reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1110. Shipment and receipt of malt beverages.

If a registered producer and a beer wholesaler licensed by the State at the time that they were engaged in the shipment and receipt of malt beverages intended for sale in the State on May 1, 1974, and the shipment and receipt is continued until April 1, 1974, the limitations on the cancellation or termination of an agreement or contract, written or oral, franchise, or contractual franchise relationship provided in Section 61-4-1100(1)(b) and in Section 61-4-1100(2)(b) are applicable with respect to the shipment and receipt of the malt beverages, so that neither the registered producer nor the beer wholesaler has the right to discontinue the shipment and receipt except under the conditions specified in those subsections.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1115. Assignment of territory of beer brands binding on successor producer or primary American source of supply.

For the purpose of this article, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers, conveys, or assigns a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall, in good faith, enter into a new distribution agreement that is not inconsistent with the laws of this State.
HISTORY: 2001 Act No. 76, Section 5; 2005 Act No. 173, Section 1; 2007 Act No. 14, Section 2.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1120. Jurisdiction of court to enjoin cancellation or termination.

The court of common pleas has jurisdiction and power to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a registered producer upon the application of a beer wholesaler or producer who is or might be adversely affected by the cancellation or termination; and in granting an injunction, the court must make provisions necessary to protect the beer wholesaler or registered producer while the injunction is in effect including, but not limited to, a provision that the registered producer must not supply the customers of the beer wholesaler by servicing the customers through other distributors or means or a provision that the beer wholesaler must continue to supply to his customers the products of the registered producer. Application may be made by the beer wholesaler or producer to the appropriate court in the county in which the business of the wholesaler is located. The court may require a bond to be posted by the party seeking the injunction, securing the party enjoined for damages in an amount in the court's discretion.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1130. Sale of beer wholesale interest.

(1) Except as hereinafter provided, a proposed sale of an interest in the business carried on by a beer wholesaler which under the laws of this State would require that the purchaser obtain a permit to operate as a beer wholesaler is subject to the department's approval of the purchaser as an applicant for a permit authorizing the sale of beer. If the application of the prospective purchaser for the permit is approved, it is unlawful, notwithstanding the terms, provisions, or conditions of a written or oral contract or the franchise agreement between the beer wholesaler and the registered producer, for a registered producer to fail or refuse to approve the transfer or change of ownership.
(2) Except as hereinafter provided, a proposed voluntary transfer of an interest in the business carried on by a beer wholesaler or a transfer of ownership in the business by reason of death is subject to the registered producer's approval of the prospective transferee. This approval must not be unreasonably withheld. If the registered producer does not give notice of disapproval by certified mail within sixty days after receipt of notification of the proposed voluntary transfer or within sixty days after the death of the owner of the interest, the right of disapproval may not thereafter be exercised.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1140. Enforcement.

The division is empowered to investigate violations of this article and to furnish to the prosecuting attorney of a court having jurisdiction of the offense information with respect to violations of this article. The division has the power to enforce compliance with the provisions of an injunction granted by the court under the terms of this article; and if the court finds that there has been a violation of the provisions of an injunction granted by it, the department may revoke or suspend the permit of a beer wholesaler and may revoke the registration of a registered producer and its right to ship beer into the State.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1300. Territorial agreements.

Pursuant to the authority of the State under the Twenty-First Amendment to the United States Constitution and to promote the public's interest in fair and efficient distribution of beer, ale, porter, and other similar malt or fermented beverages, and to ensure the public's interest in uniform and effective control of the distribution of these beverage products in the State, a wholesaler may sell any brand of these beverage products in this State only in the territory described in a distribution agreement filed pursuant to this article authorizing sale by the wholesaler of the brand in that designated area. Within that designated area, the wholesaler must service all holders of retail permits without discrimination. The distribution agreement must be in writing, must specify the brands it covers, and must be filed with the department. If a brewer sells more than one brand, the agreement need not apply to all brands sold by the brewer and may apply to only one brand. No brewer, importer, or other supplier may provide by a distribution agreement for the distribution of the brand filed pursuant to this article to more than one wholesaler for all or any part of the designated territory. However, a wholesaler may, upon approval of the department, service a territory outside the territory designated in its distribution agreement during periods of temporary service interruptions when requested by the brewer and the wholesaler whose service is temporarily interrupted.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1310. Filings with the department.

