South Carolina General Assembly
122nd Session, 2017-2018

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A193, R211, S820

STATUS INFORMATION

General Bill
Sponsors: Senators Fanning, Climer and Peeler
Document Path: l:\council\bills\dka\3118ahb18.docx

Introduced in the Senate on January 9, 2018
Introduced in the House on April 10, 2018
Last Amended on May 9, 2018
Passed by the General Assembly on May 10, 2018
Governor's Action: May 17, 2018, Signed

Summary: Temporary alcohol permits, referendum vote

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/6/2017  Senate  Prefiled
   12/6/2017  Senate  Referred to Committee on Judiciary
    1/9/2018  Senate  Introduced and read first time (Senate Journal-page 69)
    1/9/2018  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 69)
   3/16/2018  Senate  Referred to Subcommittee: Hutto (ch), Malloy, Shealy, 
                        Rice, Timmons
   3/28/2018  Senate  Recalled from Committee on Judiciary 
                        (Senate Journal-page 3)
   3/29/2018  Senate  Amended (Senate Journal-page 53)
   3/29/2018  Senate  Read second time (Senate Journal-page 53)
   3/29/2018  Senate  Roll call Ayes-39  Nays-0 (Senate Journal-page 53)
    4/9/2018  Senate  Read third time and sent to House 
                        (Senate Journal-page 34)
   4/10/2018  House   Introduced and read first time (House Journal-page 9)
   4/10/2018  House   Referred to Committee on Judiciary (House Journal-page 9)
    5/3/2018  House   Committee report: Favorable with amendment Judiciary 
                        (House Journal-page 42)
    5/9/2018  House   Amended (House Journal-page 65)
    5/9/2018  House   Read second time (House Journal-page 65)
    5/9/2018  House   Roll call Yeas-87  Nays-0 (House Journal-page 66)
   5/10/2018  House   Read third time and returned to Senate with amendments 
                        (House Journal-page 14)
   5/10/2018  Senate  Concurred in House amendment and enrolled 
                        (Senate Journal-page 46)
   5/10/2018  Senate  Roll call Ayes-41  Nays-1 (Senate Journal-page 46)
   5/14/2018          Ratified R 211
   5/17/2018          Signed By Governor
   5/24/2018          Effective date 05/17/18
   5/31/2018          Act No. 193

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/6/2017
3/28/2018
3/29/2018
5/3/2018
5/9/2018


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

(A193, R211, S820)

AN ACT TO AMEND SECTION 61-6-2010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY ALCOHOL PERMITS UPON A REFERENDUM VOTE, SO AS TO DELETE A PRIOR REFERENCE TO A DATE AND PROVIDE A SUBSEQUENT REFERENDUM MAY NOT BE HELD LESS THAN FORTY-EIGHT MONTHS FOLLOWING THE FAILURE OF A QUESTION.

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

Alcohol, temporary permits by referendum, timing

SECTION    1.    Section 61-6-2010(C) of the 1976 Code is amended to read:

"(C)(1)        A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. On or after June 21, 1993, the question on the ballot shall be one or both of the following:

(a)    'Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?' or

(b)    'Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?'.

(2)    On or after June 21, 1993, a question authorized by this subsection may not appear on the ballot for a county or municipality less than forty-eight months following the failure of a question authorized by this subsection in said county or municipality.

(3)    The expenses for a referendum for this purpose must be paid by the county or municipality conducting the referendum.

(4)    In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D)."

Time effective

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

Ratified the 14th day of May, 2018.

Approved the 17th day of May, 2018.

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This web page was last updated on June 22, 2018 at 12:05 PM