A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-3-710 SO AS TO PROVIDE THE BASIS FOR LIABILITY FOR A PERSON OR ESTABLISHMENT WHO ILLEGALLY FURNISHES ALCOHOL TO AN INDIVIDUAL WHO INJURES A THIRD PARTY BASED UPON WHAT THE FURNISHER KNEW OR SHOULD HAVE KNOWN UNDER THE CIRUCUMSTANCES; TO SPECIFY WHEN THE RIGHT OF ACTION IS NOT AVAILABLE; AND TO PROVIDE THE EVIDENTIARY STANDARD FOR THE VISIBLE INTOXICATION.

 

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

 

SECTION 1.  Chapter 3, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-3-710.  (A) As used in this section:

       (1) "Alcohol" means beer; wine; alcoholic liquors or alcoholic beverages as defined in Section 61-6-20; alcoholic liquor by the drink or alcoholic beverage by the drink as defined in Section 61-6-20; or any other type of alcoholic beverage that contains any amount of alcohol and is used as a beverage for human consumption.

       (2) "Licensee" means any person or entity licensed to sell alcohol by the State of South Carolina or any agency or department thereof.

       (3) "Visibly intoxicated" means an individual displayed visible signs and symptoms of intoxication that would have been obvious to a reasonable person.

    (B) A licensee that sells, serves, or otherwise furnishes alcohol to an individual who is at least twenty-one years old shall only be civilly liable to a third party for actual or punitive damages arising out of the sale, service, or furnishing of alcohol to that individual if:

       (1) the licensee knew or should have known that the individual was visibly intoxicated at the time of the sale, service, or furnishing of the alcohol; and

       (2) the individual's intoxication was a proximate cause of bodily injury, death, or property damage to the third party.

    (C) A licensee that sells, serves, or otherwise furnishes alcohol to an individual who is less than twenty-one years old shall only be civilly liable to a third party for actual or punitive damages arising out of the sale, service, or furnishing of alcohol to that individual if the individual's intoxication was a proximate cause of bodily injury, death, or property damage to the third party.

    (D) Upon the death of any party, the action or right of action authorized by this section will survive to or against the party's personal representative.

 

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

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