Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as the media of press, television and radio bring us more bad news than good, and as we gather for our work the day before Good Friday, we pray a prayer of John Greenleaf Whittier who lived 1807 to 1892 A.D.:
Let us pray.

"Dear Lord and Father of mankind,

Forgive our foolish ways;

Reclothe us in our rightful mind,

In purer lives Thy service find,

In deeper reverence, praise.

In simple trust like theirs who heard,

Beside the Syrian Sea.

The gracious calling of the Lord,

Let us, like them, without a word

Rise up and follow Thee.

Drop Thy still dews of quietness,

Till all our strivings cease.

Take from our souls the strain and stress,

And let our ordered lives confess

The beauty of Thy peace."

Amen.

Senator GIESE made the point that a quorum was not present. It was ascertained that a quorum was not present.

Senator GIESE moved that a call of the Senate be made. The following Senators answered the call:
Bryan Cork Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Jackson
Land Lander Leatherman
Leventis Macaulay Martin
Matthews McConnell McGill
Mescher Mitchell O'Dell
Passailaigue Patterson Peeler
Rankin Reese Richter
Rose Russell Saleeby
Short Smith, G. Smith, J.V.
Thomas Waldrep Washington
Williams Wilson

The Senate resumed.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

The following was received:

Document No. 1554
Promulgated by Board of Education
Reporting Termination of School District Personnel to State Department of Education
Received by Lt. Governor January 25, 1993
Referred to Senate Committee on Education
120 day review expiration date May 25, 1993
Withdrawn and resubmitted April 7, 1993
Revised expiration date February 19, 1994

On motion of Senator SALEEBY, at 11:00 A.M., Senator HOLLAND was granted a leave of absence for today.

At 12:00 Noon, Senator GLOVER requested a leave of absence until 1:15 P.M.

On motion of Senator BRYAN, at 11:00 A.M., Senator STILWELL was granted a leave of absence for today.

The following were introduced:

S. 658 -- Senator Wilson: A SENATE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF THE LATE JOHN MILTON TERRY, SR., OF COLUMBIA.

The Senate Resolution was adopted.

S. 659 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-292 SO AS TO PROHIBIT A POLITICAL SUBDIVISION OF THE STATE, INCLUDING A SCHOOL DISTRICT IN A REASSESSMENT YEAR FROM INCREASING ITS BUDGET MORE THAN FOUR PERCENT OVER THE PRIOR YEAR'S BUDGET, TO EXCLUDE DEBT SERVICE FROM THE LIMITATION, TO REQUIRE THE STATE TREASURER TO WITHHOLD TWENTY PERCENT OF ALL STATE AID OTHERWISE DUE A POLITICAL SUBDIVISION VIOLATING THE LIMITATION, AND TO PROVIDE THAT THE DIVISION OF RESEARCH AND STATISTICAL SERVICES SHALL REVIEW BUDGETS OF POLITICAL SUBDIVISIONS IN A COUNTY UNDERGOING REASSESSMENT AND CERTIFY TO THE STATE TREASURER ANY POLITICAL SUBDIVISIONS FAILING TO MEET THE LIMIT.

Read the first time and referred to the Committee on Finance.

S. 660 -- Senator Waldrep: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THE DUTIES MUST NOT CONFLICT WITH REORGANIZATION OR OPERATION OF THE SHERIFF'S DEPARTMENT.

Senator WALDREP spoke on the Bill.

Read the first time and referred to the Committee on Judiciary.

S. 661 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 662 -- Senators Patterson, Ford, Glover, Jackson, Matthews, Mitchell and Washington: A SENATE RESOLUTION TO CONGRATULATE WILLIE FRAZIER McNULTY DAVIS AS BEING ONE OF THE TOP 100 OR MORE OUTSTANDING GRADUATES OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES UPON RECEIVING THE HONOR AS DISTINGUISHED ALUMNI AT THE NATIONAL CONFERENCE ON BLACKS IN HIGHER EDUCATION RECENTLY IN WASHINGTON, D.C.

The Senate Resolution was adopted.

S. 663 -- Senators Bryan, Drummond and Giese: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES F. KANE, DEAN OF THE UNIVERSITY OF SOUTH CAROLINA'S COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS MORE THAN TWENTY-FIVE YEARS OF TRULY OUTSTANDING SERVICE AS DEAN UPON THE OCCASION OF HIS RETIREMENT FROM THIS POSITION.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 664 -- Senators Matthews, Ford, Glover, Washington, Patterson and Jackson: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

Read the first time and on motion of Senator MATTHEWS, with unanimous consent, ordered placed on the Calendar without reference.

On motion of Senator MATTHEWS, S. 664 was ordered to a second reading with notice of general amendments on third.

H. 3863 -- Rep. Phillips: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY, SO AS TO FURTHER PROVIDE FOR THE TERMS OF MEMBERS OF THE BOARD AND THE MANNER IN WHICH THEY ARE ELECTED.

Read the first time and referred to the Committee on Education.

Senator DRUMMOND from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 418 -- Senators J. Verne Smith, Leatherman, Matthews, Giese, Martin, O'Dell, Land, Stilwell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 48 SO AS TO ENACT THE "ENVIRONMENTAL PROTECTION FUND ACT" SO AS TO PROVIDE FUNDING BY FEES FOR THE ENVIRONMENTAL PROGRAMS OF THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Medical Affairs submitted a favorable with amendment report on:

S. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.

Ordered for consideration tomorrow.

Senator COURSON, from the Committee on Invitations, stated that pursuant to the provisions of Rule 36, three-fourths of the membership of the Invitations Committee have voted affirmatively and submitted a favorable report on:

(a) Senator SALEEBY's written request that on April 21, 1993, Mrs. Robert Coker and several family members be granted the Privilege of the Chamber, to that area behind the rail, and that Mrs. Coker be granted leave to stand inside the rail for the purpose of receiving a Certificate of Appreciation.

The report was adopted without objection.

(b) Senator SHORT's written request that on April 21, 1993, or April 22, 1993, representatives of the Chester High School Girls Basketball Team be granted the Privilege of the Chamber, to that area behind the rail, and that the Coach be granted leave to stand inside the rail for the purpose of receiving a Resolution.

The report was adopted without objection.

(c) Senator COURTNEY's written request that on April 21, 1993, Miss South Carolina, Dr. Carrie Lee Davis, and her escorts be granted the Privilege of the Chamber, to that area behind the rail.

The report was adopted without objection.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 3787 -- Rep. Walker: A BILL TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.

The following Bills and Joint Resolutions were read the third time and ordered sent to the House of Representatives:

S. 466 -- Senators Thomas, Courson, Mitchell and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 113 TO TITLE 44 SO AS TO ENACT THE PROVIDER SELF-REFERRAL ACT; TO PROHIBIT HEALTH CARE PROVIDERS FROM REFERRING PATIENTS TO FACILITIES AND SERVICES IN WHICH THE PROVIDER HAS A FINANCIAL INTEREST UNLESS CERTAIN CONDITIONS ARE MET; TO PROVIDE PENALTIES; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO GATHER DATA AND TO REPORT TO THE GENERAL ASSEMBLY.

S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.

S. 641 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO CRITERIA FOR PHYSICIAN SUPERVISION OF NURSES IN THE EXTENDED ROLE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1546, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 642 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1602, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.

S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.

Senator SALEEBY asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5759HC.93) proposed by Senator SALEEBY and previously printed in the Journal of Wednesday, April 7, 1993.

Senator SALEEBY made the motion to withdraw the amendment.

There was no objection.

The following Bill having been read the second time with notice of general amendments was ordered placed on the third reading Calendar:

S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.

S. 323 -- Senators Moore, Wilson, Giese, Ryberg, Stilwell, Richter, Mescher and Waldrep: A BILL TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE STATE LAW ENFORCEMENT DIVISION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE STATE LAW ENFORCEMENT DIVISION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 61-1-30, 61-1-40, 61-1-50, AND 61-3-60 RELATING TO PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD323.006), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. As of January 1, 1994:

(1) The South Carolina Alcoholic Beverage Control Commission ceases 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 concerning licensing and assessment of penalties for administrative violation of the law or regulations are transferred to the South Carolina Tax Commission.

(3) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission concerning law enforcement, regulation enforcement, and inspections are transferred to the South Carolina Law Enforcement Division.

(4) All records, files, office equipment, and other property of the South Carolina Alcoholic Beverage Control Commission devoted to the exercising of all powers and duties are apportioned between the South Carolina Tax Commission and the South Carolina Law Enforcement Division as determined by the State Budget and Control Board.

(5) All personnel engaged in the exercise of those powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission have priority for those positions necessary to perform those responsibilities that are transferred to the South Carolina Law Enforcement Division and the South Carolina Tax Commission. The positions available and the salary paid for these positions which are transferred must be determined by the State Budget and Control Board and must be necessary for the proper functioning of those responsibilities at the South Carolina Law Enforcement Division and the South Carolina Tax Commission. After the initial transfer is made, the positions available and the salary paid for these positions must be determined by the South Carolina Tax Commission or the South Carolina Law Enforcement Division, as appropriate, and as provided for in the annual appropriation act.

(6) When the law enforcement personnel of the South Carolina Alcoholic Beverage Control Commission are transferred to the South Carolina Law Enforcement Division by the provisions of this act, they must continue to meet those qualifications and criteria as formerly applied to them at the South Carolina Alcoholic Beverage Control Commission but are not automatically considered to have been appointed South Carolina Law Enforcement Division agents under Article 3, Chapter 4, Title 12 of the 1976 Code unless further action is taken to accomplish the same by the Governor and the Chief of the South Carolina Law Enforcement Division.

(7) All fines, fees, forfeitures, or revenues imposed or secured by the Divisions of the South Carolina Alcoholic Beverage Control Commission shall be transferred to the South Carolina Tax Commission or the South Carolina Law Enforcement Division, depending on the nature of the fees and as dictated by the State Budget and Control Board and must continue to be used and expended for those purposes now provided by law. If a portion of these fines, fees, forfeitures, or revenues were previously required to be used for the support, benefit, or expense of the licensing and law enforcement personnel, these funds must continue to be used for these purposes.

(8) The State Budget and Control Board, in consultation with the Chief of the South Carolina Law Enforcement Division and the Chairman of the South Carolina Tax Commission, shall prescribe the manner in which the provisions of this act must be implemented.

(9) The South Carolina Tax Commission, in consultation with the South Carolina Attorney General, shall create a list of attorneys qualified to act as hearing officers for the South Carolina Tax Commission. These hearing officers shall perform those adjudicatory functions previously under the purview of the South Carolina Alcoholic Beverage Control Commission.

(10) The terms of the members of the South Carolina Alcoholic Beverage Control Commission are terminated upon the effective date of this act.

SECTION 2. Chapter 1, Title 61 of the 1976 Code is amended to read:

Section 61-1-10. There is hereby created the South Carolina Alcoholic Beverage Control Commission, which shall consist of three members, to be appointed by the Governor for terms of six years in the same manner and under the same terms and conditions as the members of the South Carolina Tax Commission are appointed. Of the members first appointed, at least two shall be present members of the Tax Commission, whose terms may be extended so that of the initial members one shall serve for two years, one shall serve for four years and one shall serve for six years. (A) The South Carolina Tax Commission, in consultation with the South Carolina Attorney General, shall annually develop a list of attorneys who are qualified to act as Alcoholic Beverage Control Hearing Officers. In order to be considered qualified to act as a hearing officer, a person:

(1) must be licensed to practice law in this State;

(2) must have been licensed to practice law for at least three years;

(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;

(4) must have trial experience; and

(5) must meet other qualifications the Tax Commission and the Attorney General determine are necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine.

To the extent possible, the list must include attorneys from all areas of the State. Hearing officers must be appointed from the list on a rotational basis to hear cases in the county or region in which they practice law. Hearing officers must be paid an hourly rate approved by the Attorney General and may be reimbursed for actual and reasonable travel expenses incurred in the performance of their duties as hearing officers.

Attorneys who are included in the list of persons eligible to be hearing officers may not represent another person on matters relating to alcoholic beverages, beer, and wine before the South Carolina Tax Commission or its hearing officers. An attorney whose name was formerly included on the list of persons eligible to be hearing officers may not represent another person on matters relating to alcoholic beverages, beer, and wine before the Tax Commission or its hearing officers for a period of one year after the attorney's name is removed from the list.

Section 61-1-20. The Governor shall designate one of the commissioners as chairman. In addition to other qualifications required of the chairman by this chapter, the Governor, in selecting the chairman, shall give consideration to prior service by a candidate for chairman as either a member of the Tax Commission or an employee of the Tax Commission, or the Governor may appoint anyone skilled in tax laws and administration. (A) Alcoholic Beverage Control Hearing Officers have the following duties:

(1) to hold and conduct hearings on protested applications and renewals;

(2) to hold and conduct hearings on contested violations;

(3) to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at hearings or before any law enforcement officer;

(4) to administer oaths;

(5) to take testimony; and

(6) to prepare and issue orders.

(B) Alcoholic Beverage Control Hearing Officers are authorized:

(1) to suspend or revoke licenses and permits on behalf of the commission in all cases where the commission is authorized by the laws and regulations governing alcoholic beverages, beer, and wine to suspend or revoke licenses and permits;

(2) to impose a monetary penalty as an alternate to revocation or suspension on behalf of the commission in all cases where the commission has the authority to suspend or revoke a license or permit;

(3) to suspend payment of any monetary penalty that has been imposed instead of revocation or suspension of a license or permit on behalf of the commission in all cases where the commission has the authority to do so; and

(4) to perform all adjudicatory functions of the commission relating to the laws and regulations governing alcoholic beverages, beer, and wine.

Section 61-1-25. All hearings conducted by a South Carolina Alcoholic Beverage Control Hearing Officer on protested applications must be held in the city or county in which the premises for which the protested license or permit has been requested is located. All hearings conducted by a hearing officer on protested renewals and contested violations must be held in the city or county in which the licensed or permitted business is located.

Section 61-1-30. No member of the Alcoholic Beverage Control Commission shall (a) engage in any occupation or business interfering with or inconsistent with his duties; (b) serve on any committee of a political party or (c) contribute directly or indirectly money or anything of value in support of any candidate for office or to any political organization. In all cases in which the commission has the authority to revoke or suspend a license or permit, impose a monetary penalty instead of revoking or suspending a license or permit, suspend payment of a monetary penalty imposed, or perform other adjudicatory functions relating to the laws and regulations governing alcoholic beverages, beer, and wine, this authority shall be exercised through the Alcoholic Beverage Control Hearing Officers. All duties performed and authority exercised by the hearing officers are considered to be performed and exercised by and on behalf of the South Carolina Tax Commission. This does not delete or supersede the requirement that any appeal of a decision made by a hearing officer must be made to the commission.

Section 61-1-40. All powers and duties of the South Carolina Tax Commission concerning the regulation of alcoholic beverages and beer and wine are hereby transferred to the Alcoholic Beverage Control Commission. The Tax Commission shall continue to administer and collect the taxes relating to alcoholic beverages and beer and wine. Provided, that neither Commission shall have the authority to regulate the size, type or number of beer signs displayed on the premises of any retail or wholesale beer dealer. Any decision of an Alcoholic Beverage Control Hearing Officer revoking or suspending a license or permit, imposing a monetary penalty instead of revoking or suspending a license or permit, suspending payment of a monetary penalty imposed, or made pursuant to performing an adjudicatory function, may be appealed to the South Carolina Tax Commission. Notice of such appeal must be served on the commission within ten days after receipt of notification of a decision.

If an appeal is made to the commission, the commission shall review the decision of the hearing officer and, if good grounds be shown therefor, reconsider the evidence, receive further evidence, rehear the parties or their representatives and, if proper, amend the decision. In reviewing such appeal, the commission may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at such hearings. The commission may administer oaths and take testimony thereunder.

A decision of the hearing officer, if not reviewed in due time, or a decision of the commission upon such review is conclusive and binding as to all questions of fact.

An appeal from a decision of the commission or an appeal of errors of law may be made within thirty days after receipt of notification of a decision to the court of common pleas for the county of the appellant's residence under the same terms and conditions as govern appeals in ordinary civil actions. Notice of appeal must state the grounds of the appeal or the alleged errors of law.

Any monetary penalty imposed by the hearing officer, commission, or court may be paid under protest. No appeal acts as a supersedeas.

