Current Status Introducing Body:House Bill Number:3025 Primary Sponsor:Tucker Committee Number:26 Type of Legislation:GB Subject:Alcoholic Beverage Control Commission abolished Residing Body:House Current Committee:Labor, Commerce and Industry Date Tabled:19930330 Computer Document Number:DKA/4057AL.93 Introduced Date:19930112 Last History Body:House Last History Date:19930330 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:Tucker Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3025 House 19930330 Tabled in Committee 26
3025 House 19930112 Introduced, read first time, 26
referred to Committee
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TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AS A SEPARATE AGENCY OR DEPARTMENT OF STATE GOVERNMENT; TO TRANSFER ALL OF THE POWERS, DUTIES, FUNCTIONS, RIGHTS, AND PRIVILEGES OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION SHALL MAINTAIN AND OPERATE A DIVISION OF ALCOHOLIC BEVERAGE CONTROL FOR THE PURPOSES OF ADMINISTERING ALL OF THE PROVISIONS OF LAW FORMERLY ADMINISTERED BY THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION; TO PROVIDE FOR THE TERMINATION OF THE TERMS OF THE MEMBERS OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION; TO PROVIDE FOR THE TRANSFER FROM THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, OF ALL OF THE RECORDS, FILES, OFFICE EQUIPMENT, AND OTHER PROPERTY AND ALL PERSONNEL CONSIDERED BY THE STATE BUDGET AND CONTROL BOARD TO BE NECESSARY FOR THE PROPER FUNCTIONING OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO PROVIDE THAT WHENEVER THE TERM SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION APPEARS IN THE 1976 CODE, IT MUST BE CONSTRUED TO MEAN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION ACTING THROUGH ITS DIVISION OF ALCOHOLIC BEVERAGE CONTROL; TO AMEND SECTION 61-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN POWERS AND DUTIES OF THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVIDE THAT ALL POWERS AND DUTIES UNDER THE LAWS OF THIS STATE CONCERNING THE REGULATION OF ALCOHOLIC BEVERAGES AND BEER AND WINE ARE VESTED IN THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION ACTING THROUGH ITS DIVISION OF ALCOHOLIC BEVERAGE CONTROL; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, AND 61-1-95, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO, AMONG OTHER THINGS, REPLACE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION WITH NECESSARY REFERENCES TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; TO AMEND SECTION 61-3-20, RELATING TO DEFINITIONS UNDER THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CONFORM TO THE CHANGES OF POWER; TO PROVIDE THAT REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION SHALL REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION; AND TO REPEAL SECTIONS 61-1-10, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND THE APPOINTMENT AND TERMS OF ITS MEMBERS, 61-1-20, RELATING TO THE CHAIRMAN OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION, 61-1-30, RELATING TO PROHIBITED EMPLOYMENTS AND ACTIVITIES FOR MEMBERS OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND 61-1-50, RELATING TO THE TRANSFER OF PERSONNEL, RECORDS, FILES, OFFICE EQUIPMENT, AND OTHER PROPERTY OF THE SOUTH CAROLINA TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As of July 1, 1993:
(1) The South Carolina Alcoholic Beverage Control Commission shall cease to exist as a separate agency or department of state government.
(2) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission existing at the time this act takes effect are transferred to and devolved upon the South Carolina Law Enforcement Division (SLED), which shall maintain and operate a Division of Alcoholic Beverage Control for the purposes of administering all of the provisions of law formerly administered by the South Carolina Alcoholic Beverage Control Commission.
(3) The terms of the members of the South Carolina Alcoholic Beverage Control Commission are terminated.
(4) All of the records, files, office equipment, and other property of the South Carolina Alcoholic Beverage Control Commission devoted before July 1, 1993, to the exercising of the powers, duties, functions, rights, and privileges transferred to and devolved upon SLED, Division of Alcoholic Beverage Control, and all personnel engaged in the exercising of those powers, duties, functions, rights, and privileges, considered by the State Budget and Control Board to be necessary for the proper functioning of the Division of Alcoholic Beverage Control, are transferred to SLED, Division of Alcoholic Beverage Control.
