S 1164 General Bill, By Hayes
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 7
 to Chapter 13, Title 61 so as to provide relief for damages against licensees
 and permittees to sell regulated beverages when an injury results from the
 operation of a motor vehicle by setting forth definitions, circumstances under
 which claims are established, the amount of relief authorized, and
 requirements for financial responsibility.

   01/15/92  Senate Introduced and read first time SJ-166
   01/15/92  Senate Referred to Committee on Judiciary SJ-166

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 13, TITLE 61 SO AS TO PROVIDE RELIEF FOR DAMAGES AGAINST LICENSEES AND PERMITTEES TO SELL REGULATED BEVERAGES WHEN AN INJURY RESULTS FROM THE OPERATION OF A MOTOR VEHICLE BY SETTING FORTH DEFINITIONS, CIRCUMSTANCES UNDER WHICH CLAIMS ARE ESTABLISHED, THE AMOUNT OF RELIEF AUTHORIZED, AND REQUIREMENTS FOR FINANCIAL RESPONSIBILITY.

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

SECTION 1. Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Article 7

Section 61-13-1210. As used in this article:

(1) `Injury' includes the direct and indirect consequences of the injury including loss of means of support.

(2) `Licensee' or `permittee' means a person who is licensed or permitted by the Alcoholic Beverage Control Commission to sell regulated beverages for on or off premises consumption.

(3) `Intoxication' means the condition of a person whose mental or physical functioning is impaired substantially as a result of the use of regulated beverages.

(4) `Regulated beverages' include alcoholic liquors, beer, ale, porter, and wine.

(5) `Underage person' means a person who is less than the age legally required for purchase of regulated beverages.

Section 61-13-1220. When an injury results from the operation of a motor vehicle and was a result of and caused by the intoxication of the person operating the motor vehicle or an underage person's operation of a motor vehicle after he consumed regulated beverages, whether or not he was intoxicated, a person other than the intoxicated person or underage person has a claim for relief for damages for that injury against a licensee or permittee and the manager of an establishment if all of the following circumstances exist:

(1) The licensee or permittee, his manager, or an agent or employee negligently sold or furnished regulated beverages to the underage or intoxicated person.

(2) The consumption of the regulated beverages sold or furnished in whole or in part caused the person's intoxication if he was not underage.

(3) If he was underage, traces of regulated beverages which reasonably are expected to be the regulated beverages sold or furnished were found in his bodily system at the time of the injury.

Section 61-13-1230. The sale or furnishing of regulated beverages to an underage or intoxicated person is considered negligent unless the defendant establishes by the greater weight of the evidence that the sale or furnishing was not negligent. Proof of good practices including, but not limited to, training of employees, enforcement techniques, and inquiry about the age or degree of intoxication of the person is admissible as evidence that the sale or furnishing was not negligent.

Section 61-13-1240. Damages that may be awarded pursuant to a claim for relief under this article are limited to no more than one hundred thousand dollars a person and three hundred thousand dollars for each occurrence.

Section 61-13-1250. The claim for relief created by this article is in addition to other statutory or common law relief.

Section 61-13-1260. No licensee or permittee or the manager of his establishment may be held liable for damages resulting from the refusal to sell or furnish regulated beverages to a person who fails to show proper identification, appears to be an underage person, or appears to be intoxicated.

Section 61-13-1270. No licensee or permittee subject to this article may operate his establishment unless he presents to the commission proof of financial responsibility in meeting liability that may arise under this article. Proof of responsibility may be established by either:

(1) one or more certificates of insurance issued by insurance companies licensed or admitted to transact business in this State that provide insurance against liability arising under this article, with aggregate coverages of one hundred thousand dollars a person and three hundred thousand dollars for each occurrence. These coverages must be maintained continuously during the period of the license; or

(2) a cash bond or other acceptable surety of three hundred thousand dollars to satisfy liabilities arising under this article. The bond or surety must be posted with the commission, and the amount must be maintained continuously by the licensee or permittee with the commission during the effective period of the license."

SECTION 2. Article 7, Chapter 13, Title 61 of the 1976 Code added in this act applies only to acts and omissions occurring on or after the effective date of this act.

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