A wholesaler must file (1) a copy of its distribution agreement with the department within sixty days after its adoption, and (2) any amendments to the agreement within sixty days after their adoption.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1320. Resale price agreements.

No provision of a distribution agreement may expressly, by implication, or in its operation establish or maintain the resale price of any brand of these beverage products by a wholesaler.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1500. Breweries and wineries.

A person may construct, maintain, or operate a brewery or winery in this State for the production of any beverage lawful under this chapter.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1510. Permit applications.

Before a person constructs, maintains, or operates a brewery or winery as provided by the provisions of this article, the person must apply to the department for a permit. The application must be in writing in a form the department prescribes. Except as otherwise provided in this section, the applicant must pay a biennial permit tax of two hundred dollars upon each brewery and on each commercial winery to be established and operated. The permit tax must be paid to and collected by the department before a permit is issued. Permits as provided by the provisions of this section expire as mandated by Section 61-2-120. No refund may be made to a dealer who ceases business after obtaining a permit.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 70, Section 7.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1520. Violation of rule or regulation.

Upon violation of a rule or regulation for the operation of breweries and commercial wineries authorized under this article, the license or permit provided for herein must be canceled immediately and becomes null and void.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1530. Operation of brewery or winery without permit.

A person who operates a brewery or winery without a permit or after his permit has been canceled by the department is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five thousand dollars or imprisoned not more than one year, or both.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1540. Adoption of Chapter 21 of Title 12.

For the purpose of administration and enforcement of this article, the provisions of Chapter 21 of Title 12, when applicable, are adopted and made a part of this article.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1700. Definitions.

For purposes of this article:
(1) "Brewpub" means a tavern, public house, restaurant, or hotel which produces on the permitted premises a maximum of two thousand barrels a year of beer for sale on the premises.
(2) "Permitted premises" means those areas normally used by the permittee or licensee to conduct his business and includes, but is not limited to, the selling areas, brewing areas, storage areas, food preparation areas, and parking areas.
(3) "Person" means an individual, partnership, corporation, or other form of business organization.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1710. Permits.

The department may issue a brewpub permit to a person to operate a brewpub in this State subject to the requirements of this chapter and the payment of a biennial brewpub permit fee of two thousand dollars.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1720. Permit in lieu of certain other permits.

The brewpub permit provided for in this article is in lieu of a permit required for the manufacture of beer or sale of beer and wine including, but not limited to, a brewer's and retailer's permit. The sale of alcoholic liquors for consumption on the premises by the drink requires an appropriate license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title. A brewpub that becomes a brewery pursuant to Section 61-4-1515 must relinquish its brewpub permit in accordance with the requirements of that section.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 8; 2017 Act No. 50 (S.275), Section 2, eff May 19, 2017.
Effect of Amendment
2017 Act No. 50, Section 2, added the third sentence, providing that a brewpub that becomes a brewery must relinquish its brewpub permit.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1730. Taxation.

Beer brewed on a permitted premises pursuant to this article must be taxed as provided in Section 12-21-1035. The permittee shall maintain adequate records as determined by the department to ensure the collection of this tax.
HISTORY: 1996 Act No. 415, Section 1; 2001 Act No. 89, Section 54.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1740. Authority of permittee.

A brewpub permit authorizes the holder to:
(1) produce on the permitted premises a maximum of two thousand barrels a year of beer for sale:
(a) on draft for consumption on the premises;
(b) in a sanitary container brought to the premises by the purchaser and filled at the tap by the permittee at the time of sale; and
(c) in bottles for consumption by the purchaser off the premises;
(2) sell the beer of a producer which has been purchased from a wholesaler through the normal three-tier distribution chain set forth in Section 61-4-940;
(3) serve food or otherwise be qualified as a public eating establishment. This provision may not be construed to exempt a permittee or licensee from the requirement that food must be served in order for a license for the consumption of alcoholic liquors on the premises to be issued.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1750. Compliance with DHEC rules and regulations.

