H*3685(Rat #0520, Act #0469 of 1986)  General Bill, By Fair, T.A. Brett, Hayes and 
J.G. Mattos
 A Bill to amend Section 61-3-490, Code of Laws of South Carolina, 1976,
 relating to required newspaper notices of intention to apply for alcoholic
 liquor licenses; to amend Section 61-5-50, relating to the granting of
 licenses to sell alcoholic beverages in sealed containers of two ounces or
 less; and to amend Section 61-9-320, as amended, relating to beer and wine
 permits, so as to provide that a notice must also be posted on a sign at the
 location of the proposed business which contains certain information
 pertaining to the license of permit application.-amended title

   03/25/86  House  Introduced, read first time, placed on calendar
                     without reference HJ-1826
   03/26/86  House  Amended HJ-1965
   03/26/86  House  Read second time HJ-1965
   03/27/86  House  Read third time and sent to Senate HJ-2042
   03/27/86  House  Reconsidered HJ-2046
   03/27/86  House  Debate adjourned HJ-2046
   03/27/86  House  Reconsidered HJ-2047
   03/27/86  House  Amended HJ-2048
   03/27/86  House  Read third time and sent to Senate HJ-2050
   04/02/86  Senate Introduced and read first time SJ-1382
   04/02/86  Senate Referred to Committee on Judiciary SJ-1382
   04/22/86  Senate Committee report: Favorable Judiciary SJ-2228
   05/06/86  Senate Amended SJ-2441
   05/06/86  Senate Read second time SJ-2442
   05/06/86  Senate Ordered to third reading with notice of
                     amendments SJ-2442
   05/08/86  Senate  Read third time SJ-2531
   05/08/86  Senate Returned SJ-2531
   05/20/86  House  Non-concurrence in Senate amendment HJ-3118
   05/20/86  Senate  Receded from amendment SJ-2768
   05/21/86  House  Ordered enrolled for ratification HJ-3182
   05/28/86         Ratified R 520
   06/02/86         Signed By Governor
   06/02/86         Effective date 06/02/86
   06/02/86         Act No. 469
   06/09/86         Copies available

AN ACT TO AMEND SECTION 61-3-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED NEWSPAPER NOTICES OF INTENTION TO APPLY FOR ALCOHOLIC LIQUOR LICENSES; TO AMEND SECTION 61-5-50, RELATING TO THE GRANTING OF LICENSES TO SELL ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS; AND TO AMEND SECTION 61-9-320, AS AMENDED, RELATING TO BEER AND WINE PERMITS, SO AS TO PROVIDE THAT A NOTICE MUST ALSO BE POSTED ON A SIGN AT THE LOCATION OF THE PROPOSED BUSINESS WHICH CONTAINS CERTAIN INFORMATION PERTAINING TO THE LICENSE OR PERMIT APPLICATION.

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

Notice

SECTION 1. Section 61-3-490 of the 1976 Code is amended to read:

"Section 61-3-490. Every person intending to apply for any license provided for under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall publish at least once a week for three successive weeks in a newspaper published or having a general circulation in the county, city, or community wherein the person proposes to engage in business, a notice of his intention to apply. The notice must be in large type and cover a space one column wide and not less than two inches deep and must state the type of license to be applied for and the exact location at which the proposed business is to be operated.

Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of license sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one half inches high; and

(e) be posted and removed by an agent of the Commission."

License

SECTION 2. Section 61-5-50 of the 1976 Code is amended to read:

"Section 61-5-50. The Commission may grant a license upon finding that:

(a) The applicant is a bona fide nonprofit organization or that the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, both asdescribed in Section 61-5-10; and

(b) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community and its principals are of good moral character; and

(c) As to any business establishments or locations established after November 7, 1962, the provisions of Section 61-3-440 have been complied with; and

(d) Notice of application has appeared in a newspaper of general circulation in the area where the business of the applicant is to be located at least thirty days prior to the granting of the license; and

(e) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(1) state the type of license 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; and

(5) be posted and removed by an agent of the Commission."

Notice by displaying a sign

SECTION 3. Section 61-9-320 of the 1976 Code, as last amended by an act of 1986 bearing ratification number 406, is further amended by adding a new item (8) at the end to read:

"(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of permit sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high; and

(e) be posted and removed by an agent of the Commission."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.