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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 28, 2008
S. 951
S. Printed 5/28/08--H. [SEC 5/30/08 3:20 PM]
Read the first time February 12, 2008.
TO AMEND SECTION 12-33-245, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FIVE PERCENT EXCISE TAX ON THE SALE OF ALCOHOLIC LIQUORS FOR ON-PREMISES CONSUMPTION AND THE DISTRIBUTION OF THE REVENUES OF THE TAX, SO AS TO PROVIDE THAT THE MINIMUM DISTRIBUTION TO STATE AGENCIES, COUNTIES, AND LOCAL ENTITIES MUST BE BASED ON REVENUES RECEIVED IN FISCAL YEAR 2004-2005, RATHER THAN REVENUES ALLOCATED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1.A. Section 12-33-245(C) of the 1976 Code, as last amended by Act 36 of 2007, is further amended to read:
"(C) Those state agencies and local entities, including counties, which are allocated and receive by law received minibottle tax revenues in fiscal year 2004-2005 for education, prevention, and other purposes, shall receive in a fiscal year at least the same amount of revenues from the new excise tax revenues beginning with the first full fiscal year after sales of liquor by the drink are authorized as they did received from minibottle tax revenues during fiscal year 2004-2005. If these state agencies and local entities do not, the difference must be made up from the general fund. Payments will be distributed in four equal payments based on the total payments remitted to these state agencies and entities in fiscal year 2004-2005, including funds allocated received pursuant to Section 6-27-40(B). At the end of each fiscal year, the State Treasurer, in consultation with the Department of Revenue, shall determine whether the tax collected pursuant to these sections exceed the total collection and remittance for fiscal year 2004-2005. If the tax collected exceeds the amount collected and allocated in fiscal year 2004-2005, a distribution of the difference will be remitted to the county treasurers within thirty days after the close of each fiscal year."
B. This section takes effect upon approval by the Governor and first applies for excise tax revenues distributed for fiscal year 2007-2008.
SECTION 2.A. Section 61-6-20(2) of the 1976 Code, as last amended by Act 386 of 2006, is further amended to read:
"(2) 'Bona fide engaged primarily and substantially in the preparation and serving of meals' means a business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition that provides facilities for seating not less fewer than forty persons simultaneously at tables for the service of meals and that:
(a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times;
(b) has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and
(c) prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open."
B. Section 61-6-1610 of the 1976 Code, as last amended by Act 386 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) For purposes of this section:
(1) 'Kitchen' means a separate and distinct area of the business establishment that is used solely for the preparation, serving, and disposal of solid foods that make up meals. The area must be adequately equipped for the cooking, serving, and storage of solid foods and must include at least twenty-one cubic feet of refrigerated space for food and a stove.
(2) 'Meal' means an assortment of various prepared foods available to guests on the licensed premises during the normal mealtimes that occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages, and other snacks prepared off the licensed premises but sold there are not a meal.
(3) 'Primarily' means that the serving of the meals by a business establishment is a regular source of business to the licensed establishment, that meals are served upon the demand of guests and patrons during the normal mealtimes that occur when the licensed business establishment is open to the public, and that an adequate supply of food is present on the licensed premises to meet the demand."
SECTION 3. Section 12-33-245 of the 1976 Code, as last amended by Act 36 of 2007, is further amended by adding new subsections at the end to read:
"(D) In addition to all other penalties that may be imposed for violations arising pursuant to subsection (A) of this section, a failure to report and remit the full amount of the excise tax imposed pursuant to subsection (A) on the gross proceeds of the sale of each drink of alcoholic liquor sold for consumption in the establishment subjects the licensee to the following penalties:
(1) for a first violation, a civil penalty of one thousand dollars;
(2) for a second violation, a civil penalty of one thousand dollars and an automatic suspension for thirty days of the license allowing such sales; and
(3) for a third or subsequent violation, a civil penalty of five thousand dollars and a revocation of the license.
(E) When a license is suspended or revoked, a partner or person with a financial interest in the business may not be issued a license for the premises concerned. A person within the second degree of kinship to a person whose license is suspended or revoked may not be issued a license for the premises concerned for a period of one year after the date of suspension or revocation."
SECTION 4. This act takes effect upon approval by the Governor.
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