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 ACTING PRESIDENT, Senator SETZLER.
Pursuant to Section 11, Act No. 434 of 1998, a study committee was created to examine state law relating to the transportation, possession, and consumption of alcoholic liquor in minibottles. The committee was also directed to examine the effects of the marketing and sale of malt liquor in containers of more than one liter. The committee consisted of eleven voting and seven non-voting members.
Voting members:
Senator John C. Land, III, Chairman
Senator Glenn F. McConnell
Senator Maggie W. Glover
Senator C. Bradley Hutto
Representative Douglas Jennings, Jr.
Representative Mark S. Kelley
Representative John L. Scott, Jr.
Representative Richard M. Quinn, Jr.
Mr. William B. Dukes
Ms. Martha S. Hunn
Mr. Craig M. Phillips
Non-voting members:
Mr. Harold D. Watson, MADD
Mr. Gary L. Turner, S.C. Department of Revenue
Mr. R. David Miller, T Bonz Restaurant Group
Ms. Cynthia R. Konduros, SLED
Ms. Beverly G. Hamilton, S.C. Department of Alcohol and Other Drug Abuse Services
Mr. David R. Jameson, Lexington-Richland Alcohol and Drug Abuse Council
The study committee met on September 9, 1998, at which time members of the committee directed staff to research several issues and formulate responses to be distributed by mail and discussed at a subsequent meeting. The study committee met again on November 10, 1998, at which time an informational packet prepared by staff was again distributed and reviewed, testimony was given by various persons, and an in-depth discussion ensued on issues such as taxation and public safety. The consensus of the committee was that the best interests of the citizens of South Carolina should be at the center of any decision. The committee also discussed the marketing and sale of malt liquor in containers of more than one liter and agreed that there should be no prohibition on the marketing and sale of malt liquor in containers of more than one liter.
A third meeting was held on January 7, 1999. Testimony was given and a discussion followed on taxation issues, mandatory bartender training, public safety issues, and the prohibition on the marketing and sale of malt liquor in containers of one liter or more.
RECOMMENDATIONS
The following recommendations were adopted by the Liquor Sales Study Committee on January 7, 1999:
1. The study committee finds the funding for alcohol abuse prevention and treatment services through the minibottle tax, as a percentage of overall funding for these services, to have significantly diminished in terms of today's dollar. The study committee also finds the services to be highly effective and warrant not only the maintenance of the current funding level but also a substantial funding increase. Therefore, the study committee proposes that appropriate amendments be enacted to existing distilled spirits legislation that would significantly increase the funding level to the agencies and organizations established pursuant to Section 61-12-20. The study committee specifically recommends that the House Ways and Means and Senate Finance committees determine a method for substantially increasing funding for the agencies and organizations established pursuant to Section 61-12-20 and to maintain a floor so that funding may not go lower than the present funding level.
2. Further, the study committee recommends that the House Ways & Means Committee and the Senate Finance Committee consider legislation that would allow the on-premise sale of alcoholic liquors
Due to his limited tenure as a member of the study committee and because of the lack of a recommended tax structure, Representative Richard M. Quinn, Jr. did not participate in voting on the recommendations made in this report.
Due to a death in the family, Senator Glenn F. McConnell was unable to attend the third meeting and, therefore, did not participate in voting on the recommendations made in this report.
Except for the above abstentions, the study committee voted to adopt the recommendations made in this report.
FINDINGS
After careful review of the alcohol beverage laws of various states, the study committee reports the following:
1. Laws related to the sale of distilled spirits by restaurants, hotels, and other on-premise retail establishments are incorporated in the Constitution of the State of South Carolina and will require a Constitutional Amendment passed by referendum of the people to change the type of on-premise method of dispensing alcoholic liquors currently in practice. These laws include the provision which requires on-premise retail establishments to sell distilled spirits in containers of two (2) ounces or less (commonly referred to as minibottles).
2. While other states allow restaurants to sell minibottles as well as pour from large bottles, South Carolina is the only state that requires the exclusive use of minibottles by on-premise retail establishments.
3. South Carolina is the only state using a licensed alcohol beverage system that requires on-premise retailers to purchase and pick-up liquor from retail liquor stores.
(On motion of Senator LAND, with unanimous consent, ordered printed in the Journal of Friday, January 15, 1999.)
On motion of Senator PATTERSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Ms. Gina Lamar of Columbia, S.C.
At 11:15 A.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, January 19, 1999, at 12:00 Noon.
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