South Carolina General Assembly
116th Session, 2005-2006

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Bill 161

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 2, 2005

S. 161

Introduced by Senator Elliott

S. Printed 3/2/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 161) to amend Section 61-4-50, Code of Laws of South Carolina, 1976, relating to the unlawful sale of beer or wine to a minor so as to, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

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

/    SECTION    1.    Section 61-4-50 of the 1976 Code is amended to read:

"Section 61-4-50.    (A)    It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, pleading guilty, pleading nolo contendere, or being convicted:

(1)    for a first offense, be 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, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)    for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)    for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years, or both, in the discretion of the court.

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

SECTION    2.    Section 61-6-4080 of the 1976 Code is amended to read:

"Section 61-6-4080.    (A)    A person engaged in the sale of alcoholic liquors who knowingly sells the liquors to a person under the age of twenty-one is guilty of a misdemeanor and must, upon conviction, be 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. It is unlawful for a person engaged in the sale of alcoholic liquors to knowingly sell the liquors to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon pleading guilty, pleading nolo contendere, or being convicted:

(1)    for a first offense, be 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, and be required, at the person's expense, to attend a server education training course approved by the South Carolina Department of Alcohol and Other Drug Abuse Services;

(2)    for a second offense, be fined not less than one thousand dollars or imprisoned not more than one year, or both, in the discretion of the court;

(3)    for a third or subsequent offense, be fined not less than two thousand dollars or imprisoned not more than two years or both, in the discretion of the court.

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

/

Renumber sections to conform.

Amend title to conform.

CHAUNCEY K. GREGORY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Motor Vehicles indicates there will be no fiscal impact on the General Fund of the State, nor on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 61-4-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO A MINOR SO AS TO PROVIDE THAT, IN ADDITION TO EXISTING PENALTIES, A PERSON WHO IS CONVICTED OF VIOLATING THIS SECTION FOR A THIRD OR SUBSEQUENT OFFENSE SHALL HAVE HIS DRIVER'S LICENSE SUSPENDED FOR THIRTY DAYS, NO PART OF WHICH MAY BE SUSPENDED BY THE COURT.

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

SECTION    1.    Section 61-4-50 of the 1976 Code, as added by Act 415 of 1996, is amended by adding an appropriately lettered subsection at the end to read:

"( )    In addition to the penalties imposed in subsection (A), the Department of Public Safety shall suspend for thirty days the driver's license of a person who is convicted or who receives a sentence upon a plea of nolo contendere for a third or subsequent offense. No part of the mandatory driver's license suspension may be suspended by the court."

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

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