Current Status Introducing Body:House Bill Number:3747 Primary Sponsor:Wilkins Type of Legislation:GB Subject:Alcoholic beverages, transfer of possession Residing Body:Senate Computer Document Number:NO5/7022BD.93 Introduced Date:19930318 Date of Last Amendment:19940330 Last History Body:Senate Last History Date:19940330 Last History Type:Amended, read second time, ordered to third reading with notice of general amendments Scope of Legislation:Statewide All Sponsors:Wilkins Hodges Huff Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
3747 Senate 19940330 Amended, read second time,
ordered to third reading with
notice of general amendments
3747 Senate 19940316 Committee Report: Favorable 11
with amendment
3747 Senate 19940301 Introduced, read first time, 11
referred to Committee
3747 House 19940224 Read third time, sent to
Senate
3747 House 19940223 Amended, read second time
3747 House 19940222 Debate adjourned until
Wednesday, February 23, 1994
3747 House 19940209 Committee Report: Favorable 25
with amendment
3747 House 19930318 Introduced, read first time, 25
referred to Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED AND AMENDED
March 30, 1994
H. 3747
S. Printed 3/30/94--S.
Read the first time March 1, 1994.
TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-13-287 of the 1976 Code is amended to read:
"Section 61-13-287. (A) It is unlawful for a person to transfer or give possession to any a person under the age of twenty-one years for the purpose of consumption any beer, wine, or alcoholic liquor at any place within the State if the person knew or should have known the transfer was for the purpose of consumption by a person under the age of twenty-one years. Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(B) The provisions of This section do does not apply to:
(1) a spouse over the age of twenty-one giving years transferring possession of beer, wine, or alcoholic liquor to his spouse under the age of twenty-one years in their home, to;
(2) a parent or guardian over the age of twenty-one giving years transferring possession of beer, wine, or alcoholic liquor to his children or wards under the age of twenty-one years in their home, or to;
(3) a person giving over the age of twenty-one years transferring possession of beer, wine, or alcoholic liquor to another person under the age of twenty-one years in conjunction with a religious ceremony or purpose if the beer, wine, or alcoholic liquor was lawfully purchased;
(4) an employee of a business licensed or permitted to sell beer, wine, or alcoholic liquor who transfers possession of those beverages to an employee under twenty-one years of age, as otherwise authorized by law, when the beverages are transferred for service to a customer."
SECTION 2. Section 61-3-1020 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:
"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer. Retail dealers also may sell nonalcoholic beverages items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business."
SECTION 3. Section 61-3-461 of the 1976 Code, as amended by Section 1583 of Act 181 of 1993, is amended to read:
"Section 61-3-461. No person, directly or indirectly, individually or as a member of a partnership or an association, or as a member or stockholder of a corporation or as a relative to any person by blood or marriage within the second degree, shall have any interest whatsoever in any retail liquor store licensed under this section except the three stores covered by his retail dealer's licenses, as provided for in Section 61-3-460."
SECTION 4. This act takes effect upon approval by the Governor.