Section 61-1-50. All the records, files, office equipment and other property of the South Carolina Tax Commission devoted before June 20, 1967 to the exercising of the powers and duties transferred to the Alcoholic Beverage Control Commission and all personnel engaged in the exercising of such powers and duties transferred to the Alcoholic Beverage Control Commission considered by the State Budget and Control Board to be necessary for the proper functioning of the Alcoholic Beverage Control Commission shall be transferred to the Alcoholic Beverage Control Commission. If an Alcoholic Beverage Control Hearing Officer determines he has a conflict of interest pursuant to Canon 3, Rule 501(C) and (D), South Carolina Appellate Court Rules, he must disqualify himself from the proceeding. Upon a determination by a hearing officer that no conflict of interest exists, the person involved in the proceeding or his representative may request the full commission to make a determination as to whether or not the hearing officer must disqualify himself. Upon such request, the proceeding shall be stayed. The commission must make this determination pursuant to Canon 3, Rule 501 (C) and (D) and notify all parties involved within three days of the request.

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 Beverage Control Commission is authorized to employ eleven investigators and other necessary administrative personnel who shall function under the control of the Commission. Salaries of all personnel shall be as set by the Commission. The South Carolina Tax Commission and the South Carolina Law Enforcement Division shall employ personnel necessary to administer and enforce the laws and regulations governing alcoholic beverages, beer, and wine. Salaries of these personnel shall be set by the commission and the division, as applicable.

Section 61-1-65. (A) No member or employee of the South Carolina Alcoholic Beverage Control Commission, The chief of the South Carolina Law Enforcement Division and the commissioners of the South Carolina Tax Commission 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 not:

(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; or

(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.

(B) No employee of the commission may license, permit, or participate in the licensing or permitting of any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic beverages, beer, and wine if the employee has an ownership interest in that person, business, or organization.

(C) No employee of the division may enforce any law or regulation governing alcoholic beverages, beer, and wine against any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic beverages, beer, and wine if the employee has an ownership interest in that person, business, or organization.

Section 61-1-70. The South Carolina Alcoholic Beverage Control Commission is Tax Commission and the South Carolina Law Enforcement Division are authorized to issue such rules and promulgate regulations as may be necessary to carry out the duties imposed upon the Commission them by law which, when duly promulgated, shall have the full force of law.

Section 61-1-80. The Alcoholic Beverage Control Commission commission may impose a monetary penalty as an alternate to revocation or suspension in all cases where the Commission commission has the authority to suspend or revoke a license or permit. The Commission in commission in its discretion may also suspend payment of the monetary penalty imposed.

Section 61-1-90. Any decision of the Alcoholic Beverage Control Commission revoking or suspending any license or permit or imposing a monetary penalty in lieu thereof 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 as a supersedeas. Notice of such appeal shall be served on the Commission within ten days after receipt of notification of such decision. The Commission shall certify the written record to the court within thirty days after receiving the notice of appeal, and the factual issues shall be determined on the record as on certiorari. Neither the South Carolina Tax Commission nor the South Carolina Law Enforcement Division shall have the authority to regulate the size, type, or number of beer signs displayed on the premises of any retail or wholesale beer dealer.

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. All licenses and permits are the property of the commission and are not transferable. All licenses and permits must be immediately surrendered to the commission 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 may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity. Section 61-1-110. The commission South Carolina Tax Commission shall accept checks, in addition to any other method of payment it considers appropriate, in payment of the fees due for any license or permit it issues as provided by law. If the check is dishonored for any reason the commission may suspend the license or permit without notice or a hearing until the applicant makes the payment in a form satisfactory to the commission and pays a reinstatement fee of fifty dollars. The commission may retain the reinstatement fee in order to offset the cost of this provision.

Section 61-1-120. As used in Title 61, unless the context clearly requires otherwise:

(1) `Commission' means the South Carolina Tax Commission.

(2) `Division' means the South Carolina Law Enforcement Division.

(3) `Hearing officer' means an Alcoholic Beverage Control Hearing Officer."

SECTION 3. Chapter 3, Title 61 of the 1976 Code is amended to read:

Section 61-3-10. This chapter, Chapter 7, and Article 3 of Chapter 13, shall be known and may be cited as `The Alcoholic Beverage Control Act'.

Section 61-3-20. As used in this chapter, Chapter 7, and Article 3 of Chapter 13, unless the context clearly requires otherwise:

(1) The words `alcoholic liquors' mean any spirituous malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors or any compound or mixture thereof by whatever name called or known which contains alcohol and is used as a beverage, but shall not extend to:

(a) Wine wine when manufactured or made for home consumption and which is not sold by the maker thereof or by any other person, or

(b) Any any beverage declared by statute to be nonalcoholic or nonintoxicating;

(2) The word `manufacturer' means any person operating a plant or place of business within this State for distilling, rectifying, brewing, fermenting, blending or bottling any alcoholic liquors;

(3) The word `wholesaler' means any person who shall from without the State purchase, acquire or import or who shall purchase or acquire from a manufacturer within the State any alcoholic liquor for resale; and

(4) The words `retail dealer' shall mean any holder of a license issued under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, other than a manufacturer or wholesaler; and .

(5) The word `Commission' shall mean the South Carolina Alcoholic Beverage Control Commission.

Section 61-3-30. No provision in this chapter, Chapter 7, or Article 3 of Chapter 13, shall apply to alcohol intended for use in the manufacture and sale of any of the following when they are unfit for beverage purposes, namely:

(1) Denatured alcohol produced and used pursuant to acts of Congress and regulations promulgated thereunder;

(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations;

(3) Flavoring extracts, syrups, and food products; and

(4) Scientific, chemical, mechanical and industrial products.

Any person who shall knowingly sell any of the products enumerated in paragraphs (1), (2), (3) and (4) for beverage purposes shall be subject to the penalties provided in Section 61-13-410.

No provision of this chapter, Chapter 7, or Article 3 of Chapter 13, shall apply to ethyl alcohol intended for use by hospitals, colleges, governmental agencies and other permittees entitled to obtain such alcohol tax free, as provided by acts of Congress and regulations promulgated thereunder.

Section 61-3-40. This chapter, Chapter 7, and Article 3 of Chapter 13 are hereby declared to be complementary to and not in conflict with the laws providing for the legal sale of beers, wines and other vinous, fermented or malt liquors.

Section 61-3-50. The functions, duties and powers set forth in this chapter, Chapter 7, and Article 3 of Chapter 13, are hereby vested in the South Carolina Alcoholic Beverage Control Commission Tax Commission and the South Carolina Law Enforcement Division.

Section 61-3-60. The Commission may appoint an attorney, upon the approval of the Attorney General, who shall have the status of an Assistant Attorney General assigned to the Commission. Such attorney shall devote his full time to the enforcement of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-70. The Commission commission and the division may from time to time make such reasonable regulations, not inconsistent with this chapter, Chapter 7, and Article 3 of Chapter 13, or with the general laws of the State, as the Commission commission or the division shall deem necessary:

(1) To to carry out and enforce the purposes and provisions of this chapter, Chapter 7, and Article 3 of Chapter 13; or

(2) To to prevent the illegal manufacture, bottling, sale, distribution and transportation of alcoholic liquors or any one or more of such illegal acts.

And the Commission commission and the division may from time to time alter, repeal, or amend such regulations or any of them.

Such regulations shall be filed and published as provided for in Sections 1-1-210 to 1-1-240 and shall have the force and effect of law as provided in such sections. The Commission commission and the division shall give additional notice thereof to all licensees in such manner as it they may deem proper.

The wilful violation of any rule or regulation made under the provisions of this section and having the force and effect of law shall constitute a violation of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-80. The Commission commission and the division shall adopt such regulations as it they may deem necessary and proper to effect an equitable distribution of alcoholic liquors in this State.

Section 61-3-90. The Commission commission and the division shall, by regulation, cause the frequent analysis of alcoholic liquors sold within this State and provide procedure for obtaining samples for the purpose thereof.

Section 61-3-100. All alcoholic liquors received by a licensed wholesale liquor dealer shall have the revenue stamps as may be required by law affixed thereon for the taxes levied pursuant to Sections 12-33-230 and 12-33-240 or shall be stored in a separate compartment of a wholesaler's place of business. The storing of stamped alcoholic liquors in the same compartment with unstamped alcoholic liquors is prohibited. Alcoholic liquors removed from an unstamped compartment must have the proper tax stamps immediately affixed thereto unless shipped to a Federal Government reservation.

Section 61-3-110. The Alcoholic Beverage Control Commission commission, through the hearing officers and upon appeal of a decision of a hearing officer pursuant to Section 61-1-40, may hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at such hearings or before any officer or agent of the Commission and administer oaths and take testimony thereunder. In its discretion it may authorize any of its members, officers or agents to hold and conduct hearings, issue subpoenas and administer oaths and take testimony thereunder.

Tax Commission, Members and Employees, Law Enforcement Division, Employees

Section 61-3-220. The Commission division may employ such inspectors or agents as may be necessary for the proper administration and enforcement of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The salaries of said inspectors or agents shall be fixed by the Commission division and shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13. The Governor shall commission as State state constables such inspectors or agents as are certified to him by the Commission division in order that they shall have adequate authority as peace officers to enforce the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. Each inspector or agent shall, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, section Section 26, of the Constitution of South Carolina, and also any additional oath required by law and shall give bond payable to the State, in form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company duly authorized to do business in South Carolina and approved by the Commission division, as surety, conditioned upon the faithful discharge of his duties. The premiums on such bonds shall be paid as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13 and the bonds shall be filed with and preserved by the Secretary of State.

Section 61-3-230. The Commission commission and the division may employ such clerical, stenographic and other personnel, including chemists, as may be necessary, in its their judgment, to the administration of this chapter, Chapter 7, and Article 3 of Chapter 13, and may prescribe their duties and fix their compensation, which shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13. The Commission commission or the division may require any employee to furnish such bond conditioned upon the faithful performance of his duty as it may deem proper. The premium on any such bond shall be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13, and the bond shall be filed with and preserved by the Commission commission or the division.

Section 61-3-240. There shall, as soon as practicable, be assigned to the Commission adequate office space in one of the State office buildings and until such assignment shall be made the Commission may rent adequate office space, the rent therefor to be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-250. The State Budget and Control Board may purchase for the Commission commission and the division the furniture, equipment, and material determined by it to be necessary, the cost thereof to be payable as an expense of the administration of this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-260. The Commission commission and the division each shall file annually with the Governor and the General Assembly its annual report as of June 30th of each year and shall report to the Governor on its affairs generally or on special matters connected therewith as often as he shall require.

Section 61-3-410. The Commission commission shall have sole and exclusive power to grant, issue, suspend and revoke all licenses provided for in this chapter, Chapter 7, and Article 3 of Chapter 13. In protested and contested matters, this authority shall be exercised through the hearing officers. The Commission commission may grant, subject to revocation as provided in this chapter, Chapter 7, and Article 3 of Chapter 13, the following licenses:

(1) Manufacturers' manufacturers' licenses which shall authorize the licensees to manufacture alcoholic liquors and to sell and deliver or ship them, in accordance with regulations of the Commission commission and the division, in bottles or in like closed containers to any person in this State who has a wholesaler's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13, and in barrels, bottles, or other closed containers to persons outside of this State, except that no deliveries or shipments shall be made into any state the laws of which prohibit the consignee from receiving or selling such alcoholic liquors;

(2) Wholesalers' wholesalers' licenses which shall authorize the licensees to purchase, store, keep, possess, import into this State, transport, sell and deliver alcoholic liquors in bottles or like closed containers, in accordance with regulations of the Commission commission and the division, to any person having a manufacturer's or retailer's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13; and

(3) Retail retail dealers' licenses which shall authorize the licensees to purchase alcoholic liquors from wholesalers having licenses granted under this chapter, Chapter 7, and Article 3 of Chapter 13, and to store, keep, possess and sell alcoholic liquors at retail for consumption in compliance with the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, and regulations of the Commission commission and the division not in conflict herewith.

Section 61-3-420. No person is eligible for a license under the provisions of 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 a minor;

(2) is not a resident of the State of South Carolina;

(3) is not of good repute; or

(4) has had a license under the provisions of this or any previous statute regulating the manufacture or sale of alcoholic liquors which has been revoked within the period of five years next preceding the filing of the applications;

unless the Alcoholic Beverage Control Commission commission in its discretion otherwise orders.

Section 61-3-430. No license shall be issued to a corporation or association as such and if any application is made for a corporation or association the license, if granted, shall be issued to an officer or officers thereof for its use and such officer or officers shall be held to assume all responsibility thereunder as individuals and shall be subject to all the provisions and penalties set forth in this chapter, Chapter 7, and Article 3 of Chapter 13 as applicable to individual licensees.

Section 61-3-440. The Commission commission shall not grant or issue any license provided for in this chapter, Chapter 7, and Article 3 of Chapter 13, if the place of business is within three hundred feet of any church, school, or playground situated within a municipality or within five hundred feet of any church, school, or playground situated outside of a municipality. Such distance shall be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of such church, school, or playground, which, as used herein, shall be defined as follows:

(1) `Church', an establishment, other than a private dwelling, where religious services are usually conducted;

(2) `School', an establishment, other than a private dwelling where the usual processes of education are usually conducted; and

(3) `Playground', a place, other than grounds at a private dwelling, which is provided by the public or members of a community for recreation.

The above restrictions shall not apply to the renewal of licenses existing on July 10, 1960 or to locations then existing.

Section 61-3-450. No license shall be issued to more than one member of any household in this State.

Section 61-3-460. No more than three licenses shall be issued to any one licensee, and the licensee must be eligible for a license with respect to each store as prescribed by Section 61-3-420.

No more than three retail liquor licenses shall be issued for the use of any one corporation, association, partnership, or limited partnership. A corporation having the use of a retail liquor license that is owned by another corporation shall be deemed to be holding the retail liquor license for the use of the owning corporation.

Section 61-3-461. No person, directly or indirectly, individually or as a member of a partnership or an association, 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 61-3-462. The provisions of Section 61-3-461 of the 1976 Code shall not apply to any person having interest in stores which will be prohibited by the provisions of such section on the effective date of Sections 61-3-461 and 61-3-462.

Section 61-3-470. The Commission commission may, in its discretion, after due investigation by the division, license retail dealers in unincorporated towns and in county communities when, in the opinion of the Commission commission, it would be to the interest of such unincorporated town or community to have a licensed retailer therein. But the Commission commission shall not license a retail dealer in any locality unless the Commission commission is assured that such locality is under proper police protection.

Section 61-3-480. If, in the judgment of the Commission commission, because of the number of retail outlets in any political subdivision, their location within the subdivision or for other reasons the citizens desiring to purchase alcoholic liquors therein are more than adequately served, it may, in its discretion, limit the further issuance of licenses in any such political subdivision.

Section 61-3-490. (A) Every person intending to apply for a license under this chapter, Chapter 7, and Article 3 of Chapter 13 shall advertise at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) (1) state the type of license sought;

(b) (2) tell an interested person where to protest the application;

(c) (3) be in bold type;

(d) (4) cover a space at least eleven inches wide and eight and one-half inches high;

(e) (5) be posted and removed by an agent of the commission.

Section 61-3-500. The provisions of Section 61-3-490, requiring publication of notice prior to applying for a license, shall not apply to any person licensed under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, when such licensee again applies to the Commission commission for a new license similar to that which he already holds to engage in the same business at the same place.

Section 61-3-510. Every person desiring a license under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall, after publishing notice of his intention as provided in Section 61-3-490, unless such notice shall not be required under the provisions of Section 61-3-500, file with the Commission commission an application in writing on forms provided by the Commission commission containing a statement under oath setting forth:

(1) The the name, address, age, race and nationality of the person applying for the license;

(2) The the name, address, age, race and nationality of the person who will have actual control and management of the business proposed to be operated;

(3) The the exact location and a description of the place where the business is proposed to be operated;

(4) Whether whether the applicant or the person who will have actual control and management of the business proposed to be operated has ever had a license under the provisions of this or any previous statute regulating the manufacture or sale of alcoholic liquors; and

(5) Any any other information required by regulation of the Commission commission.

Section 61-3-520. The Commission commission shall not issue any license until the license tax required by Chapter 33 of Title 12 has been paid by the applicant.

