Current Status Introducing Body:House Bill Number:3272 Ratification Number:245 Act Number:112 Primary Sponsor:Fair Type of Legislation:GB Subject:Alcoholic beverage license provisions Date Bill Passed both Bodies:19930603 Computer Document Number:NO5/8737BD.93 Governor's Action:S Date of Governor's Action:19930611 Introduced Date:19930127 Date of Last Amendment:19930601 Last History Body:------ Last History Date:19930611 Last History Type:Act No. 112 Scope of Legislation:Statewide All Sponsors:Fair A. Young Simrill Walker Littlejohn Davenport Jaskwhich Moody-Lawrence Trotter Beatty Phillips Haskins Robinson Cato Wells Meacham Marchbanks D. Wilder Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
3272 ------ 19930611 Act No. 112
3272 ------ 19930611 Signed by Governor
3272 ------ 19930610 Ratified R 245
3272 House 19930603 Concurred in Senate
amendment, enrolled for
ratification
3272 Senate 19930603 Read third time, returned to
House with amendment
3272 Senate 19930602 Read second time, unanimous
consent for third reading on
June 3, 1993
3272 Senate 19930601 Amended
3272 Senate 19930526 Committee Report: Favorable 11
with amendment
3272 Senate 19930517 Introduced, read first time, 11
referred to Committee
3272 House 19930514 Read third time, sent to
Senate
3272 House 19930513 Amended, read second time,
unanimous consent for third
reading on Friday, May 14,
1993
3272 House 19930506 Debate adjourned until
Tuesday, May 13, 1993
3272 House 19930429 Committee Report: Favorable 26
with amendment
3272 House 19930127 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
(A112, R245, H3272)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-1-120 SO AS TO PROVIDE FILING REQUIREMENTS FOR PERSONS DESIRING A LICENSE OR PERMIT FROM THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SECTION 61-1-125 SO AS TO PROVIDE REQUIREMENTS FOR LICENSES AND PERMITS ISSUED BY THE COMMISSION TO ORGANIZATIONS, ASSOCIATIONS, OR CORPORATIONS AND MULTIPLE PERMITS AND LICENSES AND PROHIBIT ISSUANCE TO PERSONS UNDER TWENTY-ONE YEARS OF AGE, AND SECTION 61-9-35 SO AS TO PROHIBIT HOLDERS OF A BEER PERMIT OR A BEER AND WINE PERMIT FROM PURCHASING BEER OR WINE, OR BOTH, ON CREDIT; TO AMEND SECTION 61-3-420, RELATING TO PERSONS INELIGIBLE FOR ALCOHOLIC LIQUOR LICENSES ISSUED BY THE COMMISSION, SO AS TO REVISE AGE AND RESIDENCY REQUIREMENTS; TO AMEND SECTION 61-5-50, AS AMENDED, RELATING TO GRANTING OF ALCOHOLIC LIQUOR LICENSES BY THE COMMISSION, SO AS TO PROVIDE AGE AND RESIDENCY REQUIREMENTS; TO AMEND SECTION 61-9-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR BEER AND WINE PERMITS ISSUED BY THE COMMISSION, SO AS TO PROVIDE RESIDENCY REQUIREMENTS; AND TO REPEAL SECTION 61-3-430 RELATING TO LICENSES ISSUED BY THE COMMISSION TO CORPORATIONS AND ASSOCIATIONS AND SECTION 61-3-510 RELATING TO LICENSE APPLICATIONS TO THE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
License and permit filing requirements; licenses and permits for organizations, associations, and corporations; multiple permits and licenses; age requirements; credit prohibition
SECTION 1. The 1976 Code is amended by adding:
"Section 61-1-120. A person desiring a license or permit under this title 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, date of birth, race, and nationality of the person applying for the license or permit;
(2) the exact location where the business is proposed to be operated;
(3) a description of the type of business to be operated;
(4) whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;
(5) other information required by the commission to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.
Section 61-1-125. (A) No license or permit may be issued to an organization, an association, or a corporation as such. If an application is made for an organization, an association, or a corporation, the license or permit, if granted, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. The officer or designated person is responsible 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 and permittees.
(B) A person may hold multiple permits and licenses. However, a person, his agent, or his attorney must not be issued a permit or license for more than one business entity.
(C) No license or permit may be issued by the commission to a person under twenty-one years of age.
Section 61-9-35. A holder of a beer permit or a beer and wine permit may not purchase beer or wine, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for his first violation of this section. If a holder commits a second or subsequent violation, his retail dealer's permit may be suspended, canceled, or revoked by the Alcoholic Beverage Control Commission or a monetary penalty of not more than twenty-five dollars may be assessed against him."
Age and residency requirements revised
SECTION 2. Section 61-3-420 of the 1976 Code is amended to read:
"Section 61-3-420. Unless the Alcoholic Beverage Control Commission in its discretion otherwise orders, no person is eligible for a license under this chapter, Chapter 7, and Article 3 of Chapter 13 if he or the person who will have actual control and management of the business proposed to be operated:
(1) is less than twenty-one years of age;
(2) is not a legal resident of the United States and has not been a resident of South Carolina for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date;
(3) is not of good repute; or
(4) has had a license under this or another statute regulating the manufacture or sale of alcoholic liquors which has been revoked within five years next preceding the filing of the applications."
Age and residency requirements
SECTION 3. Section 61-5-50 of the 1976 Code, as last amended by Act 495 of 1992, is further amended by adding appropriately numbered items to read:
"( ) The applicant is twenty-one years of age or older.
( ) The applicant is a legal resident of the United States and has been a resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date of application."
Residency requirements
SECTION 4. Section 61-9-320(2) and (3) of the 1976 Code, as last amended by Act 495 of 1992, is further amended to read:
"(2) The retail applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date of application.
(3) The wholesale applicant is a legal resident of the United States and has been a legal resident of this State for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date of application or has been licensed previously under the laws of this State."
Repeals
SECTION 5. Section 61-3-430 and Section 61-3-510 of the 1976 Code are repealed.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 11th day of June, 1993.