South Carolina General Assembly
117th Session, 2007-2008

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Bill 1048

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COMMITTEE REPORT

May 14, 2008

S. 1048

Introduced by Senators Martin and Alexander

S. Printed 5/14/08--H.

Read the first time April 30, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1048) to amend Section 61-4-120, as amended, relating to the Sunday sale of wine or beer in this State, so as to provide an exception for wine, etc., respectfully

REPORT:

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

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 61-4-120, AS AMENDED, RELATING TO THE SUNDAY SALE OF WINE OR BEER IN THIS STATE, SO AS TO PROVIDE AN EXCEPTION FOR WINE THAT IS HARVESTED, PROCESSED, FERMENTED, BOTTLED, AND SOLD AT THE SAME CONTIGUOUS LOCATION.

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

SECTION    1.    Section 61-4-120 of the 1976 Code, as last amended by Act 139 of 2005, is further amended to read:

"Section 61-4-120.    (A)    It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section.

(B)    Notwithstanding subsection (A) and other provisions of law, wine may be sold on Sunday if the wine is produced using grapes grown in this State, the grapes are harvested, processed, fermented, bottled, and sold at the same contiguous location, the seller meets all applicable licensing and taxing requirements, and the local governing body of the county or municipality where the sale occurs adopts an ordinance permitting wine sales on Sunday under these limited circumstances."

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

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