Section 61-3-530. Whenever a fine is imposed by the Alcoholic Beverage Control Commission commission on a beer, wine or liquor licensee for a violation and the licensee fails to pay such fine and ceases doing business on the premises where such violation occurred the Alcohol Beverage Control Commission commission shall not require a subsequent tenant of the premises to pay such fine as a condition to being issued a beer, wine or liquor license. Provided, that this prohibition shall not apply to any person who is related, by blood within the third degree or marriage, to, is in business with or is acting for or on behalf of, directly or indirectly, the licensee so fined.

The burden shall be on the new tenant to prove that no such relationship exists between him and such licensee.

Section 61-3-540. Every person upon whose application for a manufacturer's or retail dealer's license the Commission commission has acted favorably shall, within ten days from the date of the receipt by him of notice of such action, either (a) file with the Commission commission a bond payable to the State in form approved by the Commission commission, in the penal sum of two thousand dollars, with some surety or guaranty company duly authorized to do business in South Carolina and approved by the Commission commission as surety, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all license taxes provided in Chapter 33 of Title 12 or (b) deposit with the State Treasurer cash in the amount of two thousand dollars or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of two thousand dollars, which deposit shall be made upon the same condition as that required to be set forth in such bond.

Section 61-3-550. Every person upon whose application for a wholesale liquor dealer's license the Commission commission has acted favorably shall, within ten days from the date he receives notice of favorable action by the Commission commission, either (a) file with the Commission commission a bond payable to the State, in such form as is approved by the Commission commission, in the penal sum which in the opinion of the Commission commission is sufficient to protect the interest of the State, but in no case shall such bond exceed five hundred thousand dollars, with some surety or guaranty company authorized to do business in this State and approved by the Commission commission as surety, conditioned upon the lawful operation of the business covered by the license and the prompt payment of all taxes imposed by Chapter 33 of Title 12; or (b) deposit with the State Treasurer cash in the amount of the above-mentioned bond or securities sufficient, in the opinion of the State Treasurer, to secure adequately the amount of the bond. The deposit shall be made upon the same condition as that required in the bond and shall be held by the State Treasurer without interest.

Section 61-3-560. Every violation of any of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, or of Chapter 33 of Title 12 by the licensee, his agents or servants, shall constitute a breach of the condition of the bond filed or the deposit made by such licensee under Sections 61-3-540 or 61-3-550 and forfeiture of such bond or deposit shall be in addition to any other penalties or punishment provided therefor in this chapter, Chapter 7, and Article 3 of Chapter 13.

Section 61-3-570. In the event the Commission commission shall find that the condition of the bond filed or deposit made by any licensee under Sections 61-3-540 or 61-3-550 has been broken, the Commission commission shall bring an action in its name in the county in which the business of the licensee is or was located and operated to recover the amount of the bond. The action shall be against the licensee and his surety if the licensee filed a bond under Sections 61-3-540 or 61-3-550 and shall be against the licensee only if he deposited cash or securities under Sections 61-3-540 or 61-3-550.

Section 61-3-580. The cash deposited by the licensee shall be applied by the State Treasurer in payment of the judgment recovered against the licensee and, in the event securities were deposited by the licensee the State Treasurer shall, after fifteen days' advertisement, sell the same at public auction and apply the proceeds of such sale to the payment of the judgment recovered against the licensee, paying over to the licensee any amount remaining thereafter.

Section 61-3-590. The amounts received by the Commission commission or by the State Treasurer from the collection and payment of any judgments recovered under Section 61-3-570 shall be turned into the State Treasury to be disposed of in the manner provided in Chapter 33 of Title 12 for the disposition of license taxes collected under that chapter.

Section 61-3-600. Notwithstanding any other provision of law a permit not to exceed seventy-two hours to allow the possession and consumption of alcoholic beverages shall be issued upon request, from time to time, to the public authorities in charge of a publicly owned auditorium, coliseum, or armory. Such permit shall be for the benefit of any person leasing or otherwise lawfully using the subject premises.

Section 61-3-610. An establishment which offers meals to the public may secure a license from the Alcoholic Beverage Control Commission commission to purchase and possess liqueurs, wines, and similar alcoholic beverages used solely in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the commission. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the commission must be revoked. The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic beverages in containers of two ounces or less issued pursuant to Act 398 of 1967. Establishments so licensed may use alcoholic beverages in the preparation of food without obtaining the license provided in this section if only containers of two ounces or less are used in the food preparation.

Section 61-3-710. (A) Licenses issued under this chapter expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3) Licensees located in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.

(C) The commission shall prorate license fees for license years 1992-94 according to the time the licenses are valid.

Section 61-3-720. In the event of the death of any licensee, except in the case of a license granted to more than one person, the executor or administrator of such deceased licensee may, with the consent of the court of probate and upon permit of the Commission commission, continue the operation of the business covered by the license. If such executor or administrator shall elect to discontinue such business or if the Commission commission shall not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which it was issued, shall be refunded to the executor or administrator, and any alcoholic liquors of the deceased which come into his hands as such executor or administrator may be sold by him in the manner provided in Section 61-3-800.

Section 61-3-730. The Commission commission shall refuse to grant any license mentioned in this chapter, Chapter 7, and Article 3 of Chapter 13, if it shall be of the opinion that:

(1) The the applicant is not a suitable person to be so licensed;

(2) The the store or place of business to be occupied by the applicant is not a suitable place; or

(3) A a sufficient number of licenses have already been issued, in the State, incorporated municipality or unincorporated community or other community.

Section 61-3-740. The Commission commission may suspend or revoke any license issued by it if it be of the opinion that:

(1) The the licensee is not a suitable person to hold such license; or

(2) The the store or place of business occupied by the licensee is not a suitable place.

Section 61-3-750. The Alcoholic Beverage Control Commission commission shall revoke the license of any wholesaler whenever proof is obtained that such wholesaler has an interest, either directly or indirectly, in any retail store.

Section 61-3-760. Any license to sell intoxicating liquors at retail issued by the Commission commission shall be immediately revoked by the Commission commission if the licensee therein or any officer of such licensee shall during the effective period of such license be indebted to any wholesaler licensed by the Commission commission except an indebtedness for current purchases of alcoholic liquor which are not past due.

Section 61-3-770. Before the Commission commission shall refuse to grant any license or shall suspend or revoke any license issued under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, at least ten days' notice of such proposed or contemplated action by the Commission commission shall be given to the applicant or the licensee affected, as the case may be. The notice shall be in writing and shall contain a statement of the grounds or reason of the proposed or contemplated action of the Commission commission and shall be served upon the applicant or licensee in person or by registered mail sent to his last known post-office address. The Commission commission shall in such notice appoint a time and place when and at which the applicant or licensee shall be heard as to why the license should not be refused, suspended or revoked, as the case may be. The applicant or licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.

Section 61-3-780. The action of the Commission hearing officer and the commission in granting or in refusing to grant any license under the provisions of this chapter, Chapter 7, or Article 3 of Chapter 13 shall not be subject to review by any court nor shall any mandamus or injunction lie in any such case, except by certiorari is subject to appeal pursuant to Section 61-1-40. This action shall not operate as a supersedeas.

Section 61-3-790. The action of the Commission hearing officer and the commission in suspending or revoking any license pursuant to the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall be subject to review by any court of competent jurisdiction on appeal pursuant to Section 61-1-40, but such appeal shall not operate as a supersedeas to stay such suspension or revocation.

Section 61-3-800. Alcoholic liquors owned by or in possession of any licensee for sale at the time the license of any such licensee is suspended or revoked under this chapter, Chapter 7, or Article 3 of Chapter 13, or is terminated in any other manner may, upon permits issued by the Commission commission and within the time fixed therein and upon such conditions as the Commission commission may specify, be sold by such licensee to persons in this State licensed under Article 5 of this chapter or may, upon permits issued by the Commission commission and within the time fixed therein be sold to persons outside of this State for resale outside of the State, except that no deliveries or shipments shall be made into any state the laws of which prohibit the consignee from receiving or selling such alcoholic liquors. The time fixed by the Commission commission in such permits shall in no case be less than sixty days.

Section 61-3-910. No manufacturer shall own or operate more than one plant, establishment or place of business for the manufacture of alcoholic liquors in any one county of this State nor shall he permit the drinking of alcoholic liquors on his premises.

Section 61-3-920. Wholesale and retail liquor dealers are hereby prohibited from selling alcoholic liquors on credit.

Section 61-3-930. No wholesaler shall:

(1) Sell sell, barter, exchange, give, transfer or deliver for consumption any alcoholic liquors to any person not having a retail store dealer's license granted under this chapter, Chapter 7, and Article 3 of Chapter 13;

(2) Permit permit the drinking of any alcoholic liquors on his premises;

(3) Condition condition the sale of alcoholic liquors to any retail dealer upon the purchase or receipt of any other kind or brand of alcoholic liquors than that ordered by such retail dealer; or

(4) Sell sell any alcoholic liquors between the times of sundown and sunrise.

Section 61-3-940. No wholesale dealer, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation or as a relative to any person by blood or marriage within the third degree, shall have any interest whatsoever in any business, store or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesale dealer's license.

Section 61-3-950. Every wholesaler shall, for the purpose of conducting his business under his wholesaler's license, maintain a separate store or warehouse and no other goods, wares or merchandise except nonalcoholic beverages shall be kept or stored therein. No place of amusement shall be maintained within such place or in the same building or in connection therewith.

Section 61-3-960. Every wholesale licensee, upon receipt of a shipment of alcoholic liquors for sale within this State under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, shall, within twenty-four hours of the receipt of the shipment and before it is offered for sale, furnish to the Alcoholic Beverage Control Commission commission true invoices of the alcoholic liquors so received.

Section 61-3-970. Every wholesaler shall furnish to the Commission commission duplicate copies of all invoices for the sale of alcoholic liquors within twenty-four hours after such alcoholic liquors have been removed from the wholesaler's place of business.

Section 61-3-980. Every wholesaler shall file with the Commission commission monthly, on or before the first day of each month, a statement showing the stock of alcoholic liquors received by him during the preceding thirty days and such additional reports as the Commission commission may require.

Section 61-3-990. No retail dealer shall:

(1) sell, offer for sale, barter, exchange, give, transfer or deliver or permit to be sold, bartered, exchanged, given, transferred or delivered any alcoholic liquors in less quantities than two hundred milliliters;

(2) own or keep in his possession any alcoholic liquors in separate containers containing less than two hundred milliliters;

(3) sell, barter, exchange, give, transfer or deliver, offer for sale, barter or exchange or permit the sale, barter, exchange, gift, transfer or delivery of alcoholic liquors (a) between the hours of 7:00 p.m. and 9:00 a.m., (b) for consumption on the premises, (c) to a person under twenty-one years of age, (d) to any intoxicated person or (e) to any insane person;

(4) permit the drinking of any alcoholic liquors in his store or place of business.

Provided, that during restricted hours the retail dealers are permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other such related functions which may be required that do not involve sale of any alcoholic beverages.

The provisions of this section relating to quantities of less than two hundred milliliters shall not apply to sealed containers of two ounces or less when sales in these quantities are authorized by law to be sold to persons licensed to sell these sealed containers for on-premise premises consumption.

It is unlawful for any person licensed to sell alcoholic beverages under the provisions of this section to refill a container of two ounces or less and any person who is convicted of doing so shall have his license revoked permanently.

Each retail dealer shall keep a record of all sales of alcoholic beverages sold in sealed containers of two ounces or less. The record shall include the name of the purchaser and the date and quantity of the sale. The reports of sales must be filed with the Alcoholic Beverage Control Commission commission within ten days of the end of each quarter. It is unlawful to sell sealed containers of two ounces or less except during legal hours of operation.

Section 61-3-1000. Every retail dealer shall maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.

Red dots not exceeding thirty-six inches in diameter may be placed on each side of the building and on the rear and front of the building.

A sign, not to exceed thirty-six inches in diameter, may be attached to the front of the building or may be suspended from the front of the building. The words `ABC Package Store', the owner's name, and license number may appear on the sign. Letters must be white with a red background. Letters must be no more than six inches high and no more than four inches wide. Retail dealers may attach to their stores one additional sign not exceeding the dimensions of ten feet by four feet. This sign may only be white and may only contain the words `ABC Package Store' in black letters. No other letters or symbols may be placed on this sign.

Retail dealers may place signs containing the words `ABC Package Store' in shopping center directories as long as the signs are the same size as those listing other stores in the directory.

Retail dealers may place one sign, not to exceed three feet by three feet, off of their licensed premises. This sign may only be white, and may only contain the words `ABC Package Store' in black letters. This sign may also contain a red dot and a black arrow showing the direction to the package store. No other words or symbols may be placed on this sign.

A retail dealer may place a reasonable number of signs on his licensed premise premises indicating the designated parking for his licensed premise premises. In no case may the number of signs be more than the number of parking spaces. These signs may only be white and may only contain the words `ABC Package Store Parking' in black letters. No other letters or symbols may be placed on the signs. The signs may be painted on the pavement with letters not exceeding six inches in height and four inches in width or may be placed as a vertical sign which may not exceed six inches in height and twenty inches in length. The top of each vertical sign may not be more than twenty inches from the ground. A retail dealer may have only one type of sign per parking space.

Signs by retail liquor dealers other than those specifically authorized by this section are prohibited, and retail dealers may not display signs other than those authorized by this section that are visible from outside their places of business, except signs which indicate the hours of operation of the business or whether the business is open or closed. A retail liquor dealer may have no more than two signs to indicate the hours of operation of the business and no more than two signs to indicate whether the business is open or closed. These signs must be on the licensed premise premises and may not exceed twelve inches in height and sixteen inches in width. Letters on the signs must be white with a red or black background, red with a white or black background, or black with a red or white background.

Section 61-3-1010. Every retail dealer shall display all retail prices on the shelf under each brand and bottle size. No bottles of alcoholic liquors or no packages containing alcoholic liquors may be displayed in the front or windows of the store or place of business of a retail dealer. However, a retailer may display signs within the store or place of business with the price and bottle size in letters of any size. These signs must not be visible from outside the store or place of business.

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, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer.

Section 61-3-1030. Notwithstanding the provisions of Section 61-3-1020, retail dealers licensed under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, may sell all wines in the stores or places of business covered by their respective licenses, whether declared alcoholic or nonalcoholic or nonintoxicating by the laws of this State. Wines containing more than fourteen percent of alcohol by volume shall be sold only in licensed alcoholic liquor stores or in establishments licensed to sell and permit consumption of alcoholic liquors in sealed containers of two ounces or less. The provisions of this section shall not be construed to amend, alter, or modify the taxes imposed on wines or the collection and enforcement thereof.

Section 61-3-1040. The restrictive provisions of this article relating to retail dealers shall not apply to sales of alcoholic liquors by railroad, Pullman or airline companies to passengers on interstate trains or aircraft for consumption thereon, such sales being hereby permitted."

SECTION 4. Chapter 5, Title 61 of the 1976 Code is amended to read:

Section 61-5-10. As used in this article:

(1) `Bona fide engaged primarily and substantially in the preparation and serving of meals' shall refer only to such a business which has been issued a Class A restaurant license prior to issuance of license under this article and in addition provides facilities for seating not less than forty persons simultaneously at tables for the service of meals.

(2) `Furnishing lodging' shall refer only to those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms.

Section 61-5-20. Notwithstanding any other provision of law, it shall be lawful, subject to the provisions of Section 61-5-30, for any person who is twenty-one years of age or older to transport, possess, or consume lawfully acquired alcoholic liquors in accordance with the following:

(1) Any person may transport alcoholic liquors to and from any place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it shall be unlawful to transport such liquors in any motor vehicle, except in the luggage compartment or cargo area.

(2) Any person may possess or consume alcoholic liquors:

(a) In in a private residence, hotel room or motel room;

(b) Or or on any other property not engaged in any business or commercial activity, at private gatherings, receptions, or occasions of a single and isolated nature, and not on any repetitive or continuous basis, with the express permission of the owner and any other person in possession of such property, and to which the general public is not invited; provided, however, this shall not be construed to permit or in any way authorize the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to subsections (3) and (4) of this section.

(c) In separate and private areas of an establishment whether or not such establishment includes premises which are licensed pursuant to subsections (3) and (4) of this section, where specific individuals have leased such areas for a function not open to the general public.

(3) Nonprofit organizations with limited membership, not open to the general public, established for social, benevolent, patriotic, recreational, or fraternal purposes may be licensed to sell alcoholic liquors and beverages in sealed containers of two ounces or less. Members or guests of members of such organizations may consume alcoholic liquors and beverages sold in such containers upon the premises between the hours of ten o'clock in the morning and two o'clock on the following morning.

