South Carolina General Assembly
118th Session, 2009-2010

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Bill 4572

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

March 24, 2010

H. 4572

Introduced by Reps. J.E. Smith, Bannister, Weeks and Hutto

S. Printed 3/24/10--H.

Read the first time February 17, 2010.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4572) to amend the Code of Laws of South Carolina, 1976, by adding Section 61-4-960 so as to allow holders of retail permits authorizing the sale of beer, 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.    Article 9, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-960.    (A)    Notwithstanding another provision of law or regulation, the holder of a retail permit authorizing the sale of beer for off-premises consumption whose primary product is beer or wine may conduct, in accordance with department rulings or regulations, not more than twenty-four beer tastings at any one retail location in a calendar quarter, provided that:

(1)    at least ten days before the tasting, a notice detailing the specific date and hours of the tasting must be sent by first class mail or by electronic mail to the State Law Enforcement Division;

(2)    the tastings must be conducted by the retailer or an agent or independent contractor of the retailer and may not be conducted by a wholesaler or manufacturer or an employee, agent, or independent contractor of a wholesaler or manufacturer. Nothing in this subsection prohibits a manufacturer or employee, agent, or independent contractor of a manufacturer from attending a tasting to provide information and offer educational material on the products to be sampled. For purposes of this subsection, a wholesaler is not considered an employee, agent, or independent contractor of a manufacturer;

(3)    the products must be supplied by the retailer and may not be donated or otherwise supplied at no or reduced cost by the manufacturer or wholesaler;

(4)    a sample may not be offered from more than eight products at any one tasting;

(5)    no more than one container of each of the products to be sampled may be open at any time. Open containers must be visible at all times and must be removed at the conclusion of a tasting;

(6)    the tasting must be held in a designated tasting area of the retail store;

(7)    samples must be no more than two ounces for each product sampled as defined in Section 61-4-10(1);

(8)    samples must be no more than one ounce for each product sampled as defined in Section 61-4-10(2), provided that no more than two of the total eight samples may contain more than ten percent of alcohol by weight;

(9)    a person may not be served more than one sample of each product;

(10)    a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. A person tasting a sample may not be allowed to loiter on the store premises;

(11)    a sampling may not be offered for more than four hours;

(12)    the tasting may not be held in conjunction with a wine tasting pursuant to Section 61-4-737;

(13)    a retailer, pursuant to this section, may not offer more than one sampling per day; and

(14)    the tasting may not be held in conjunction with a tasting in a retail alcoholic liquor store pursuant to Section 61-6-1035 that is adjacent to and licensed in the same name of the retail permit authorizing the sale of beer.

(B)    A person who violates the provisions of this section must be assessed a fine of one hundred dollars for each violation. The revenue from these fines must be directed to the Department of Revenue for supplementing funds required for the department's activities concerning licensure and regulation of alcohol."

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

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-960 SO AS TO ALLOW HOLDERS OF RETAIL PERMITS AUTHORIZING THE SALE OF BEER OR WINE FOR OFF-PREMISES CONSUMPTION TO HOLD A LIMITED NUMBER OF BEER TASTINGS AT THE RETAIL LOCATION EACH YEAR UNDER CERTAIN CIRCUMSTANCES.

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

SECTION    1.    Article 9, Chapter 4, Title 61 of the 1976 Code is amended by adding:

"Section 61-4-960.    (A)    The holder of a retail permit authorizing the sale of beer for off-premises consumption whose primary product is beer or wine may conduct, in accordance with department rulings or regulations, not more than twenty-four beer tastings at any one retail location in a calendar quarter, provided that:

(1)    at least ten days before the tasting, a notice detailing the specific date and hours of the tasting must be sent by first class mail or by electronic mail to the State Law Enforcement Division;

(2)    the tastings must be conducted by the retailer or an agent or independent contractor of the retailer and may not be conducted by a wholesaler or manufacturer or an employee, agent, or independent contractor of a wholesaler or manufacturer. Nothing in this subsection prohibits a manufacturer or employee, agent, or independent contractor of a manufacturer from attending a tasting to provide information and offer educational material on the products to be sampled. For purposes of this subsection, a wholesaler is not considered an employee, agent, or independent contractor of a manufacturer;

(3)    the products must be supplied by the retailer and may not be donated or otherwise supplied at no or reduced cost by the manufacturer or wholesaler;

(4)    a sample may not be offered from more than eight products at any one tasting;

(5)    no more than one container of each of the products to be sampled may be open at any time. Open containers must be visible at all times and must be removed at the conclusion of a tasting;

(6)    the tasting must be held in a designated tasting area of the retail store;

(7)    samples must be no more than two ounces for each product sampled;

(8)    a person may not be served more than one sample of each product;

(9)    a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years. A person tasting a sample may not be allowed to loiter on the store premises;

(10)    a sampling may not be offered for more than four hours;

(11)    the tasting may not be held in conjunction with a wine tasting pursuant to Section 61-4-737; and

(12)    a retailer, pursuant to this section, may not offer more than one sampling per day.

(B)    A person who violates the provisions of this section must be assessed a fine of one hundred dollars for each violation. The revenue from these fines must be directed to the Department of Revenue for supplementing funds required for the department's activities concerning licensure and regulation of alcohol."

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

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