South Carolina General Assembly
119th Session, 2011-2012

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H. 4939

STATUS INFORMATION

General Bill
Sponsors: Reps. Quinn, Weeks and Rutherford
Document Path: l:\council\bills\nbd\12172dg12.docx

Introduced in the House on March 1, 2012
Introduced in the Senate on March 28, 2012
Last Amended on March 27, 2012
Currently residing in the Senate

Summary: Alcoholic liquors

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    3/1/2012  House   Introduced and read first time (House Journal-page 15)
    3/1/2012  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 15)
    3/6/2012  House   Recalled from Committee on Labor, Commerce and Industry 
                        (House Journal-page 20)
    3/6/2012  House   Referred to Committee on Judiciary 
                        (House Journal-page 20)
   3/21/2012  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 53)
   3/27/2012  House   Amended (House Journal-page 25)
   3/27/2012  House   Read second time (House Journal-page 25)
   3/27/2012  House   Roll call Yeas-75  Nays-23 (House Journal-page 28)
   3/28/2012  House   Read third time and sent to Senate 
                        (House Journal-page 19)
   3/28/2012  Senate  Introduced and read first time (Senate Journal-page 11)
   3/28/2012  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 11)
    4/2/2012  Senate  Referred to Subcommittee: Campbell (ch), Cleary, 
                        Williams, Nicholson, Gregory
    5/9/2012  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 10)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/1/2012
3/21/2012
3/27/2012
5/9/2012

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 9, 2012

H. 4939

Introduced by Reps. Quinn, Weeks and Rutherford

S. Printed 5/9/12--S.

Read the first time March 28, 2012.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4939) to amend Section 61-6-1560, Code of Laws of South Carolina, 1976, relating to discounts on alcoholic liquors or nonalcoholic items, so as to allow, 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, page 1, by striking lines 31-35 in their entirety and inserting the following:

/    (B)    In addition to the provisions of subsection (A), a retail dealer may offer a discount on a sale of alcoholic liquor or nonalcoholic items at the register through the use of premiums, coupons, or stamps, so long as the cost related to the discount is provided only by the retail dealer and is not prohibited by any federal law."            /

Renumber sections to conform.

Amend title to conform.

PAUL G. CAMPBELL, JR. for Committee.

            

A BILL

TO AMEND SECTION 61-6-1560, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCOUNTS ON ALCOHOLIC LIQUORS OR NONALCOHOLIC ITEMS, SO AS TO ALLOW A RETAIL DEALER TO OFFER DISCOUNTS AT THE REGISTER THROUGH THE USE OF PREMIUMS, COUPONS, OR STAMPS, SO LONG AS THE COST RELATED TO THE DISCOUNT IS THE SOLE RESPONSIBILITY OF THE RETAIL DEALER.

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

SECTION    1.    Section 61-6-1560 of the 1976 Code is amended to read:

"Section 61-6-1560.    (A)    Notwithstanding any other provision of law, a retail dealer, wholesaler, or producer may offer discounts on alcoholic liquors or nonalcoholic items through the use of premiums, coupons, or stamps redeemable by mail.

(B)    Notwithstanding any other provision of law, a retail dealer may offer discounts on alcoholic liquors or nonalcoholic items at the register through the use of premiums, coupons, or stamps, so long as the cost related to the discount is the sole responsibility of the retail dealer."

SECTION    2.    Section 61-6-1500 of the 1976 Code is amended to read:

"Section 61-6-1500.(A)        A retail dealer may not:

(1)    sell, barter, exchange, give, or offer for sale, barter, or exchange, or permit the sale, barter, exchange, or gift, of alcoholic liquors without regard to the size of the container:

(a)    between the hours of 7:00 p.m. and 9:00 a.m.;

(b)    for consumption on the premises;

(c)    to a person under twenty-one years of age;

(d)    to an intoxicated person; or

(e)    to a mentally incompetent person; or

(f)    to another dealer, except as provided in Section 61-6-950 or between locations owned by the same retail dealer;

(2)    permit the drinking of alcoholic liquors in his store or place of business;

(3)    sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if:

(a)    the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors; and

(b)    the electronic transfer is initiated by the retailer no later than one business day after delivery; or

(4)    redeem proof-of-purchase certificates for any promotional item.

However, during restricted hours a retail dealer is permitted to receive, stock, and inventory merchandise, provide for maintenance and repairs, and other necessary, related functions that do not involve the sale of alcoholic liquors.

(B)(1)    It is unlawful for a person licensed to sell alcoholic liquors pursuant to the provisions of this section to knowingly and wilfully refill, partially refill, or reuse a bottle of lawfully purchased alcoholic liquor, or otherwise tamper with the contents of the bottle.

(2)    A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction:

(a)    for a first offense, must be fined five hundred dollars or imprisoned for not more than thirty days, or both;

(b)    for a second or subsequent offense, must be fined one thousand dollars or imprisoned not more than six months, or both.

(3)    In addition to the penalties provided in subsection (B), a violation of this section may subject the licensee or permit holder to revocation or suspension of the license or permit by the department. A third or subsequent violation of subsection (A)(1)(f) within three years of the first violation must result in a mandatory suspension of the license or permit for a period of at least thirty days.

(4)    The possession of a refilled or reused bottle or other container of alcoholic liquors is prima facie evidence of a violation of this section. A person who violates this provision must, upon conviction, have his license revoked permanently.

(C)    A retail dealer must keep a record of all sales of alcoholic liquors sold to establishments licensed for on-premises consumption. The record must include the name of the purchaser and the date and quantity of the sale by brand and bottle size.

(D)    It is unlawful to sell alcoholic liquors except during lawful hours of operation."

SECTION    3.    This act takes effect upon approval by the Governor.

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