(4) Except on Sunday, it shall be lawful to sell and consume alcoholic liquors and beverages sold in sealed containers of two ounces or less in any business establishment between the hours of ten o'clock in the morning and two o'clock the following morning, provided the establishment meets the following requirements:

(a) The the business is bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging; and

(b) The the business has a license from the Alcoholic Beverage Control Commission commission permitting the sale and consumption of alcoholic liquors and beverages, which is conspicuously displayed on the main entrance to the premises and clearly visible from the outside.

(5) Provided, that the purchaser shall break the seal unless the seller shall break the seal in the presence of the purchaser and deliver the container.

(6) No person shall serve or deliver to a purchaser any alcoholic liquors in sealed containers in a business where such sales are authorized unless such person has attained the age of eighteen years; nothing contained herein shall be construed as allowing bartenders under the age of twenty-one.

Section 61-5-25. Any restaurant with a Class A or B license issued by the Department of Health and Environmental Control (department) may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by the department and is placed on individual plates or in individual serving dishes inside the restaurant and if any uncovered containers in which the beverages are served are filled only to satisfy the order of a customer.

This bill shall not allow a Class B Restaurant to sell, dispense, barter or trade in minibottles in any form or fashion.

The existing law controlling Class B Restaurants in reference to the sale or dispensing of alcoholic beverages shall not be affected in any manner.

Notwithstanding any other provisions of this section, the licensed premises of a business establishment which is bona fide engaged primarily and substantially in the preparation and service of meals and which holds a valid license for the sale and consumption of alcoholic beverages in sealed containers of two (2) ounces or less shall not extend to any portion of the business establishment or the property upon which it is located which is designed as or used for a parking area or a deck to a swimming pool even though food may be served in such area.

Section 61-5-30. It shall be unlawful for any person to possess or consume any alcoholic liquors upon any premises where such person has been forbidden to possess or consume alcoholic liquors by the owner, operator, or person in charge of the premises.

No person or establishment licensed to sell alcoholic beverages pursuant to this article shall sell such beverages to persons in an intoxicated condition and such sales shall be deemed violations of the provisions thereof and subject to the penalties contained herein.

No person, corporation or organization for whose premises a license is required shall knowingly allow the possession or consumption of any alcoholic liquors upon such premises unless a valid license issued pursuant to subsection (3) or (4) of Section 61-5-20 has been obtained and is properly displayed.

Section 61-5-40. Any person making application for a license under subsections (3) and (4) of Section 61-5-20 shall submit his application to the Alcoholic Beverage Control Commission commission. The Commission commission shall have the exclusive authority in issuing any license, or in renewing, suspending or revoking any license, pursuant to the provisions of this article.

Section 61-5-50. The commission may grant a license upon finding:

(1) The applicant is a bona fide nonprofit organization or the applicant conducts a business bona fide engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging, as described in Section 61-5-10.

(2) The applicant, if an individual, is of good moral character or, if a corporation or association, has a reputation for peace and good order in its community, and its principals are of good moral character.

(3) As to business establishments or locations established after November 7, 1962, Section 61-3-440 has been complied with.

(4) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, municipality, or community in which the applicant proposes to engage in business. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(5) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of license sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the commission.

Section 61-5-55. Notwithstanding any other provision of law, any person or organization licensed by the South Carolina Alcoholic Beverage Control Commission commission may hold and advertise special events such as bingo, raffles, and other similar activities intended to raise money for charitable purposes. This section shall not affect any requirements for obtaining a bingo license from the South Carolina Tax Commission commission.

Section 61-5-60. The Commission commission may suspend, revoke or refuse to renew a license upon finding that:

(a) The the applicant no longer meets the requirements of Section 61-5-50, or

(b) The the applicant has violated since the issuance of the license any of the regulations promulgated by the Commission commission or the division, or

(c) The the applicant has violated since the issuance of the license any other provisions of the Alcoholic Beverage Control Act, as amended. , or

(d) The the applicant permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering.

Upon the written request of any person who resides in the county where the license is requested to be granted, the Commission commission shall not issue such license until any interested person has been given an opportunity to be heard. No person who has been convicted of a felony shall be granted a license within ten years of such conviction.

Section 61-5-70. (A) Licenses issued under this article expire biennially according to the county where the licensed location is situated. The expiration dates are the last day of:

(1) February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(B)(1) Licensees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter counties shall obtain a one-year license in 1992. Beginning in 1993 these licensees shall obtain a biennial license.

(2) Licensees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose license expires in 1993 shall obtain a one-year license. Beginning in 1994 these licensees shall obtain a biennial license.

(3) Licensees in counties not provided in item (1) or (2) whose license expires in 1992 or 1993 shall obtain a biennial license upon their first license renewal or registration after June 30, 1992.
(C) The commission shall prorate license fees for license years 1992-94 according to the time the license is valid.

Section 61-5-80. (A) Applications for licenses must be accompanied by appropriate fees payable to the commission and must be deposited with the State Treasurer, or are refundable if a license is refused. The schedule of fees for the license is:

(1) one thousand, five hundred dollars biennially for a nonprofit organization, as defined in Section 61-5-20(3);

(2) one thousand, five hundred dollars biennially for a business establishment, as defined in Section 61-5-20(4).
(B) A person who initially applies for a license after the first day of a license period shall pay license fees in accordance with the schedule provided in this subsection. During the:

(1) first quarter of the license period: the entire fee;

(2) second quarter of the license period: three-fourths of the prescribed fee;

(3) third quarter of the license period: one-half of the prescribed fee;

(4) final quarter of the license year: one-fourth of the prescribed fee. (C) Each applicant shall pay a filing fee of one hundred dollars which must accompany the initial application for each location and is not refundable.

Section 61-5-85. In addition to the licenses authorized under Section 61-5-80, the Commission commission may also issue a temporary license for a period not to exceed twenty-four hours to organizations not organized for profit which will permit such organizations to purchase and sell at a single social occasion alcoholic liquors in sealed containers of two ounces or less. Notwithstanding other provisions of this chapter, the issuance of such permit shall authorize the organization to which such permit is issued to purchase alcoholic liquors in sealed containers of two ounces or less from licensed liquor dealers in the same manner that persons licensed under Section 61-5-80 are authorized to make such purchases. The fee for such permit shall be thirty-five dollars payable at the time of application. The permit application shall include a statement by the applicant as to the amount of alcoholic liquors to be purchased and the nature and date of the social occasion at which they shall be sold. The issuance or nonissuance of permits authorized under this section shall be within the sole discretion of the Commission commission.

Section 61-5-90. Before the Alcoholic Beverage Control Commission commission shall refuse to grant any license or shall suspend or revoke any license issued under the provisions of this article, at least ten days' notice of such proposed or contemplated action by the Commission commission shall be given to the applicant or the licensee affected, as the case may be. The notice shall be in writing and shall contain a statement of the grounds or reason of the proposed or contemplated action of the Commission commission and shall be served upon the applicant or licensee in person or by certified mail sent to his last known post-office address. The Commission commission shall in such notice appoint a time and place when and at which the applicant or licensee may appear and be heard as to why the license should not be refused, suspended, or revoked, as the case may be. The applicant or licensee shall at such time and place have the right to produce evidence in his behalf and to be represented by counsel.

The action of the Alcoholic Beverage Control Commission hearing officer or the commission in granting or in refusing to grant any license under the provisions of this article shall be subject to review by any court of competent jurisdiction by certiorari, which appeal pursuant to Section 61-1-40. This action shall not operate as a supersedeas.

Section 61-5-100. All alcoholic liquors found in the possession, custody or within the control of any person, corporation or organization, which are handled, stored, kept, possessed, transported, used or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of any of the provisions of this article, or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, are hereby declared to be contraband and may be seized and confiscated without a warrant by the Commission division, its respective agents, or any peace officer, and shall be disposed of in accordance with Section 61-13-570.

Section 61-5-110. Any person who transports, possesses or consumes alcoholic liquors except in a manner permitted by this article and any person who violates any of the provisions thereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days. In addition any person who is licensed to sell alcoholic liquors pursuant to the provisions of this article who has in his possession on his licensed premises any alcoholic beverages in containers other than sealed containers of two ounces or less, except wine as authorized for sale under Section 61-3-1030, or who displays such sealed containers when the seals are broken or who violates any other provisions of this article shall:

(1) For for a first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;

(2) For for a second offense within three years of the first offense be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;

(3) For for a third offense within three years of the first offense be fined not less than five hundred dollars and have his license revoked permanently;

(4) For for any violation involving the avoidance of taxes, a fine of not less than one thousand dollars and permanent revocation of his license.

Section 61-5-120. Any person, corporation, or organization who has in their possession, custody, or within their control alcoholic liquors which are handled, stored, kept, possessed, transported, used or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of the provisions of this article or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, or any other taxes shall be required to pay a penalty of twenty dollars per container to be assessed by the Tax Commission commission as other taxes are collected. The Commission commission may, upon good cause shown, remit any penalties provided in this section, in whole or in part.

Section 61-5-130. Notwithstanding any other provision of law to the contrary, alcoholic liquors and beverages sold in sealed containers of two ounces or less shall be taxed at the rate of twenty-five cents per container in addition to the case tax as prescribed in Article 5, Chapter 33, Title 12 and collected as those taxes are collected. Taxes levied in Article 3 of that chapter shall not apply.

Alcoholic beverages in sealed containers of two ounces or less as authorized to be sold in this article shall be purchased only by a person licensed under this article, in case lots and only from licensed liquor retailers. Any retailer who sells such beverages in such containers to other than a person licensed under this article shall be deemed guilty of a misdemeanor and upon conviction be fined not more than one thousand dollars and be subject to suspension or revocation of his retail license at the discretion of the Alcoholic Beverage Control Commission commission. As used in this paragraph a person licensed under this article shall include his designated agent as a purchaser. No person licensed under the provisions of subsections (3) and (4) of Section 61-5-20 shall be licensed as a retail liquor dealer on the same premises.

Section 61-5-140. The Alcoholic Beverage Control Commission division shall employ such additional enforcement personnel as required to adequately enforce the provisions of this article.

Section 61-5-150. Twenty-five percent of revenue derived from the twenty-five cents per container tax under the provisions of this article shall be returned to the counties on a per capita basis, according to the latest official United States census, to be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool such funds with other counties and with other funds for these purposes.

The remaining seventy-five percent of the revenue derived from the twenty-five cents per container tax shall be distributed as provided for by the provisions of Section 12-33-30.

Section 61-5-160. Each retail liquor dealer shall have posted in his place of business a sign with the following words printed thereon: `Any person may transport alcoholic liquors to and from any place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it shall be unlawful to transport such liquors in any motor vehicle, except in the luggage compartment or cargo area'. The size of the lettering and approved locations on the dealer's premises shall be provided for by rules and regulations of the Alcoholic Beverage Control Commission commission.

Section 61-5-170. In addition to the provisions of Section 61-5-85, the Commission commission may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquor and beverages. This permit is valid for a period not to exceed twenty-four hours, and may be issued only to bona fide nonprofit organizations that have been in existence and operating for at least twelve months prior to the date of application, to nonprofit educational foundations, and to political parties and their affiliates duly certified by the Secretary of State. The Commission commission shall charge a nonrefundable filing fee of thirty-five dollars for processing each application. The Commission commission in its sole discretion shall specify the terms and conditions of the permit.

Section 61-5-180. In addition to the provisions of Section 61-5-85, the commission may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors in sealed containers of two ounces or less. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The commission shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The permit fees must be credited to the general fund of the State. The commission in its sole discretion shall specify the terms and conditions of the permit.

Permits authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than twenty-five hundred qualified electors of the county or municipality, as the case may be, in not less than thirty nor more than forty days after receiving the petition. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the Alcoholic Beverage Control Commission South Carolina Tax Commission. The question on the ballot shall read substantially as follows:

`Shall the Alcoholic Beverage Control Commission South Carolina Tax Commission be authorized to issue temporary permits in this (county)(municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors in sealed containers containers of two ounces or less to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales'?

A referendum for this purpose may not be held more often than once in forty-eight months.

The expenses of any such referendum must be paid by the county or municipality conducting the referendum.

Section 61-5-190. The South Carolina Alcoholic Beverage Control Commission commission is the sole and exclusive authority empowered to regulate the operation of all retail locations authorized to sell beer, wine, or alcoholic beverages and is authorized to establish such conditions or restrictions which the Commission commission in its discretion considers necessary before issuing or renewing any license or permit.

Nothing contained in this section may be considered as preventing judicial appeals from decisions of the South Carolina Alcoholic Beverage Control Commission, as allowed by law, Hearing Officer or the commission, as authorized by Section 61-1-40, nor as limiting in any way the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the commission.

Section 61-5-200. The Alcoholic Beverage Control Commission commission may not generate any license fees to be deposited in the state general fund through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquor, beer, or wine to be sold on a drive-through or curb service basis.

Section 61-5-310. Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Article 1 of this chapter shall be regulated and disbursed in accordance with the provisions of this article.

Section 61-5-320. Prior to the use of the revenue described in Section 61-5-310, the governing body of each county shall:

(a) Designate designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Article 1 of this chapter or create a new agency for that purpose. ;

(b) Develop develop a county plan in accordance with the State state plan for alcohol abuse and alcoholism and the State state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of such plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances. Such written approval shall be granted by the South Carolina Commission on Alcoholism and by the Commissioner of Narcotics and Controlled Substances if reasonable. In the event approval is denied, an appeal to the Governor shall lie. Such appeal shall fully state the reasons why it is made. Should the Governor deem nonapproval of the plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances to be unreasonable, he shall communicate his reasons to the Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances and require them to reexamine such plan in light of his objections. Following such reexamination, no further appeal shall lie.

Section 61-5-330. The single county agency, as provided for in Section 61-5-320, shall provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists or where citizen participation is nonexistent, through the establishment of a county advisory committee, which shall consult with and advise the single county agency in the development and implementation of the county plan.

Section 61-5-340. Revenue funds allocated pursuant to Section 61-5-150 shall be collected and disbursed by the Tax Commission in the manner and in accordance with schedule of disbursement of other alcoholic beverage tax moneys monies on a per capita basis according to the latest official United States census. Such revenue funds shall actually be disbursed to the counties but shall not be used until their alcohol and drug abuse plans have been approved. If such funds have not been expended within two years from receipt by the county treasurer such funds shall be returned to the General Fund general fund of the State to be disbursed on a per capita basis to the counties which have approved plans. Section 61-5-350. Revenue funds received in accordance with this article will be expended only for activities and services which are called for in, and are consistent with, the recommendations of the approved county alcohol and drug abuse plan.

Section 61-5-360. Each county governing body shall:

(a) Establish establish such methods of administration as are necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the South Carolina Commission on Alcohol and Drug Abuse (Commission). ;

(b) Provide provide for such accounting procedures as may be necessary to assure proper disbursement of and accounting for such funds, including an annual audit of fiscal records, a copy of which shall be furnished to the South Carolina Commission on Alcohol and Drug Abuse. Section 61-5-370. The provisions of this article shall not be construed as preventing two or more counties from joining together in plans, programs and projects or in designating a single agency to administer multicounty plans required by item (b) of Section 61-5-320.

Section 61-5-380. Funds disbursed pursuant to the provisions of Article 1 of this chapter and this article shall be used only to supplement and increase the level of Federal federal, State state, local and other funding that would in the absence of these funds be made available, and will in no event be used to supplant Federal federal, State state, local and other funds."

SECTION 5. Chapter 7, Title 61 of the 1976 Code is amended to read:

Section 61-7-10. (1) The word `producer' as used in Chapter 3, this chapter and Article 3 of Chapter 13, shall mean a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and shall include an importer of alcoholic liquors engaged in importing such alcoholic liquors into the United States.

(2) `Registered producer' shall mean a producer as herein defined who is registered with the South Carolina Alcoholic Beverage Control Commission commission pursuant to this chapter.

(3) `Producer representative' shall mean a person who is a bona fide citizen of South Carolina and who maintains his principal place of abode in this State and who is registered with the South Carolina Alcoholic Beverage Control Commission commission pursuant to this chapter as the South Carolina representative of a registered producer.

Section 61-7-20. The provisions of this chapter shall be applicable notwithstanding any other provision of law.

Section 61-7-30. The Alcoholic Beverage Control Commission commission shall administer the provisions of this chapter and the division shall enforce the provisions of this chapter.