No person holding a brewpub permit may sell beer, ale, porter, or other similar malt or fermented beverages on draft, on tap, from kegs, or from other containers unless approved by the rules and regulations of the Department of Health and Environmental Control governing eating and drinking establishments and other retail food establishments.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1910. Definitions.

For purposes of this article:
(1) "Keg" means a metal container of beer with a capacity of 5.16 gallons or more that is designed to dispense beer directly from the container in an off-premises location.
(2) "Retail licensee" means the holder of a retail beer or wine license issued by the Department of Revenue.
HISTORY: 2007 Act No. 103, Section 3; 2009 Act No. 44, Section 1, eff June 2, 2009.
Effect of Amendment
The 2009 amendment, in item (1) defining "keg", added "metal".
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1920. Keg registration requirements; underage transfer statement; returned kegs; deposit.

(A) A retail licensee shall not sell a keg of beer without:
(1) recording the date of sale, the keg identification number, the name, address, and birth date of the purchaser, and the driver's license or identification card number presented by the purchaser;
(2) requiring the purchaser to sign a statement attesting to the accuracy of the purchaser's information, acknowledging that, unless otherwise permitted by law, it is unlawful to transfer beer to a person under the age of twenty-one, and that, unless otherwise permitted by law, the beer in the keg will not be consumed by a person under the age of twenty-one; and
(3) attaching an identification tag to the keg with the name, address, and license number of the retail licensee and the keg identification number. An identification tag must consist of paper, plastic, metal, or durable material that is not easily damaged or destroyed. An identification tag must be attached to the keg at the time of the sale with a nylon tie or cording, wire tie or other metal attachment device, or other durable means of tying or attaching the tag to the keg.
(B) The Department of Revenue shall prescribe and provide the form to be used that contains the keg identification information and the purchaser's statement. The Department of Revenue also shall prescribe and provide the keg identification tag and the manner in which the tag must be attached to the keg.
(C) The retail licensee shall maintain the keg identification form and the purchaser's statement form for a minimum of ninety days from the date the keg is purchased. These forms must be available during normal business hours for inspection by the Department of Revenue and appropriate law enforcement agencies.
(D) The retail licensee shall record the date of return of a keg on the proper identification form. After the keg is returned, it shall be the responsibility of the retail licensee to remove the tag. The purchaser shall receive a receipt from the retail licensee that the keg was returned with the tag appropriately affixed. If there is no tag affixed to the keg or if the identification number is not legible, the retail licensee shall indicate this fact on the proper keg identification and purchaser statement form.
(E) A retail licensee must accept all returned kegs, and upon the licensee's discretion, may not refund the deposit for a keg that has an altered identification number.
(F) A retail licensee who violates the provisions of this section is subject to suspension or revocation of his beer or wine license or monetary penalties pursuant to Section 61-4-250. A person who violates a provision of this section:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars.
HISTORY: 2007 Act No. 103, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1930. Possession of untagged keg; penalty.

(A) A person may not knowingly possess a keg that does not have the proper tag with all information accurately recorded, unless the person can demonstrate by a preponderance of the evidence that the keg was not correctly tagged by the seller pursuant to the requirements of Section 61-4-1920.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, or licensee.
HISTORY: 2007 Act No. 103, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-1940. Removal or alteration of tag; penalty.

(A) A person may not purposefully remove, alter, obliterate, or allow to be removed, altered, or obliterated, a keg tag or other information recorded on the tag.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, licensee, the Department of Revenue, or other appropriate law enforcement agency.
HISTORY: 2007 Act No. 103, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-30. Excluded products; violations.

