South Carolina General Assembly
115th Session, 2003-2004

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A317, R340, S532

STATUS INFORMATION

Joint Resolution
Sponsors: Judiciary Committee
Document Path: l:\s-jud\bills\judiciary\jud0063.jud.doc

Introduced in the Senate on March 27, 2003
Introduced in the House on February 26, 2004
Passed by the General Assembly on June 1, 2004
Governor's Action: No signature required

Summary: Constitutional amendment; to authorize General Assembly to regulate sale of alcoholic beverages in containers deemed appropriated

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/27/2003  Senate  Introduced, read first time, placed on calendar without 
                        reference SJ-30
   3/31/2003          Scrivener's error corrected
   4/17/2003  Senate  Special order SJ-15
   4/23/2003  Senate  Read second time SJ-58
   4/23/2003  Senate  Ordered to third reading with notice of amendments SJ-58
   5/29/2003  Senate  Special order SJ-132
   1/21/2004  Senate  Debate interrupted SJ-19
   1/22/2004  Senate  Debate interrupted SJ-24
   1/29/2004  Senate  Debate interrupted SJ-21
    2/3/2004  Senate  Debate interrupted SJ-26
   2/11/2004  Senate  Debate interrupted SJ-58
   2/12/2004  Senate  Debate interrupted SJ-29
   2/25/2004  Senate  Read third time and sent to House SJ-40
   2/26/2004  House   Introduced and read first time HJ-5
   2/26/2004  House   Referred to Committee on Judiciary HJ-6
   5/19/2004  House   Committee report: Favorable Judiciary HJ-5
   5/25/2004  House   Requests for debate-Rep(s). Scott, Harrison, JE Smith, 
                        Cotty, Littlejohn, Walker, Thompson, Bailey, Lloyd, J 
                        Brown, Scarborough, Skelton, Moody-Lawrence, Toole, 
                        Weeks, Lee, Davenport, Kirsh, R Brown, Freeman, 
                        Anthony, Kennedy, Herbkersman, Koon, and Mahaffey HJ-38
   5/26/2004  House   Read second time HJ-81
   5/26/2004  House   Roll call Yeas-72  Nays-34 HJ-82
   5/26/2004  House   Reconsidered HJ-292
   5/26/2004  House   Read second time HJ-298
   5/26/2004  House   Roll call Yeas-65  Nays-44 HJ-298
   5/27/2004  House   Debate adjourned until Tuesday, June 1, 2004
    6/1/2004  House   Debate adjourned HJ-30
    6/1/2004  House   Read third time and enrolled HJ-55
    6/1/2004  House   Roll call Yeas-84  Nays-25 HJ-55
    6/2/2004          Ratified R 340
    6/2/2004          No signature required
    8/4/2004          Copies available
    8/4/2004          Effective date 06/02/04
  10/20/2004          Act No. 317

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/27/2003
3/27/2003-A
3/31/2003
5/19/2004


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A317, R340, S532)

A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Be it enacted by the General Assembly of the State of South Carolina:

Alcoholic liquors and beverages

SECTION    1.    It is proposed that Section 1, Article VIII-A of the Constitution of this State be amended to read:

"Section 1.    In the exercise of the police power the General Assembly has the right to prohibit and to regulate the manufacture, sale, and retail of alcoholic liquors or beverages within the State. The General Assembly may license persons or corporations to manufacture, sell, and retail alcoholic liquors or beverages within the State under the rules and restrictions as it considers proper, including the right to sell alcoholic liquors or beverages in containers of such size as the General Assembly considers appropriate. The General Assembly may prohibit the manufacture, sale, and retail of alcoholic liquors and beverages within the State, and may authorize and empower state, county, and municipal officers, all or either, under the authority and in the name of the State, to buy in any market and retail within the State liquors and beverages in such packages and quantities, under such rules and regulations, as it considers expedient. However, a license must not be granted to sell alcoholic beverages in less quantities than one ounce in licensed retail stores, or to sell them between seven o'clock p. m. and nine o'clock a. m., or to sell them to be drunk on the premises; however, the General Assembly shall not delegate to any municipal corporation the power to issue licenses to sell alcoholic liquors or beverages. However, licenses may be granted to sell and consume alcoholic liquors and beverages on the premises of businesses which engage primarily and substantially in the preparation and serving of meals or furnishing of lodging or on the premises of certain nonprofit organizations with limited membership not open to the general public, during such hours as the General Assembly may provide."

Proposed constitutional amendment ballot question

SECTION    2.    The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 1, Article VIII-A of the Constitution of this State, relating to the powers of the General Assembly pertaining to alcoholic liquors and beverages, be amended so as to authorize the General Assembly to determine the size of containers in which alcoholic liquors or beverages are sold and to delete the provision requiring the sale of alcoholic liquors for consumption on the premises only in sealed containers of two ounces or less?

Yes    []

No    []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

Ratified the 2nd day of June, 2004.

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