(5) Wherever the term South Carolina Alcoholic Beverage Control Commission or its derivative appears in the 1976 Code, it must be construed to mean SLED acting through its Division of Alcoholic Beverage Control. The Code Commissioner is authorized to make appropriate changes in the Code in as timely and cost effective manner as possible.
SECTION 2. Section 61-1-40 of the 1976 Code is amended to read:
"Section 61-1-40. All powers and duties of the South Carolina Tax Commission under the laws of this State concerning the regulation of alcoholic beverages and beer and wine are hereby transferred to the Alcoholic Beverage Control Commission vested in the South Carolina Law Enforcement Division acting through its Division of Alcoholic Beverage Control. The Tax Commission shall continue to administer and collect the taxes relating to alcoholic beverages and beer and wine. Provided, that neither Neither the Tax Commission shall nor SLED, Division of Alcoholic Beverage Control, have has the authority to regulate the size, type, or number of beer signs displayed on the premises of any retail or wholesale beer dealer."
SECTION 3. Section 61-1-60 of the 1976 Code is amended to read:
"Section 61-1-60. In order to provide means for a more rigid enforcement of the laws and rules and regulations governing alcoholic beverages and beer and wine in the State, the South Carolina Law Enforcement Division, Division of Alcoholic Beverage Control Commission, is authorized to employ eleven investigators and other necessary administrative personnel who shall function under the control of the Commission SLED. Salaries of all personnel shall be as are set by the Commission SLED."
SECTION 4. Section 61-1-65 of the 1976 Code is amended to read:
"Section 61-1-65. No member or employee of the South Carolina Alcoholic Beverage Control Commission Law Enforcement Division, directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to any person by blood or marriage within the second degree shall:
(1) have any interest in the manufacture of or dealing in alcoholic liquors or in any enterprise or industry in which alcoholic liquors are required;
(2) receive any commission or profit on the purchase or sale of alcoholic liquors by any person;
(3) have any interest in or mortgage or deed of trust on any land or building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in any personal property used therein." SECTION 5. Section 61-1-70 of the 1976 Code is amended to read:
"Section 61-1-70. The South Carolina Alcoholic Beverage Control Commission Law Enforcement Division is authorized to issue such rules and regulations as may be necessary to carry out the duties imposed upon the Commission it by law which, when duly promulgated, shall have the full force of law."
SECTION 6. Section 61-1-80 of the 1976 Code is amended to read:
"Section 61-1-80. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Division may impose a monetary penalty as an alternate to revocation or suspension in all cases where the Commission SLED has the authority to suspend or revoke a license or permit. The Commission SLED in its discretion may also may suspend payment of the monetary penalty imposed."
SECTION 7. Section 61-1-90 of the 1976 Code is amended to read:
"Section 61-1-90. Any decision of the Alcoholic Beverage Control Commission South Carolina Law Enforcement Division revoking or suspending any a license or permit or imposing a monetary penalty in lieu thereof instead of revoking or suspending a license or permit may be appealed to the Court of Common Pleas for the county of the appellant's residence or for Richland County. Any monetary penalty imposed may be paid under protest. No appeal shall act acts as a supersedeas. Notice of such appeal shall must be served on the Commission SLED within ten days after receipt of notification of such a decision. The Commission SLED shall certify the written record to the court within thirty days after receiving the notice of appeal, and the factual issues shall must be determined on the record as on certiorari."
SECTION 8. Section 61-1-95 of the 1976 Code is amended to read:
"Section 61-1-95. A person shall promptly surrender a license or permit issued under the provisions of this title upon request of the commission SLED. All licenses and permits are the property of the commission SLED and are not transferable. All licenses and permits must be immediately surrendered to the commission SLED upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.
When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind 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.
A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the commission SLED may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."
SECTION 9. Section 61-3-20(5) of the 1976 Code is amended to read:
"(5) The word "Commission" `Division' shall mean means the South Carolina Law Enforcement Division, Division of Alcoholic Beverage Control Commission."
SECTION 10. All regulations promulgated by the Alcoholic Beverage Control Commission as of the effective date of this act remain in force until they are modified or rescinded by SLED.
SECTION 11. Sections 61-1-10, 61-1-20, 61-1-30, and 61-1-50 of the 1976 Code are repealed.
SECTION 12. This act takes effect July 1, 1993.