Section 61-7-40. The Alcoholic Beverage Control Commission commission and the division shall have the power to make such rules and regulations not inconsistent with law deemed necessary for the proper administration and enforcement of this chapter. Such rules and regulations shall have the full force and effect of law.

Section 61-7-50. Any manufacturer licensed under the provisions of Chapter 3, this chapter and Article 3 of Chapter 13, shall be exempt from the provisions of this chapter.

Section 61-7-60. No person other than a registered producer shall ship or move, or cause to be shipped or moved, any alcoholic liquors from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of such brand as herein defined, and it shall be unlawful for any wholesaler in this State to order, purchase or receive any alcoholic beverages from any producer who is not the primary American source of supply for the brand ordered, purchased or received. The term primary American source of supply means the manufacturer, distiller, vintner, winery, or owner of vinous or spirituous beverages at the time same becomes a marketable product, or bottler, or the exclusive agent of any such person, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer.

Section 61-7-70. No alcoholic liquors shall be shipped or moved into South Carolina unless and until each brand of such alcoholic liquors is duly registered with the South Carolina Alcoholic Beverage Control Commission commission in accordance with the provisions of this chapter and regulations of the Alcoholic Beverage Control Commission commission promulgated thereunder.

Section 61-7-80. (A) Every producer shall apply to the commission on forms the commission prescribes for a certificate of registration, which certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within the geographic limits of South Carolina.
(B) Every producer, at the same time application is made for a certificate of registration, shall remit to the commission a fee of two hundred dollars. Where a certificate is applied for on or after March first, the fee is one hundred fifty dollars.
(C) Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-7-90. (A) Every registered producer, before the shipment of alcoholic liquors to a point within the geographic limits of South Carolina, shall obtain from the commission a certificate of registration for each brand of alcoholic liquors intended to be shipped to a point within the geographic limits of this State. The commission shall provide appropriate forms for application for certificate of registration of brands of alcoholic liquors.
(B) When an application for a certificate of registration of brands of alcoholic liquors is submitted a fee of twenty dollars must be paid to the commission for each brand except the first five brands of a registered producer.
(C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to the second August thirty-first after the issuance of the license.

Section 61-7-100. Every registered producer of alcoholic liquors shall, at the time of application for registration in this State, file with the Alcoholic Beverage Control Commission commission an affirmation of corporate policy with regard to sales of all brands owned, controlled, sold, offered for sale, franchised or distributed by such producer in this State. The affirmation shall certify that the producer shall not wilfully sell or offer for sale any alcoholic liquors of a particular brand and proof in any State state in the United States at a price lower than the price such liquors are sold or offered for sale to licensed South Carolina wholesalers.

`Price' as used in this section shall mean platform price at the distillery and shall not include price differentials based on transportation costs, containers or other costs not directly related to the quality and proof of the product concerned. Quantity discount prices for liquors sold to monopoly states or elsewhere shall not be considered to be violations of the producer's affirmation if such discount prices are also offered to South Carolina wholesalers for purchases in the same quantities.

Any registered producer who fails to file such affirmation or wilfully violates the pledges contained therein shall have its registration and privileges to import and sell alcoholic liquors in the State refused, cancelled, or suspended at the discretion of the Alcoholic Beverage Control Commission commission for such periods as the Commission commission may deem necessary and proper.

Any producer may appeal a judgment of the Alcoholic Beverage Control Commission to the circuit court of Richland County Alcoholic Beverage Control Hearing Officer and the commission pursuant to Section 61-1-40.

Section 61-7-110. No person is qualified as a producer representative unless and until he has made application to the Alcoholic Beverage Control Commission commission for a certificate of registration and the certificate has been approved and issued. The commission shall provide appropriate forms for application for a certificate of registration as a producer representative.
Upon submission of an application for a certificate of registration as a producer representative, a fee of fifty dollars must be paid to the commission and is valid for a biennial period.

Section 61-7-120. No person having a direct or indirect interest in a wholesale or retail liquor business in South Carolina may qualify as a producer representative.

Section 61-7-130. (A) A registered producer may store alcoholic liquors only in a warehouse of the registered producer licensed by the commission. The commission shall require sufficient bond with respect to a licensed warehouse to insure ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the commission.

(B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the commission. Where application is made for a warehouse license on or after March first, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first after the issuance of the license.

Section 61-7-140. Alcoholic liquors shall be shipped or moved from a point without South Carolina to a point within the geographic limits of South Carolina only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in South Carolina as common carriers by the South Carolina Public Service Commission, by wholesalers licensed by the South Carolina Alcoholic Beverage Control Tax Commission or by producers registered by such commission in their own trucks. Such alcoholic liquors shall be shipped or moved only to the registered producer in care of the producer representative who is registered to handle the property of the registered producer originating the shipment. The shipment of alcoholic liquors shall be either stored in a duly licensed warehouse of the registered producer or, after delivery to the producer's representative is complete, may then be shipped by common carriers aforementioned, by wholesalers licensed by the South Carolina Alcoholic Beverage Control Tax Commission or by producers registered by such commission in their own trucks to a duly licensed wholesaler. Shipments of alcoholic liquors from a licensed producer's warehouse to a licensed South Carolina wholesaler may be made in a vehicle owned or operated by the wholesaler. Should alcoholic liquors be stored in the warehouse of a registered producer, or after delivery to the producer's representative is complete, they may be shipped to a duly licensed wholesaler or to a point without South Carolina. Prior to any such shipment or transfer, the producer's representative shall apply to the Alcoholic Beverage Control Tax Commission, on forms prescribed by the Alcoholic Beverage Control Tax Commission, for permission to ship or transfer such alcoholic liquors, and the producer's representative shall have received a certificate of approval of such shipment or transfer.

Section 61-7-150. Prior to shipment into the geographic boundaries of South Carolina, the registered producer shall mail to the Alcoholic Beverage Control Commission commission by first-class mail a correct and complete invoice, showing in detail the items in such shipment by quantity, type, brand, size, price, and the point of origin, and the point of destination. Also prior to or at the time of shipment, a copy of the bill of lading shall be forwarded to the Alcoholic Beverage Control Commission commission by first-class mail.

Immediately upon acceptance of delivery of the shipment by the producer's representative, the producer's representative shall furnish the Alcoholic Beverage Control Commission commission with a copy of the invoice covering the shipment with endorsement thereon showing the date, time, and place delivery was accepted.

Section 61-7-160. Prior to shipment to any South Carolina wholesaler or to any point without the State of South Carolina, the producer's representative shall mail to the Alcoholic Beverage Control Commission commission a correct and complete copy of the invoice covering the shipment, showing the name and address of the consignee and, in detail, the items in such shipment by quantity, type, brand, size, and price. On all shipments to a point without South Carolina, the producer's representative shall at the time of shipment mail to the Alcoholic Beverage Control Commission commission a copy of the bill of lading.

Section 61-7-170. Any alcoholic liquors shipped or moved into the geographic limits of South Carolina in violation of any provision of this chapter, are hereby declared contraband and may be seized and sold as provided by Section 61-13-570.

Section 61-7-180. The Alcoholic Beverage Control Commission commission, in its discretion, upon due consideration of the information contained in applications for certificates and licenses provided for in this chapter, shall issue or reject the certificate or license applied for.

Section 61-7-190. Any and all certificates of registration or licenses provided by this chapter may be suspended or revoked by the Alcoholic Beverage Control Commission commission upon a showing of any violation of law or of any regulation of the Alcoholic Beverage Control Commission commission or the division.

Section 61-7-200. In all cases the applicant for a certificate or license required by this chapter, as a condition precedent to the issue of such certificate or license, must certify that the Alcoholic Beverage Control Commission commission and the division shall have the right within statutory limitations to audit and examine the books and records, papers and memoranda of the applicant, with respect to the administration and enforcement of laws administered by the Alcoholic Beverage Control Commission commission and the division.

Section 61-7-210. All moneys monies received by the Alcoholic Beverage Control Commission commission under the provisions of this chapter shall be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-7-300. (a) (A) All alcoholic liquors purchased by military establishments located in the State shall be purchased from wholesalers licensed in this State to sell such liquors. Purchase orders from the military establishment shall be furnished to a licensed wholesaler and the order shall be processed and delivered by the wholesaler as nonmilitary orders are processed and delivered except that delivery shall be made to the military establishment rather than to a licensed retailer.

(b) (B) Alcoholic liquors sold to the military establishment shall be tax free except for the case tax imposed under Sections 12-33-410 and 12-33-420, which tax shall be absorbed by the wholesaler and not passed on to the purchaser.

(c) (C) The Tax Commission and the Alcoholic Beverage Control Commission commission and the division may promulgate regulations necessary to implement the provisions of this section.

(d) (D) Any registered producer who sells alcoholic beverages in violation of this section shall have its certificate of registration, as provided for in Section 61-7-80, suspended for such period as the Alcoholic Beverage Control Commission commission shall determine.

Section 61-7-305. It is unlawful for a wholesale or retail dealer to redeem proof-of-purchase certificates for any promotional item. However, this subsection does not preclude a producer from redeeming by mail proof-of-purchase certificates for nonalcoholic promotional items."

SECTION 6. Chapter 9, Title 61 of the 1976 Code is amended to read:

Section 61-9-10. All beers, ales, porter and other similar malt or fermented beverages containing not in excess of five per cent of alcohol by weight and all wines containing not in excess of twenty-one per cent of alcohol by volume are hereby declared to be nonalcoholic and nonintoxicating beverages.

Section 61-9-20. It shall be unlawful for any person to sell or permit to be sold any beer, ale, porter, wine, malt, or other beverage authorized to be sold under this chapter on which the tax levied be not paid. Any person having charge of the sale of any such beverage who shall sell or permit it to be sold in violation of the provisions of this section shall be guilty of a misdemeanor and shall be fined for each offense not less than twenty-five dollars nor more than one hundred dollars or imprisoned for a period of not less than ten days nor more than thirty days in the discretion of the court.

Section 61-9-30. All beer or wine sold by wholesalers to the holders of retail licenses in this State shall be sold for cash only at the time of delivery or prior thereto. Cash shall mean money or a bona fide check or money order. Any holder of a retail permit who issues a check in payment for beer or wine with insufficient funds at the bank to cover it shall have violated the provision of this section. This provision for cash payment shall apply to cash deposits on empties when beer is delivered in returnable containers. This deposit shall be not less than the charge from the brewery to the wholesaler and in no event less than sixty cents per case of twenty-four twelve-ounce bottles or twelve one-quart bottles.

Section 61-9-40. (A) It is unlawful for any person to sell beer, ale, porter, wine, or any other similar malt or fermented beverage to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age. Any person making such unlawful sale must be, upon conviction, fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.

(B) Failure of any person to require identification to verify a person's age is prima facie evidence of the violation of this section.

Section 61-9-50. It shall be unlawful for any person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine.

Section 61-9-60. It shall be unlawful for any person to purchase beer or wine while on licensed premises and to give such beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on such premises.

Section 61-9-70. Any person violating the provisions of Sections 61-9-50 and 61-9-60 shall, upon conviction, be fined not less than fifty nor more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-9-85. If a person is charged with a violation of Section 61-9-40 (the unlawful sale of beer or wine to minors), the minor shall also be charged with a violation of Section 20-7-370 (unlawful purchase or possession of beer or wine). In addition, if the minor violated Section 61-9-50 (false information as to age) or if an adult violated Section 61-9-60 (unlawful purchase of beer or wine for a person who cannot lawfully buy), these persons shall also be charged with their violations.

Unless the provisions of this section are followed, no person charged with a violation of Section 61-9-40 shall be convicted of such offense.

Nothing herein contained shall require that charges, once made pursuant to this section, be prosecuted to conclusion, but rather this determination shall be made in the manner provided by law.

Section 61-9-87. It shall be unlawful for any person to have in his possession any beer or wine in an open container in a moving vehicle of any kind, licensed to travel in this State or any other state, that may travel upon the public highways of this State, except in the trunk or luggage compartment. This section shall not be construed to prohibit transporting beer or wine in a closed container. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned not more than thirty days.

Section 61-9-90. It shall be unlawful for any person to sell or offer for sale any wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning; provided, however, that any establishment licensed pursuant to Sections 61-5-10 to 61-5-160 shall be authorized to sell such products during those hours in which the sale of alcoholic beverages in containers of two ounces or less is lawful. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars or be imprisoned for not exceeding thirty days. The right of any person to sell wine and beer in this State at any time under a license issued by the State shall be forfeited and the license revoked upon his conviction of violating the provisions of this section. Municipal ordinances in conflict herewith shall be unenforceable.

Section 61-9-100. If any beer or wine is sold or delivered to anyone from any place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning, all beer and wine found within the said place of business is hereby declared contraband and shall be seized by any peace officer and handled as contraband liquor. Provided, that the person owning or claiming such beer or wine may retain possession of it by delivering to the peace officer a cash bond in an amount equal to the cost price of the beer or wine. The cost price shall not be less than the average price charged for a like quantity of beer or wine by a licensed wholesaler. The peace officer receiving the bond shall deliver a written receipt to the person posting the bond. If the peace officer is a representative of the Alcoholic Beverage Control Commission division, the cash bond shall be deposited in the State Treasury. If the peace officer is a representative of a municipality, the cash bond shall be deposited in the treasury of the municipality. In all other cases, the cash bond shall be deposited in the treasury of the county in which the beer or wine was located when declared contraband. If the Alcoholic Beverage Control Commission commission or court shall determine that the person charged with the violation which required the posting of a bond was not guilty of the offense charged, the bond shall be returned to the person posting such bond. If the person so charged shall be found guilty, the bond shall be forfeited to the State, county or municipality, as the case may be. The licensee shall have a right to appeal to the circuit court, any final order of the Alcoholic Beverage Control Commission or inferior court, within ten days of the date of such order any decision of the Alcoholic Beverage Control Hearing Officer and the commission pursuant to Section 61-1-40.

Section 61-9-110. Any person who drinks beer or wine or possesses beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at any place licensed to sell beer or wine shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Section 61-9-120. If any beer or wine is sold to anyone by a person who does not have a valid license to make such a sale, all beer and wine found on the premises of such person is hereby declared contraband and shall be seized by any peace officer and handled as contraband liquor.

Section 61-9-130. It shall be unlawful for any person to sell or offer for sale any wine or beer within any county of this State having a population as shown by the sixteenth census of the United States, commonly known as the census of 1940, of more than seventeen thousand five hundred and less than eighteen thousand five hundred, between the hours of eleven o'clock P. M. Saturday night and sunrise Monday morning.

Any person violating the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days.

Section 61-9-140. If any penalty imposed by this chapter remains due and unpaid for a period of ten days, the Commission commission shall issue a warrant under its bond and official seal in accordance with Article 1 of Chapter 53 of Title 12.

Section 61-9-170. Notwithstanding any other provision of law, a holder of a retail permit to sell beer and wine may transfer beer and wine to other businesses. For this transfer to be lawful, all businesses involved in the transfer must hold a retail beer and wine permit issued to the same individual, partnership, or corporation. In addition, a particular brand of beer may be transferred only between retail outlets located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the commission pursuant to Section 61-9-1100. Transfers of beer and wine between retail beer and wine locations in a manner not authorized by this section, purchase of beer or wine by a retailer from another retailer for the purpose of resale, and sale of beer or wine by a retailer to a retailer for the purpose of resale are unlawful. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars.

Section 61-9-210. `Producer' as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States.

Section 61-9-220. Every producer shall apply to the commission on the forms the commission may prescribe for a certificate of registration, which certificate must be approved and issued before the shipment of beer or wine by the producer to a point within the geographic limits of South Carolina. Every producer, at the same time application is made for a certificate of registration, shall remit to the commission a fee of two hundred dollars. Every certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine wholesalers shall purchase only beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the commission. Nothing in this section or Section 61-9-315 prevents the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in South Carolina to distribute the same brand or brands of wine, beer, or ale.

Section 61-9-230. The commission, in its discretion, upon consideration of the information contained in applications for certificates provided for in this article, shall issue or reject the application.

Section 61-9-240. Certificates of registration provided for in this article may be suspended or revoked by the commission upon a showing of a violation of law or of a regulation of the commission.

Section 61-9-250. The commission and the division have has the right within statutory limitations to audit and examine the books and records, papers, and memoranda of a producer with respect to the administration and enforcement of laws administered by the commission and the division. Section 61-9-260. Any beer or wine shipped or moved into the geographic limits of South Carolina in violation of a provision of this chapter is declared contraband and may be seized and sold as provided in Section 61-13-570.

