Current Status Introducing Body:House Bill Number:3180 Ratification Number:566 Act Number:445 Primary Sponsor:Corning Type of Legislation:GB Subject:Brewpubs, regulation of Date Bill Passed both Bodies:19940602 Computer Document Number:NO5/8736BD.93 Governor's Action:S Date of Governor's Action:19940616 Introduced Date:19930119 Date of Last Amendment:19940601 Last History Body:------ Last History Date:19940616 Last History Type:Act No. 445 Scope of Legislation:Statewide All Sponsors:Corning Hallman Rogers Shissias Scott Klauber Jaskwhich Holt R. Young J. Bailey Waites Kelley Graham Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 3180 ------ 19940616 Act No. 445 3180 ------ 19940616 Signed by Governor 3180 ------ 19940602 Ratified R 566 3180 House 19940602 Concurred in Senate amendment, enrolled for ratification 3180 Senate 19940602 Read third time, returned to House with amendment 3180 Senate 19940601 Amended, read second time 3180 Senate 19940413 Committee Report: Favorable 11 with amendment 3180 Senate 19940125 Introduced, read first time, 11 referred to Committee 3180 House 19940120 Read third time, sent to Senate 3180 House 19940119 Amended, read second time 3180 House 19930428 Objection by Representative Cato Simrill Kirsh Meacham Moody-Lawrence Vaughn Trotter Fair Marchbanks Wells Worley Haskins 3180 House 19930421 Committee Report: Favorable 26 with amendment 3180 House 19930119 Introduced, read first time, 26 referred to CommitteeView additional legislative information at the LPITS web site.
(A445, R566, H3180)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 9 OF TITLE 61 SO AS TO PROVIDE FOR THE ESTABLISHMENT, OPERATION, AND PERMITTING OF BREWPUBS, PROMULGATION OF REGULATIONS, AND PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
Brewpubs
SECTION 1. Chapter 9, Title 61 of the 1976 Code is amended by adding:
Section 61-9-1310. For purposes of this article:
(1) `Brewpub' means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two thousand barrels a year of beer for sale on the premises.
(2) `Permitted premises' means those areas normally used by the permittee or licensee to conduct his business and shall include, but are not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.
(3) `Person' means an individual, a partnership, a corporation, or other form of business organization.
Section 61-9-1320. The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.
Section 61-9-1330. The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquor for consumption on the premises in sealed containers of two ounces or less requires an appropriate license which may be granted to the holder of a brewpub permit who meets all other qualifications for the license under this title.
Section 61-9-1340. Beer brewed on a permitted premise under this article is subject to be taxed as provided in Article 7 of Chapter 21 of Title 12. The permittee must maintain adequate records as determined by the department to ensure the collection of this tax by the department.
Section 61-9-1350. A brewpub permit authorizes the holder to:
(A) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:
(1) on draught for consumption on the premises;
(2) in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and
(3) in bottles for consumption by the purchaser off the premises.
(B) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-9-315.
(C) serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquor on the premises to be granted.
Section 61-9-1360. No person holding a brewpub permit issued by the department may sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other retail food establishments.
Section 61-9-1370. No brewpub permittee may sell or ship the beer produced on the permitted premises for sale in another location.
Section 61-9-1380. The department and the division shall promulgate regulations necessary for the appropriate enforcement of this article.
Section 61-9-1390. The department may suspend or revoke the permit or license of a person who violates the provisions of this article."
Time effective
SECTION 2. This act takes effect July 1, 1994.
Approved the 16th day of June, 1994.