcohol sold. If the wholesale druggist making the sale is
not a resident of this State, the statement must be filed in the
office of the clerk of court of the county in which the purchaser
resides.
Section 61-11-20. A retail druggist whose place of
business is located in an incorporated town or city of this State
and who is a registered or licensed pharmacist or who regularly
employs a registered or licensed pharmacist may sell, in the
manner set out in this chapter, upon filing a bond of five
thousand dollars to be approved by the clerk of court of the
county in which the druggist does business, conditioned for a
faithful observance of the provisions of this chapter, pure
alcohol for medical purposes only and grain alcohol to chemists
and bacteriologists actually engaged in scientific work and for
these purposes only. However, the druggist may use alcohol in
the compounding of prescriptions or other medicines, the sale
of which does not subject him to the payment of a special tax
required of alcoholic liquor dealers by the government of the
United States nor prevent the druggist from compounding or
selling medicinal preparations manufactured in accordance with
formulas prescribed by the United States Pharmacopoeia and
National Formulary which contain no more alcohol than is
necessary to extract the medicinal properties of the drugs
contained in the preparations and no more alcohol than is
necessary to hold the medicinal agents in solution and which
are manufactured and sold as medicines and not as beverages.
Section 61-11-30. No sale of pure alcohol for medicinal
purposes may be made by a retail druggist except upon the
prescription of a regular practicing physician of this State who,
before writing the prescription, makes an actual examination of
the person for whom the prescription is issued.
Section 61-11-40. The prescription must be substantially
in the following form: `State of South Carolina
County. To druggist. I, , a
regular licensed and practicing physician under the laws of this
State, certify that I have examined , a patient in
my charge, and I prescribe for the use of the patient
alcohol. I further certify that the use of the alcohol is, in
my judgment, absolutely necessary to alleviate or cure the
illness or disease from which the patient is now suffering and
that I am not interested in the drugstore to which this
prescription is directed nor in the profits on the drugs
prescribed in this prescription.
Dated .
M. D.'
Section 61-11-50. No prescription may be filled except
the day upon which it is issued or the following day and no
more than one-half pint of alcohol may be sold and delivered
on one prescription. When the prescription is filled, it must not
be refilled but must be delivered to the druggist filling it. No
druggist who is also a practicing physician may fill his own
prescription for pure alcohol nor may it be filled at a drugstore
in which the physician is interested financially. The delivery of
the alcohol sold under the prescription may be made only to the
person for whom the prescription is issued, to the physician, or
to someone authorized by the physician or, for a person under
twenty-one years of age, to his parent, guardian, physician, or
someone authorized by the physician.
Section 61-11-60. A retail druggist whose place of
business is located in an incorporated town or city of the State
lawfully may sell alcohol in quantities not greater than five
gallons to be used in the arts or for scientific or mechanical
purposes. The druggist may sell, in like quantities, to chemists
and bacteriologists engaged in scientific work and for those
purposes only.
Section 61-11-70. A person desiring to purchase alcohol
for the purposes set out in Section 61-11-60 shall sign a written
printed statement giving his name, residence, occupation, and
the purpose for which he intends to use the alcohol, and he shall
certify that the alcohol is purchased in good faith for that
purpose and no other.
Section 61-11-80. The druggist shall retain prescriptions
for alcohol and the statements required by Section 61-11-70 for
inspection as required by law for the retention of the
prescription of narcotics and other drugs.
Section 61-11-90. A druggist or physician who violates
this chapter, in addition to the punishment provided, must have
his license revoked for not more than one year for each offense.
Article 3
Other Regulations
Section 61-11-210. A person may manufacture ethyl and
methyl alcohol from sawdust, slabs, other wood substance, or
molasses.
Section 61-11-220. A person engaging in the manufacture
of alcohol under the provisions of this chapter shall enter into
a bond to the State of ten thousand dollars, with surety, to be
approved by the Governor, conditioned for the faithful
observance of and compliance with all the provisions of this
chapter. The Attorney General and the circuit solicitors, when
a provision of this chapter is violated, shall sue in a county in
this State for the penalty of the bond for the benefit of the State.
Section 61-11-230. No person engaged in the manufacture
of ethyl alcohol as provided in Section 61-11-210 may sell it in
this State unless it is denatured, but he may ship ethyl alcohol
undenatured to a place without the State for use for
manufacturing purposes and in the sciences and arts.