Section 61-9-270. The commission shall administer the provisions of this chapter and the division shall enforce the provisions of this article.

Section 61-9-280. The commission and the division may make the regulations, not inconsistent with law, that are necessary for the proper administration and enforcement of this article.

Section 61-9-290. All monies received by the commission or the division under the provisions of this chapter must be deposited with the State Treasurer to the credit of the general fund of the State.

Section 61-9-310. (A) Every person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-9-10 shall apply to the commission for a permit to sell these beverages. Each applicant shall pay a filing fee of two hundred dollars which is not refundable. Retail dealers shall pay to the commission four hundred dollars biennially for retail permits, and wholesale dealers shall pay to the commission two thousand dollars biennially for wholesale permits. Separate permits are required for each separate place of business.

(B) All permits issued under this chapter expire biennially according to the county where the place of business is situated. The expiration dates are:

(1) the last day of February in years which end in an:

(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley counties;

(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg counties;

(2) the last day of May in years which end in an:

(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry counties;

(b) even number for Lancaster, Marion, Marlboro, Union, and York counties;

(3) the last day of August in years which end in an:

(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter counties;

(b) even number for Richland County;

(4) the last day of November in years which end in an:

(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood counties;

(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg counties.

(C)(1) Permittees in Abbeville, Aiken, Anderson, Calhoun, Edgefield, Greenville, Greenwood, Kershaw, Lee, Orangeburg, and Sumter shall obtain a one-year permit in 1992. Beginning in 1993 these permittees shall obtain a biennial permit.

(2) Permittees in Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, Lancaster, Marion, Marlboro, Union, Williamsburg, and York counties whose permit expires in 1993 shall obtain a one-year permit. Beginning in 1994, these permittees shall obtain a biennial permit.

(3) Permittees in counties not provided in item (1) or (2) whose permit expires in 1992 or 1993 shall obtain a biennial permit upon their first permit renewal or registration after June 30, 1992.

(D) The commission shall prorate permit fees for permit years 1992-94 according to the length of time the permit is valid.

Section 61-9-315. (A) A manufacturer or brewer of beer, ale, porter, or other malt beverages or any person who imports these products produced outside the United States shall not sell, barter, exchange, transfer, or deliver for resale any beer to any person not having a wholesale permit granted under Section 61-9-310, and a holder of a wholesale permit shall not sell, barter, exchange, transfer, or deliver for resale any beer to any person not having a retail or wholesale permit.

(B) A manufacturer, brewer, importer, or wholesaler of beer, or anyone acting on their behalf, shall not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free beer, or service.

(C) Notwithstanding subsection (B), a wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler may also furnish the following services to a retailer: cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays.

(D) The holder of a retail permit, or anyone acting on his behalf, shall not accept, directly or indirectly, any equipment, fixtures, free beer, or service referred to in subsection (B) from a manufacturer, brewer, importer, or wholesaler of beer except as provided in subsection (C).

(E) A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. Any person or entity in the beer business on one tier, or anyone acting directly or indirectly on his behalf, shall not have any ownership or financial interest in the beer business operation on another tier. This limitation does not apply to the interest held on July 1, 1980, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated.

(F) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases provided that all discounts must be on price only, must appear on the sales records, and must be available to all customers.

(G) No person or entity in the beer business on one tier may require any person or entity in such business on another tier to advertise or participate in a discount or special promotional.

Section 61-9-320. No permit authorizing the sale of beer or wine may be issued unless:

(1) The applicant, any partner or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises, are of good moral character.

(2) The retail applicant is a citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year before the date of application.

(3) The wholesale applicant is a citizen of this State for at least one year before the date of application and has maintained his principal place of abode in South Carolina for at least one year before the date of application or has been licensed previously under the laws of this State.

(4) The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.

(5) The applicant is twenty-one years of age or older.

(6) The location of the proposed place of business of the applicant is in the opinion of the Alcoholic Beverage Control Commission commission a proper one. The commission may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before its effective date.

(7) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The commission shall determine which newspapers meet the requirements of this section based on available circulation figures. However, if a newspaper is published within the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. Applicants for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if it is approved by the commission.

(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:

(a) state the type of permit sought;

(b) tell an interested person where to protest the application;

(c) be in bold type;

(d) cover a space at least eleven inches wide and eight and one-half inches high;

(e) be posted and removed by an agent of the commission.

Section 61-9-330. In considering an application for a permit for the sale of beer or wine at a location within five miles of a political subdivision of a foreign state in which the sale of beer or wine is prohibited, the Alcoholic Beverage Control Commission commission shall, in addition to the factors now required to be considered, take into account the proximity of the location to the prohibited area, the likelihood that large crowds will gather from time to time with attendant breaches of the peace, the requirement of increased law enforcement officers, and any other factor which in its judgment should rightfully be considered, before issuing the permit.

These special considerations, however, shall not apply where the application is made with respect to a location within the corporate limits of a municipality.

Section 61-9-340. When upon the filing of a verified application with the Alcoholic Beverage Control Commission commission it is shown that the foregoing qualifications and conditions are met and when upon investigation of the Commission division it is determined by the Commission commission that the applicant is a fit person to sell beer or wine and that the location of the proposed place of business is a proper one, the Commission commission shall issue a permit to such applicant to sell beer or wine on the premises described in the application upon the payment of the fee prescribed by law. Any misstatement or concealment of fact in an application shall be a sufficient ground for the revocation of the permit issued by reason of such application.

The Commission commission may, in those cases where it deems necessary, require an applicant to post a cash bond or surety bond with a bonding company approved by the State Insurance Commission, as an additional condition for a permit. The bond shall be in such amount as may be determined by the Tax Commission and shall be subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine.

Section 61-9-360. The Commission commission may issue permits running for a period not exceeding fifteen days for a fee of ten dollars per day. Such special permits shall be issued only for locations at fairs and special functions.

Section 61-9-380. In addition to the penalties provided herein, the Commission commission may revoke the permit of any person failing to comply with any or all of the requirements hereof.

Section 61-9-390. Any dealer, wholesale or retail, failing to secure a permit required in this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars or imprisonment not less than ten days nor more than thirty days, in the discretion of the court. Each day that such business is carried on without a permit shall constitute a separate offense.

Section 61-9-400. Notwithstanding any other provisions of law, any establishment that holds a valid beer and wine license and license to sell alcoholic beverages in containers of two ounces or less, may sell wine which is not in excess of twenty-one percent of alcohol by volume as defined in Section 61-9-10, to be consumed on the premises.

Section 61-9-410. No holder of a permit authorizing the sale of beer or wine or any servant, agent, or employee of the permittee shall knowingly do any of the following acts upon the licensed premises covered by the holder's permit:

(1) sell beer or wine to a person under twenty years of age and effective September 14, 1986, under twenty-one years of age;

(2) sell beer or wine to any person while the person is in an intoxicated condition;

(3) permit gambling or games of chance;

(4) permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;

(5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; or

(6) sell, offer for sale, or possess any beverage or alcoholic liquor the sale or possession of which is prohibited on the licensed premises under the law of this State.

A violation of any of the foregoing provisions is a ground for the revocation or suspension of the holder's permit.

Section 61-9-420. The Alcoholic Beverage Control Commission commission shall have jurisdiction of any proceedings brought for the revocation or suspension of permits authorizing the sale of beer or wine. The Commission commission may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the six preceding months in the community in which the licensed premises are located or by any local peace officer, all of whom are hereby charged with the duty of reporting immediately to the Commission commission any violation of the provisions of Section 61-9-410 hereof, institute proceedings to revoke or suspend any such permit after a hearing at which the permittee shall be given an opportunity to be heard. Such hearing shall be held in such manner and upon such notice as may be prescribed by rules of the Commission commission. The judgment of the Commission hearing officer or the commission revoking or suspending such permit shall not be superseded or stayed during the pendency of an appeal therefrom.

Section 61-9-430. Upon the revocation, cancellation or suspension of a license or permit to sell beer or wine, at wholesale or retail, the licensee shall immediately surrender his license to the Alcoholic Beverage Control Commission commission.

Section 61-9-440. It shall be unlawful for any licensee, or any holder of a license to sell beer or wine at wholesale or retail, to sell or offer to sell beer or wine after such license shall have been revoked or cancelled or during the period of a suspension of such license.

Section 61-9-450. Any person violating any of the provisions of Sections 61-9-430 or 61-9-440 shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and such imprisonment, in the discretion of the court.

Section 61-9-610. Regulation No. 4 of the Treasury Department, Federal Alcohol Administration Division, relating to `Labeling and Advertising of Wine', is hereby adopted for the labeling and advertising of wine sold or offered for sale in this State, except in so far insofar as the same shall differ from existing laws of the State or from any regulations adopted by the South Carolina Alcoholic Beverage Control Commission commission.

Section 61-9-615. Notwithstanding any other provision of law, any licensed winery in this State which produces and sells only domestic wine as defined in Section 12-21-1010 is authorized to sell such domestic wine with an alcoholic content of fourteen percent or less on the winery premises and deliver or ship such wine to consumer homes within or without the State. Such domestic wineries are further authorized to provide without cost wine taste samples to prospective customers.

Section 61-9-617. Permitted wineries which produce and sell only domestic wine as defined in Section 12-21-1010 may sell the wine at retail, wholesale, or both, and deliver or ship the wine to the purchaser in South Carolina. Domestic wine must be delivered between 7:00 a.m. and 7:00 p.m.

Section 61-9-620. It shall be unlawful for any person to import, sell or offer for sale in this State wines of which the labels, standards, or identity do not conform to the provisions of said Regulation No. 4. Imitation, concentrate and substandard wines, as defined in said Regulation No. 4, are hereby prohibited from sale in this State.

Section 61-9-625. No person other than a registered producer may ship or move, or cause to be shipped or moved, any beer, ale, porter, malt beverage, or wine from a point outside South Carolina to a point within the geographic limits of South Carolina, and then only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined, and it is unlawful for any wholesaler in this State to order, purchase, or receive any beer, ale, porter, malt beverage, or wine from any producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term primary American source of supply means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, or bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section do not apply to any person who produces beer, ale, porter, malt beverage, or wine solely in this State and who subsequently ships or sells this beer, ale, porter, malt beverage, or wine solely in this State.

Section 61-9-626. An individual may order wine produced outside this State, which has not been approved or licensed for sale or distribution in this State, from an in-state wholesaler by placing a special order for this wine with the out-of-state winery. The wine may then be shipped by the winery to that wholesaler who, after paying or affixing the necessary taxes or tax stamps, is authorized to sell this wine to that individual through a licensed retailer.

Section 61-9-630. The importation into, offering for sale or sale in this State of any product as `wine' to which any substance shall have been added, except as permitted by Federal federal law and regulations and except pure fruit or vegetable products derived from the same kind of fruit or vegetable from the juice of which the wine was fermented, is hereby prohibited and declared to be a misdemeanor.

Section 61-9-640. The Alcoholic Beverage Control Commission division shall provide for the inspection of all wines imported into or offered for sale in this State, the expense thereof to be paid from the proceeds of the wine tax. The Commission commission may also make regulations as to the containers in which wine may be sold at retail and to declare to be `undesirable wine packages' any wine sold in a container prohibited in such regulations or any wine the sale of which is prohibited in Sections 61-9-620 or 61-9-630. The offering for sale or sale in this State of any undesirable wine packages, as declared by the Commission commission, under this section, is hereby prohibited and declared to be a misdemeanor.

Section 61-9-650. Any person who shall violate any provision of this article or any rule or regulation promulgated by the Alcoholic Beverage Control Commission commission or the division under the authority of this article shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than six months, or both such fine and imprisonment, in the discretion of the court. Any person convicted of violating any of the provisions of this article or any rules or regulations of the Alcoholic Beverage Control Commission commission or the division made under authority of this article shall forfeit his permit to sell wine and shall not thereafter for a period of two years be permitted to engage in any business taxable under the provisions of this chapter.

Section 61-9-810. No person holding a retail permit to sell beer, ale, porter and other similar malt or fermented beverages, issued by the South Carolina Alcoholic Beverage Control Commission commission, shall sell such beverages on draft, on tap or from kegs or other containers on the premises described in the permit, 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 61-9-820. Both the permit issued by the Alcoholic Beverage Control Commission commission and the certificate of approval issued by the Department of Health and Environmental Control shall be conspicuously posted on the premises.

Section 61-9-830. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment not less than ten days nor more than thirty days, at the discretion of the court.

Section 61-9-840. In addition to the above penalty, the Alcoholic Beverage Control Commission commission, within its discretion, shall have the right to revoke or suspend any retail permit for any violation of this article.

Section 61-9-850. The South Carolina Alcoholic Beverage Control Commission commission and the division shall make and promulgate such rules and regulations as are necessary to carry out enforcement of the beer and wine laws in respect to application for and issuing of beer licenses, permits or brewers' certificates of approval and also make any rules necessary concerning the manner of sale, distribution, promotion and shipment of beer into and within the State. These rules and regulations shall have full force and effect of law. The Commission commission shall revoke or suspend the license, permit or brewers' certificate of approval of any person for the violation of any rule or regulation which may be enacted or invoke a penalty, not to exceed the sum of one hundred dollars, for each violation.

Section 61-9-860. It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer provided that a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates.

Section 61-9-1010. (1) It shall be unlawful for any producer holding a certificate of registration from the South Carolina Tax Commission commission (hereinafter called a registered producer) or any officer, agent, or representative of any registered producer:

(a) To to coerce, or attempt to coerce, or persuade, any person holding a permit to sell beer, ale, porter, and other similar malt or fermented beverages at wholesale (hereinafter referred to as a beer wholesaler) to enter into any agreement to take any action which would violate any provision of this article or any ruling or regulation promulgated pursuant to law in accordance therewith; or

(b) To to unfairly, without due regard to the equities of such beer wholesaler, or without just cause or provocation, to cancel or terminate any agreement or contract, written or oral, or franchise, or any contractual franchise relationship of such wholesaler existing on May 1, 1974 or thereafter entered into, to sell beer manufactured by the registered producer; provided, also, that this provision shall be a part of any contractual franchise relationship, whether written or oral, between any beer wholesaler and any registered producer doing business with such beer wholesaler, just as though such provision had been specifically agreed upon between such beer wholesaler and such registered producer; provided, further, however, notice of intention to cancel such agreement or contract, written or oral, or franchise or contractual franchise relationship shall be given in writing at least sixty days prior to the date of such proposed cancellation or termination. Such notice shall contain (i) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, or franchise or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation.

(2) It shall be unlawful for any beer wholesaler:

(a) To to enter into an agreement or take any action which would violate or tend to violate any provision of this article or any ruling promulgated pursuant to law in accordance therewith; or

(b) To to unfairly, without due regard for the equities of a registered producer, or without just cause or provocation, to cancel or terminate any agreement or contract, written or oral, or franchise or any contractual franchise relationship of such registered producer existing on May 1, 1974 or thereafter entered into, to sell beer manufactured by the registered producer; provided, that this provision shall become a part of any contractual franchise relationship, whether written or oral, between any beer wholesaler and any registered producer doing business with such beer wholesaler, just as though such provision had been specifically agreed upon between such beer wholesaler and such registered producer; provided, further, however, notice of intention to cancel such agreement or contract, written or oral, or franchise or contractual franchise relationship shall be given in writing at least sixty days prior to the date of such proposed cancellation or termination. Such notice shall contain (i) assurance that the agreement or contract, written or oral, or franchise or contractual franchise relationship is being terminated in good faith and for material violation of one or more provisions which are relevant to the effective operation of the agreement, or contract, written or oral, or franchise or contractual franchise relationship, if any, and (ii) a list of the specific reasons for the termination or cancellation.

(c) To to refuse to sell to any licensed retail dealer whose place of business is within the geographical limits specified in any distributorship agreement between the beer wholesaler and the registered producer for the brands involved.

(d) To to store or warehouse any beer or other malt beverages to be sold in the State of South Carolina in any warehouse located outside of the State of South Carolina.

Section 61-9-1020. If a registered producer and a beer wholesaler licensed by the State at the time that they were engaged in the shipment and receipt of any malt beverages intended for sale within the State of South Carolina on May 1, 1974, and such shipment and receipt shall be continued until April 1, 1974, the limitations on the cancellation or termination of any agreement or contract, written or oral, or franchise, or any contractual franchise relationship provided in Section 61-9-1010(1)(b) and in Section 61-9-1010(2)(b) above shall be applicable with respect to such shipment and receipt of such malt beverages so that neither the registered producer nor the beer wholesaler shall have the right to discontinue such shipment and receipt except under the conditions specified in those subsections.

Section 61-9-1030. The court of common pleas is hereby vested with jurisdiction and power to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered producer, at the application of such beer wholesaler or producer who is or might be adversely affected by such cancellation or termination, and, in granting an injunction the court shall make such provisions as might be necessary to protect such beer wholesaler or registered producer while such injunction is in effect, including but not limited to a provision that such registered producer shall not supply the customers of such beer wholesaler by servicing such customers through other distributors or means or a provision that such beer wholesaler shall continue to supply to his customers the products of the registered producer. Application may be made by the beer wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond to be posted on the part of the party seeking such injunction, securing the party enjoined for such damages and in such amount as to the court may appear proper.

Section 61-9-1040. (1) Except as hereinafter provided, any proposed sale of an interest in the business carried on by any beer wholesaler which under the laws of this State would require that the purchaser obtain a permit to operate as a beer wholesaler shall be subject to the approval of the purchaser by the Alcoholic Beverage Control Commission commission as an applicant for a permit authorizing the sale of beer. If the application of such prospective purchaser for such permit is approved, it shall be unlawful, notwithstanding the terms, provisions or conditions of any contract, written or oral, or the franchise agreement between such beer wholesaler and the registered producer, for any registered producer to fail or refuse to approve the aforedescribed transfer or change of ownership; provided, further, that in the case of any proposed sale with respect to which the purchaser has been approved by the Alcoholic Beverage Control Commission commission, the registered producer shall have the right to require that the interest in the business carried on by the beer wholesaler be transferred to the registered producer upon the same terms and conditions as such interest would have been transferred to the prospective purchaser. If the registered producer shall not, within sixty days after receipt of notification by certified mail of such proposed sale, notify the beer wholesaler by certified mail of the exercise of such right by the registered producers, such right may not thereafter be exercised.

(2) Except as hereinafter provided, any proposed voluntary transfer of an interest in the business carried on by any beer wholesaler or any transfer of ownership in such business by death shall be subject to the approval of the prospective transferee by the registered producer. Such approval shall not be unreasonably withheld. If notice of disapproval of such prospective transferee shall not be given by certified mail by the registered producer within sixty days after receipt of notification of such proposed voluntary transfer or within sixty days after the death of the owner of the interest, such right of disapproval may not thereafter be exercised. In the event that such right of disapproval is exercised by the registered producer, the registered producer shall, within sixty days thereafter, pay to the prospective transferee the fair market value of the interest in the business proposed to be transferred. In the event that agreements cannot be reached between the registered producer and the transferee within such period, the registered producer shall be deemed to have acquired the interest proposed to be transferred and shall pay the prospective transferee the value of such interest. The value of such interest shall be determined by an appraiser appointed by the prospective transferee and an appraiser appointed by the registered producer. If such two appraisers cannot agree upon the value, the court of common pleas for the county in which the principal place of business of the beer wholesaler is located shall appoint a disinterested person as a third appraiser. Such appointment shall be made as soon as practicable. The prospective transferee and the registered producer shall each have the right within sixty days to appeal to the court of common pleas or any other court of competent jurisdiction in the county in which the principal place of business of the beer wholesaler is located from the determination of the price to be paid.

Section 61-9-1050. The Alcoholic Beverage Control Commission division is empowered to investigate any violations of this article and to furnish to the prosecuting attorney of any court having jurisdiction of the offense information with respect to any violations of this article. The Alcoholic Beverage Control Commission division shall have the power to enforce compliance with the provisions of any injunction granted by the court under the terms of this article, and, if the court finds that there has been a violation of the provisions of any injunction granted by it, the Alcoholic Beverage Control Commission commission may revoke or suspend the permit of any beer wholesaler and the South Carolina Alcoholic Beverage Control Commission may revoke the registration of any registered producer and its right to ship beer into the State of South Carolina.

Section 61-9-1100. Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution and to promote the public's interest in fair and efficient distribution of beer, ale, porter, and other similar malt or fermented beverages, and to assure the public's interest in uniform and effective control of the distribution of such beverage products within the State, a wholesaler may sell any brand of such beverage products in this State only in the territory described in a distribution agreement filed pursuant to this article authorizing sale by the wholesaler of the brand within that designated area. Within that designated area the wholesaler shall service all holders of retail permits without discrimination. The distribution agreement must be in writing, must specify the brands it covers, and must be filed with the Alcoholic Beverage Control Commission hereinafter referred to in this article as the Commission commission. If a brewer sells several brands, the agreement need not apply to all brands sold by the brewer and may apply to only one brand. No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or any part of the designated territory. A wholesaler may, however, service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when so requested by the brewer and the wholesaler whose service is temporarily interrupted with the approval of the Commission commission.

Section 61-9-1110. Each wholesaler must file a copy of its distribution agreement with the Commission commission within sixty days following the effective date of this article and any amendments thereto must be filed within sixty days after adoption.

Section 61-9-1120. No provision of any distribution agreement may expressly, by implication, or in its operation, establish or maintain the resale price of any brand of such beverage products by a wholesaler.

Section 61-9-1210. Any person may construct, maintain or operate any brewery or winery within this State for the production of any of the beverages legalized under this chapter.

Section 61-9-1220. A person desiring to construct, maintain, or operate a brewery or winery under this article first shall apply to the Alcoholic Beverage Control Commission commission for a permit. The application must be in writing in a form the commission may prescribe. The applicant is subject to the payment of a biennial permit tax upon each brewery and on each commercial winery to be established and operated of two hundred dollars which must be paid to and collected by the Tax Commission commission before a permit is issued. However, the owner and operator of a winery who consumes in the operation only the fruits produced on his own farm or premises is subject to the payment of a permit fee of only ten dollars biennially. The permit expires December biennially. The fees charged for permits for the operation of breweries and wineries must be prorated by reducing the permit cost by one-eighth January 1, April 1, July 1, and October 1 each year. A brewer or commercial wine manufacturer commencing business during one of these intervals shall pay for the eighth of the permit period in which business is commenced and for the eighth of the permit period during the remainder of the period, but no refund may be made to a dealer who ceases business after securing a permit.

Section 61-9-1230. All wines and brewed products referred to in this article shall be stamped by the manufacturer or producer in the manner provided by law for paying the tax on soft drinks and at the rates provided in Article 7 of Chapter 21 of Title 12. But a manufacturer or producer of beer or wine shall not be required to affix the tax-paid crowns or stamps to beer and wine intended to be sold outside this State.

Section 61-9-1240. The Alcoholic Beverage Control Commission commission and the division shall make rules and regulations for the operation of breweries and commercial wineries authorized under this article. Such rules and regulations after they are reduced to writing, filed with the Secretary of State as required by law and mailed or otherwise delivered to a person operating a brewery or winery shall have the force and effect of law and upon violation of any such rules and regulations the license or permit provided for herein shall be forthwith canceled and become null and void.

Section 61-9-1250. Any person operating a brewery or winery without having secured a permit from the Commission commission or after his permit has been canceled by the Commission commission shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one hundred dollars nor more than five thousand dollars or imprisoned not more than one year, either or both.

Section 61-9-1260. For the purpose of administration and enforcement of this article so much of Chapter 21 of Title 12, wherever applicable, is hereby adopted and made a part hereof.

Section 61-9-1270. (a) All beer and wine purchased by military establishments located in the State shall be purchased from wholesalers licensed in this State to sell such beer and wine. Purchase orders from the military establishments shall be furnished to a licensed wholesaler and the orders shall be processed and delivered by the wholesaler as nonmilitary orders are processed and delivered except that the delivery shall be made to the military establishments rather than to a licensed retailer.

(b) Beer and wine sold to the military establishments shall be exempt from state beer and wine taxes.

(c) The Tax Commission and the Alcoholic Beverage Control Commission commission and the division may promulgate regulations necessary to implement the provisions of this section.

(d) Any registered producer who sells beer and wine in violation of this section shall have its certificate of registration, as provided for in Section 12-21-1510, suspended for such period as the Alcoholic Beverage Control Commission commission shall determine."

SECTION 7. Section 61-13-295 of the 1976 Code is amended to read:

"Section 61-13-295. If any permittee or licensee, or servant, agent, or employee of the permittee or licensee pleads guilty or nolo contendere to, or is convicted of any criminal offense which occurred on the licensed premises, the conviction or plea constitutes proof that the offense occurred and the record thereof is admissible in an administrative proceeding before the commission or the Alcoholic Beverage Control Hearing Officer."

SECTION 8. Section 61-13-410 of the 1976 Code is amended to read:

"Section 61-13-410. Any person who, upon demand of any officer or agent of the Alcoholic Beverage Control Commission division, refuses to allow full inspection of the premises or any part of it which is licensed to sell alcoholic liquors or beer or wine, or refuses to allow full inspection of the stocks and invoices of the licensee or who hinders or in any way hinders or prevents the inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for a period not exceeding sixty days, or both."

SECTION 9. Section 61-13-500 of the 1976 Code is amended to read:

"Section 61-13-500. A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere, under the provisions of this article, except Section 61-13-360, shall automatically revoke any beer, wine, or liquor license which this State may have at any time issued to the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere; however, as an alternative to the revocation of any beer, wine, or liquor license, as above provided, the Alcoholic Beverage Control Commission commission may in its discretion impose a monetary penalty in lieu of the revocation.

For the first offense, the license shall either be revoked for a period of one year, or the licensee shall pay a penalty to the Alcoholic Beverage Control Commission commission in the sum of two hundred fifty dollars. In the event of a subsequent offense, the offender's license or licenses shall be revoked for a period of two years, or the licensee shall pay a penalty in the sum of five hundred dollars to the Alcoholic Beverage Control Commission commission. In the event that the Alcoholic Beverage Control Commission commission exercises its right to impose the monetary penalty provided for herein in lieu of a revocation of a license and if, for any reason, the penalty is not paid within ten days of demand by the Alcoholic Beverage Control Commission commission, the license or licenses shall be automatically revoked as herein provided.

If the party convicted, pleading guilty, forfeiting bond or pleading nolo contendere does not possess a license to sell beer or liquor, in the event of his first offense, he shall not be eligible for the issuance of such a license for a period of one year. In the event of a subsequent offense, he shall not be eligible for the issuance of such a license for a period of two years."

SECTION 10. Section 61-13-510 of the 1976 Code is amended to read:

"Section 61-13-510. For all violations of Chapters 3, 7, 9 and 13 of this Title, or of Chapter 21 or 33 of Title 12, and for any violation of any regulation promulgated by the Alcoholic Beverage Control Commission commission or the division pertaining to beer, wine, or liquor, the Alcoholic Beverage Control Commission commission may, in its discretion, impose a monetary penalty upon the holder of any beer, wine or liquor license in lieu of suspension or revocation thereof.

In such cases the amount of penalty imposed, if any, shall be determined within the limits prescribed hereafter in each case by the Alcoholic Beverage Control Commission commission after a hearing as provided in Sections 61-3-770 or 61-9-420. For any of such violations retail beer and wine licensees shall be subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars. Wholesale beer and wine licensees and retail liquor licensees shall be subject to a penalty of not less than one hundred dollars nor more than one thousand five hundred dollars and wholesale liquor licensees shall be subject to a penalty of not less than five hundred dollars nor more than five thousand dollars. In the event the Alcoholic Beverage Control Commission commission imposes a monetary penalty; as provided above, and if, for any reason, the penalty is not paid within ten days after demand thereof by the Alcoholic Beverage Control Commission commission, such license or licenses may be suspended or revoked by the Alcoholic Beverage Control Commission commission."

SECTION 11. Section 61-13-570 of the 1976 Code is amended to read:

"Section 61-13-570. Any alcoholic liquors seized by the Tax Commission or commission, its agents, or by the division shall be sold by the Tax Commission commission at public auction to the highest bidder after due advertisement and the proceeds of such sale shall be turned over to the State Treasurer, as other funds collected by the Tax Commission commission, after first paying the cost of confiscation and sale. Any alcoholic liquors seized by any peace officer, except the Tax Commission or commission, its duly authorized agents, or by the division, shall be delivered to the sheriff of the county in which such seizure is made and the sheriff shall take possession of such alcoholic liquors so seized for sale at public auction to the highest bidder after due advertisement. The proceeds of such sale, after payment of the costs of confiscation and sale, shall be immediately turned over to the treasurer of the county in which the seizure was made; provided, however, that when municipal officers make such seizure, the chief of police shall take possession of such alcoholic liquors so seized for sale at public auction to the highest bidder after advertisement, and the proceeds of such sale, after payment of costs of confiscation and sale, shall be turned over to the treasurer of the municipality in which the seizure was made. No sale of alcoholic liquors seized and sold in accordance with the provisions of this section shall be made to any person other than a duly licensed manufacturer, wholesaler or retail dealer; and all such goods so seized shall, before delivery to any purchaser, be stamped by such purchaser with the proper amount of stamps on each individual package."

SECTION 12. Section 61-13-750 of the 1976 Code is amended to read:

"Section 61-13-750. The sheriff of each county shall, upon seizure of or delivery to him of any chattel seized under the provisions of this article, report the seizure of such chattel to the South Carolina Alcoholic Beverage Control Commission commission, setting forth in such report a description of the chattel, the name of the owner, if known, the grounds upon which the chattel has been seized, by whom it was seized, and the appraised value thereof, if such appraisal has been made. Each sheriff shall likewise, after the chattel has been sold or disposed of in accordance with the provisions of this article, make a report to the Commission commission, setting forth the amount of such sale, the purchaser, the disposition of the proceeds, or whatever disposition has been made of the chattel by the sheriff pursuant to an order of court.

The Commission commission shall establish a system for the filing and recording of such reports made to it."

SECTION 13. Section 61-13-810 of the 1976 Code is amended to read:

"Section 61-13-810. It shall be unlawful for any person, with or without a beer or wine permit, to sell or to offer for sale any beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having any alcoholic content, when such beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. Violation of this section shall be a misdemeanor and shall be punishable in the discretion of the court. In addition, such drinks are hereby declared contraband and shall be seized by any duly authorized agent of the South Carolina Alcoholic Beverage Control Commission or inspector of the division, or by any peace officer, and shall be disposed of in like manner as is provided by law for the disposition of illegal alcoholic liquors."

SECTION 14. Section 61-13-835 of the 1976 Code is amended to read:

"Section 61-13-835. There shall be one official summons which shall be used by all South Carolina Alcoholic Beverage Control Commission Agents agents and inspectors of the division when making arrests for violations of the laws and regulations governing alcoholic beverages, beer, and wine when the offenses are punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days. The form of the summons shall be prescribed by the commission division and it shall be responsible for printing the forms."

SECTION 15. Section 61-13-836 of the 1976 Code is amended to read:

"Section 61-13-836. When any person is charged by an agent of the South Carolina Alcoholic Beverage Control Commission or inspector of the division with a criminal offense punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, the person charged, upon being served with the official summons issued by the agent or inspector, shall appear before the proper judicial officer at the time and place stated in the summons. The service of the summons shall vest the court with jurisdiction to hear and dispose of the charge for which the summons was issued."

SECTION 16. Section 61-13-875 of the 1976 Code is amended to read:

"Section 61-13-875. No person who holds a permanent license or permit to sell beer, wine, or alcoholic liquor for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Beer, wine, or alcoholic liquor may be sold at a price less than the price regularly charged only from four o'clock p.m. until eight o'clock p.m. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to any fraternal organization in the course of its fund-raising activities, to any person attending a private function on any premises for which a permanent license or permit has been issued, or to any customer attending a function sponsored by the person who holds a permanent license or permit; provided, that not more than two functions may be sponsored each year, which must be authorized by the Alcoholic Beverage Control Commission commission. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 61-13-870."

SECTION 17. Section 61-13-885 of the 1976 Code is amended to read:

"Section 61-13-885. Every person engaged in the business of selling at retail beer, wine, or liquor shall post in every location for which he has obtained a license or permit a sign with the following words printed thereon: `The possession of beer, wine, or liquor, by anyone under twenty-one years of age, is a criminal offense under the laws of this State, and it is also unlawful for any person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor'. The Alcoholic Beverage Control Commission commission shall prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.

Any retail seller of beer, wine, or liquor who fails to display the sign required by the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."

SECTION 18. 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 the South Carolina Tax Commission or the South Carolina Law Enforcement Division.