Section 61-11-240. No alcohol manufactured under the
provisions of this chapter may be used as a beverage or for
medicinal purposes.
Section 61-11-250. Ethyl alcohol manufactured under the
provisions of this chapter must not be shipped to a point within
this State unless it has been denatured and may be shipped to
points without this State only in the manner provided in this
section. The alcohol may be carried from the warehouse as
authorized under this chapter, delivered to a common carrier,
and shipped immediately to its destination without this State.
The alcohol also may be transported to another bonded
warehouse without this State when the shipment is made under
bond, as required by the United States revenue laws.
Section 61-11-260. A person manufacturing alcohol under
this chapter, while the alcohol remains in this State, shall store
and keep it in a general United States bonded warehouse or in
another warehouse and file with the Secretary of State a
declaration setting forth the exact location, description, and
dimension of the warehouse used and to be used for that
purpose. It is unlawful to store or keep alcohol manufactured
under this chapter in a place except as provided in this section.
Section 61-11-270. A record must be kept which shows the
quantity of alcohol manufactured, the quantity transported or
shipped, and to whom and where shipped. The record is subject
to the inspection of an attorney representing this State.
Section 61-11-280. If a person manufacturing alcohol
under this chapter sells it for or consents to its use as a
beverage, either within or without this State or violates this
chapter, he forfeits to the State property within this State
connected with and incident to the manufacture of the alcohol.
The Attorney General and the solicitors shall institute an action
in a court of competent jurisdiction in a county of this State
which the Attorney General or solicitor may select for
determining whether this chapter has been violated and whether
the property has been forfeited to the State.
Section 61-11-290. It is prima facie evidence of a violation
of this chapter if ethyl alcohol is manufactured and not
denatured and is found within this State and not in the custody
of a United States revenue officer or not in course of shipment
to some point in another state. However, a reasonable time is
allowed for conveying the alcohol directly from a warehouse to
a common interstate carrier.
Section 61-11-300. Property forfeited under the provisions
of this chapter must be delivered to the State Budget and
Control Board.
Section 61-11-310. A person manufacturing in this State
ginger ale or similar soft drinks in which there is an alcoholic
ingredient not exceeding one-third of one percent may import
alcohol into this State or order and receive alcohol from another
state in quantities not exceeding ten gallons for which no
permit is required. However, the person first shall file with the
clerk of court of the county in which his manufacturing plant is
located a bond with an approved surety company as surety of
one thousand dollars to be forfeited to the State upon the proof
of misuse of alcohol or disposition of it otherwise than as
contemplated in this section for the manufacture of the product.
The solicitor shall bring action upon the bond upon information
or belief.
Section 61-11-320. Nothing in this chapter prevents the
sale of wood or denatured alcohol."
SECTION 2. Article 11, Chapter 21, Title 12 of the 1976
Code is repealed.
SECTION 3. This act takes effect upon approval by the
Governor./
Amend title to conform.
THOMAS C. ALEXANDER, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $1,296
2. Estimated Cost to State-Annually
Thereafter $-0-
House 3843 would amend Title 61, Code of Laws of South
Carolina, 1976, relating to alcohol, alcoholic beverages, and
their regulation. Revises definitions, deletes obsolete language,
and repeals Article 11, Chapter 21, Title 12, relating to
procedures and wholesalers of beer and wine.
There appears to be no new responsibilities associated with
this bill. This legislation provides for recodification of Title 61.
It is estimated that the impact to the State General Fund for
recodification would be $1,296.
Prepared By: Approved By:
Jim Trexler George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND TITLE 61, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ALCOHOL AND
ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE
REFERENCES TO ALCOHOLIC BEVERAGES TO
REGULATED BEVERAGES, REVISE DEFINITIONS AND
REQUIREMENTS PERTAINING TO THE ALCOHOLIC
BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC
BEVERAGE CONTROL ACT, LICENSES AND PERMITS,
THE TRANSPORTATION, POSSESSION, CONSUMPTION,
SALE, MANUFACTURE, AND IMPORTATION OF
REGULATED BEVERAGES, OFFENSES, AND
PENALTIES, AND DELETE OBSOLETE LANGUAGE;
AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12,
RELATING TO PRODUCERS AND WHOLESALERS OF
BEER AND WINE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 61 of the 1976 Code is amended by striking
and inserting:
SECTION 2. Article 11, Chapter 21, Title 12 of th 1976 Code
is repealed.
SECTION 3. This act takes effect upon approval by the
Governor.
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