SECTION 19. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved and are transferred to the South Carolina Tax Commission or the South Carolina Law Enforcement Division, as appropriate under the provisions of this act.

SECTION 20. This act takes effect January 1, 1994. / .

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

I wish the journal to reflect that to avoid even the appearance of a conflict of interest I abstained from participating in consideration of S. 323, which seeks to abolish the Alcohol and Beverage Control Commission and shift its regulatory responsibilities, as I am an owner of a business which holds a permit issued by the Alcohol and Beverage Commission.

S. 401 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO RETURN RENTED OBJECTS, SO AS TO PROVIDE THAT FAILURE TO RETURN LEASED PROPERTY WITHIN SEVENTY-TWO HOURS AFTER THE LEASE EXPIRES BUT RETURNING IT WITHIN ONE WEEK AND FAILURE TO RETURN A LEASED MOTOR VEHICLE FOR MORE THAN ONE WEEK AFTER THE LEASE EXPIRES ARE MISDEMEANORS AND TO PROVIDE PENALTIES.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD401.001), which was adopted:

Amend the bill, as and if amended, page 1, line 42, in Section 16-13-420, as contained in SECTION 1, by inserting after the word /vehicle/ the following:

/ , trailer, appliance, equipment, or tool / .

Amend title to conform.

Senators HAYES and PATTERSON spoke on the Bill.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 434 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1595 SO AS TO PROVIDE FOR THE MAXIMUM SPACE ALLOCATION FOR GOVERNMENTAL BODIES ENTERING INTO NEW LEASES AND FOR EXCEPTIONS; TO AMEND SECTION 11-35-1510, RELATING TO METHODS OF SOURCE SELECTION UNDER THE PROCUREMENT CODE, SO AS TO INCLUDE A REFERENCE TO SECTION 11-35-1595; AND TO AMEND SECTION 11-35-1590, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES, SO AS TO REVISE THE REQUIREMENTS OF A GOVERNMENTAL BODY WHEN IT NEEDS TO ACQUIRE REAL PROPERTY FOR ITS OPERATIONS WHEN STATE-OWNED PROPERTY IS NOT AVAILABLE, AND TO PROVIDE FOR REGULATIONS OF THE BUDGET AND CONTROL BOARD CONCERNING PROCEDURES FOR COMPETITIVE PROPOSALS TO ENSURE THE MOST COST-EFFECTIVE PROCUREMENT OF LEASED SPACE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD434.001), which was adopted:

Amend the bill, as and if amended, page 2, line 29, in Section 11-35-1595, as contained in SECTION 1, by striking /effective."/ and inserting therein the following:

/ effective.

(C) Nothing in this chapter shall apply to the renewal of leases entered into before the effective date of this section." /

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD440.001), which was adopted:

Amend the bill, as and if amended, page 5, beginning on line 1, by striking item (3) of Section 16-13-180, as contained in SECTION 6, in its entirety and inserting therein the following:

/ (3) for a second offense of Section 16-13-180, subitem item (1) or (2), or if the value of the property exceeds one thousand dollars, by a fine of not less than two thousand dollars and imprisonment for not less than three years nor more than ten years. This or any subsequent offense shall be is a felony. /

Amend title to conform.

Senator COURTNEY explained the amendment.

Senator PASSAILAIGUE proposed the following amendment (440R001.ELP), which was carried over:

Amend the bill, as and if amended, page 8, after line 3, by adding an appropriately numbered SECTION to read:

/SECTION . Section 22-3-10 of the 1976 Code is amended to read:

"Section 22-3-10. Magistrates have concurrent civil jurisdiction in the following cases:

(1) in actions arising on contracts for the recovery of money only, if the sum claimed does not exceed two thousand five hundred dollars five thousand dollars;

(2) in actions for damages for injury to rights pertaining to the person or personal or real property, if the damages claimed do not exceed two thousand five hundred dollars five thousand dollars;

(3) in actions for a penalty, fine, or forfeiture, when the amount claimed or forfeited does not exceed two thousand five hundred dollars five thousand dollars;

(4) in actions commenced by attachment of property, as provided by statute, if the debt or damages claimed do not exceed two thousand five hundred dollars five thousand dollars;

(5) in actions upon a bond conditioned for the payment of money, not exceeding two thousand five hundred dollars five thousand dollars, though the penalty exceeds that sum, the judgment to be given for the sum actually due, and when the payments are to be made by installments an action may be brought for each installment as it becomes due;

(6) in any action upon a surety bond taken by them, when the penalty or amount claimed does not exceed two thousand five hundred dollars five thousand dollars;

(7) in any action upon a judgment rendered in a court of a magistrate or an inferior court when it is not prohibited by Section 15-35-190;

(8) to take and enter judgment on the confession of a defendant in the manner prescribed by law when the amount confessed does not exceed two thousand five hundred dollars five thousand dollars;

(9) in any action for damages or for fraud in the sale, purchase, or exchange of personal property, if the damages claimed do not exceed two thousand five hundred dollars five thousand dollars;

(10) in all matters between landlord and tenant and the possession of land as provided in Chapters 33 through 41 of Title 27; and

(11) in any action to recover the possession of personal property claimed, the value of which, as stated in the affidavit of the plaintiff, his agent, or attorney, does not exceed the sum of two thousand five hundred dollars five thousand dollars."/

Amend title to conform.

Senator PASSAILAIGUE explained the amendment.

Senator COURTNEY raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

Senators PASSAILAIGUE and COURTNEY spoke on the Point of Order.

The PRESIDENT overruled the Point of Order.

On motion of Senator PASSAILAIGUE, with unanimous consent, the amendment was carried over.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD521.001), which was adopted:

Amend the bill, as and if amended, page 3, beginning on line 26, in Section 6-31-20, as contained in SECTION 1, by striking item (3) in its entirety and inserting therein the following:

/ (3) `Development' means the planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. `Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, `development' refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item. /

Amend the bill further, as and if amended, page 5, line 21, in Section 6-31-40, as contained in SECTION 1, by inserting after /a/ the word

/ projected / .

Amend the bill further, as and if amended, page 9, beginning on line 26, in Section 6-31-110(A), as contained in SECTION 1, by striking

/ The developer and the municipality also must comply with the provisions of Section 6-31-40(C). /

Amend title to conform.

Senator McCONNELL explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator BRYAN proposed the following amendment (JUD549.003), which was adopted:

Amend the committee report, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 16-17-680 of the 1976 Code is amended to read:

"Section 16-17-680. (A) It shall be is unlawful to purchase copper wire or copper pipe from any a person that who is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. Every A purchaser of copper wire or copper pipe shall maintain a record containing the date of purchase, name and address of seller, weight or length, and size or other description of copper wire or copper pipe purchased and amount paid therefor for it. Such records shall Records must be maintained and kept open for inspection during regular business hours by duly authorized law enforcement officials or local and state governmental agencies during regular business hours. The records must be maintained for a period of twelve months from the date of each purchase.

(B) It shall be is unlawful for any a person to transport or have in his possession on highways of this State, in any a vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting such copper wire or copper pipe, an amount of copper wire or copper pipe of an aggregate weight of more than twenty-five pounds, unless such the person shall have has in his possession:

(1) a bill of sale pertaining to such copper wire or copper pipe signed by:

(a) a holder of a retail license for a business engaged in the sale of copper wire or copper pipe; or

(b) an authorized wholesaler engaged in the sale of copper wire or copper pipe; or

(c) a registered dealer in scrap metals; or

(2) in the event the person from whom the copper wire or copper pipe was purchased was other than one of the above enumerated persons or firms, a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made.

Such The bill of sale or certificate of origin shall clearly must identify the material to which it applies and show thereon the name and address of the seller, license plate of the vehicle in which such the material is delivered to the purchaser, identified by license number, year, and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire or copper pipe purchased.

(C) Any A person violating who violates the provisions of this section shall be deemed is guilty of a:

(1) misdemeanor and, upon conviction, shall must be fined not more than two hundred dollars or imprisoned not more than thirty days for a first offense. This offense is triable in magistrate's court;

(2) misdemeanor and, upon conviction, must be fined not more than five hundred dollars or be imprisoned for not more than one year, or both, for a second offense;

(3) misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both, for a third or subsequent offense. For an offense to be considered a third or subsequent offense, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this section.

(D) For purposes of this section, the only identification acceptable is:

(1) a valid South Carolina driver's license;

(2) a South Carolina identification card issued by the Department of Highways and Public Transportation;

(3) a valid driver's license from another state that contains the licensee's picture on the face of the license; or

(4) a valid military identification card."

SECTION 2. This act takes effect upon approval by the Governor. /.

Amend title to conform.

Senator BRYAN explained the amendment.

The Judiciary Committee proposed the following amendment (JUD549.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/ SECTION 1. Section 16-17-680 of the 1976 Code is amended to read:

"Section 16-17-680. (A) (1) It shall be is unlawful to purchase copper wire or copper pipe from any person that is not a holder of a retail license or an authorized wholesaler or unless the purchaser obtains and can verify the name and address of the seller. Every purchaser of copper wire or copper pipe shall maintain a record containing the date of purchase, name and address of seller, weight or length, and size or other description of copper wire or copper pipe purchased and amount paid therefor. Such These records shall be maintained and kept open for inspection during regular business hours by duly authorized law enforcement officials or local and state governmental agencies for a period of twelve months from the date of each purchase.

(2) For the purposes of this subsection, lawful verification of the name and address of the seller is a valid South Carolina driver's license, a valid driver's license from any other state, a valid identification card issued by the South Carolina Department of Highways and Public Transportation, or a valid military identification card issued by the government of the United States.

(3) A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. For a second offense, the person must be fined not more than one thousand dollars or imprisoned not more than ninety days, or both, and for a third or subsequent offense the person must be fined not more than five thousand dollars or imprisoned not more than one year, or both. A conviction or entry of a plea of guilty or nolo contendere for a violation of this subsection constitutes a prior offense for the purpose of any prosecution for a subsequent violation of this subsection. For an offense to be considered a second offense under this subsection, only those offenses which occurred within a period of five years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this subsection. For an offense to be considered a third or subsequent offense under this subsection, only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense shall constitute a prior offense within the meaning of this subsection.

(B) (1) It shall be is unlawful for any person to transport or have in his possession on highways of this State, in any vehicle other than a vehicle used in the ordinary course of business for the purpose of transporting such the copper wire or copper pipe, an amount of copper wire or copper pipe of an aggregate weight of more than twenty-five pounds, unless such the person shall have in his possession (1) a bill of sale pertaining to such the copper wire or copper pipe signed by (a) a holder of a retail license for a business engaged in the sale of copper wire or copper pipe; or (b) an authorized wholesaler engaged in the sale of copper wire or copper pipe; or (c) a registered dealer in scrap metals; or (2) in the event the person from whom the copper wire or copper pipe was purchased was other than one of the above enumerated persons or firms, a certificate of origin signed by the sheriff, or his designated representative, of the county in which the purchase was made. Such The bill of sale or certificate of origin shall clearly identify the material to which it applies and show thereon the name and address of the seller, license plate of the vehicle in which such the material is delivered to the purchaser, identified by license number, year and state of issue, the name and address of the purchaser, the date of sale, and the type and amount of copper wire or copper pipe purchased.

(2) Any A person violating the provisions of this section shall be deemed subsection is guilty of a misdemeanor and, upon conviction, shall must be fined not more than five hundred dollars or be imprisoned for not more than one year."

SECTION 2. This act takes effect upon approval by the Governor. /

Amend title to conform.

Senator BRYAN explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.

S. 579 -- Senator Williams: A BILL TO AMEND SECTION 7-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORM OF THE WRITTEN APPLICATION FOR VOTER REGISTRATION, SO AS TO PROVIDE FOR THE CONTENTS OF THE FORM.

On motion of Senator GIESE, S. 579 was ordered to receive a third reading on Friday, April 9, 1993.

S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.

On motion of Senator GIESE, S. 580 was ordered to receive a third reading on Friday, April 9, 1993.

H. 3633 -- Rep. Jennings: A BILL TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.

S. 650 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CERTIFICATION OF NEED FOR HEALTH FACILITIES AND SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1597, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, S. 650 was ordered to receive a third reading on Friday, April 9, 1993.

S. 651 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO REPLACING ALL EXISTING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1501, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, S. 651 was ordered to receive a third reading on Friday, April 9, 1993.

S. 652 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO LICENSE AND FEES TO PRACTICE PODIATRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, S. 652 was ordered to receive a third reading on Friday, April 9, 1993.

S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, S. 653 was ordered to receive a third reading on Friday, April 9, 1993.

S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator DRUMMOND, S. 654 was ordered to receive a third reading on Friday, April 9, 1993.

S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.

S. 657 -- Senators Waldrep and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 43 SO AS TO PROVIDE A PROCEDURE BY WHICH A COUNTY MAY CREATE A COUNTY HUMAN RESOURCES COMMISSION AND TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE COMMISSION REPRESENTING ANDERSON COUNTY.

(By prior motion of Senator WALDREP, with unanimous consent)

S. 287 -- Senators Wilson, Ryberg, Giese and Richter: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR ANY OTHER OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD287.005), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 28, in Section 16-11-330(1), as contained in SECTION 1 by striking lines 28 through 31 and inserting:

/ deadly weapon or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon shall / .

Amend the bill further, as and if amended, page 2, beginning on line 12, in Section 16-11-330(2), as contained in SECTION 1, by striking lines 12 through 15 and inserting:

/ weapon or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the attempted robbery reasonably believed to be a deadly weapon shall / .

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

S. 581 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN HONORABLY DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER SUCH DISCHARGE OR SEPARATION FROM SERVICE UP TO 5:00 P.M. ON THE DAY OF THE ELECTION; AND TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTORS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO PROVIDE THAT PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS, PERSONS SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY, AND PERSONS SEVENTY-TWO YEARS OF AGE OR OLDER MAY VOTE BY ABSENTEE BALLOT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD581.002), which was adopted:

Amend the bill, as and if amended, page 2, line 16, in Section 7-5-150, as contained in SECTION 1, by inserting after the words /if qualified,/ the words:

/ the person / .

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

On motion of Senator GIESE, S. 581 was ordered to receive a third reading on Friday, April 9, 1993.

H. 3278 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION.

Senator MATTHEWS asked unanimous consent to take the Resolution up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Resolution. The question being the adoption of the amendment (WWW30072DW.93) proposed by Senators MATTHEWS and ELLIOTT and previously printed in the Journal of Tuesday, April 1, 1993.

Senator MATTHEWS asked unanimous consent that the Resolution be recommitted to the Committee on Finance.

There was no objection.

H. 3798 -- Rep. Spearman: A CONCURRENT RESOLUTION RECOGNIZING THE VALUE AND SIGNIFICANCE OF EXCELLENCE IN CRAFTSMANSHIP AND CALLING UPON THE PEOPLE OF SOUTH CAROLINA TO OBSERVE THE "YEAR OF AMERICAN CRAFT: A CELEBRATION OF THE CREATIVE WORK OF THE HAND" WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

The Concurrent Resolution was adopted, ordered returned to the House.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.

On motion of Senator HAYES, with unanimous consent, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

S. 235 -- Senators McConnell, Land, Saleeby, Leatherman, Holland, J. Verne Smith, Courson, Mitchell, Hayes, Martin, Russell, Ford, Courtney, Wilson, Passailaigue, Greg Smith, Washington, Jackson, Thomas, Matthews, Glover, Drummond, Ryberg, Cork, Reese, Mescher, Short and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO PROVIDE PROTECTION FROM COMPELLED TESTIMONY IN A PROCEEDING TO A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS AND TO PROVIDE EXCEPTIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the Amendment No. 2 (235R003.JFM) proposed by Senators McCONNELL and ROSE and previously printed in the Journal of Thursday, April 1, 1993.

Senator McCONNELL spoke on the amendment.

On motion of Senator DRUMMOND, with unanimous consent, debate was interrupted by adjournment, Senator McCONNELL retaining the floor.

MOTION ADOPTED
On motion of Senator RICHTER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Lieutenant Colonel Rex K. Skanchy of Mt. Pleasant, South Carolina.

Senator DRUMMOND moved that when the Senate adjourns on Monday, April 12, 1993, it stand adjourned to meet on Tuesday, April 13, 1993, at 12:00 Noon, which motion was adopted.

At 12:16 P.M., on motion of Senator DRUMMOND, the Senate adjourned to meet tomorrow at 11:00 A.M.

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