No provision in the ABC Act applies to alcohol intended for use in the manufacture and sale of any of the following when they are unfit for beverage purposes:
(1) Denatured alcohol produced and used pursuant to acts of Congress and regulations promulgated thereunder;
(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic, and toilet preparations;
(3) Flavoring extracts, syrups, and food products; and
(4) Scientific, chemical, mechanical, and industrial products.
A person who knowingly sells any product enumerated in items (1), (2), (3), or (4) for beverage purposes is guilty of a misdemeanor and, upon conviction, is subject to a fine of not more than two hundred dollars or imprisonment of not more than sixty days, or both. No provision of the ABC Act applies to ethyl alcohol intended for use by hospitals, colleges, governmental agencies, or other permittees entitled to obtain this alcohol tax free, as provided by acts of Congress and regulations promulgated thereunder.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-40. Relationship with other laws.

The ABC Act is declared to be complementary to and not in conflict with the laws providing for the lawful sale of beers, wines, and other vinous, fermented, or malt liquors.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-50. Wilful violation of rule or regulation.

The wilful violation of any rule or regulation made under the provisions of the ABC Act constitutes a violation of the act. The determination of what action constitutes a wilful violation shall be made pursuant to the terms within the provisions of the ABC Act and no regulation shall be promulgated or enforced that exceeds the requirements of the ABC Act.
HISTORY: 1996 Act No. 415, Section 1; 2006 Act No. 386, Section 51.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-60. Administration and enforcement personnel.

The division may employ inspectors or agents necessary for the proper administration and enforcement of the provisions of the ABC Act. The salaries of these inspectors or agents must be fixed by the division. The Governor shall commission as state constables inspectors or agents as are certified by the division in order that they have adequate authority as peace officers to enforce these provisions. An inspector or agent must, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 2 of the Constitution of South Carolina, and any additional oath required by law, and must give bond payable to the State in a form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company authorized to do business in this State and approved by the division, conditioned upon the faithful discharge of his duties. The bonds must be filed with and preserved by the Secretary of State.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-70. Personnel.

The department and the division may, in their discretion, employ clerical, stenographic, and other personnel, including chemists, necessary to administer the ABC Act, and may prescribe their duties and fix their compensation. The department or the division may require any employee to furnish bond conditioned upon the faithful performance of his duty. The bond must be filed with and preserved by the department or the division.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-80. Annual reports.

The department and the division must file annually with the Governor and the General Assembly their annual reports as of June thirtieth of each year, and must report to the Governor on their affairs generally or on special matters as often as he requires.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-100. Authority to issue, suspend, and revoke licenses.

Except as otherwise provided, the department has sole and exclusive power to suspend and revoke all licenses provided for in the ABC Act. The department may issue, subject to revocation, the following licenses under this article:
(1) manufacturers' licenses which authorize the licensees to manufacture alcoholic liquors and to sell and deliver or ship them, in accordance with regulations, in bottles or in similar closed containers to a person in this State who has a wholesaler's license issued under this article, and in barrels, bottles, or other closed containers to persons outside this State. However, no deliveries or shipments may be made into another state whose laws prohibit the consignee from receiving or selling alcoholic liquors;
(2) wholesalers' licenses which authorize the licensees to purchase, store, keep, possess, import into this State, transport, sell, and deliver alcoholic liquors in bottles or similar closed containers, in accordance with regulations, to a person having a manufacturer's or retail dealer's license issued under this article; and
(3) retail dealers' licenses which authorize the licensees to purchase alcoholic liquors from wholesalers having licenses issued under this article, and to store, keep, possess, and sell alcoholic liquors at retail for consumption in compliance with the provisions of the ABC Act and regulations not in conflict herewith.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-110. Qualifications for license.

Unless the department in its discretion otherwise orders, no person is eligible for a license under this article or Article 7 of this chapter if he or the person who will have actual control and management of the business proposed to be operated:
(1) is less than twenty-one years of age;
(2) is not a legal resident of the United States and has not been a resident of South Carolina for at least thirty days before the date of application and has maintained his principal place of abode in South Carolina for at least thirty days before the date;
(3) is not of good repute; or
(4) has had a license under this or another statute regulating the manufacture or sale of alcoholic liquors which has been revoked within five years preceding the filing of the application.
HISTORY: 1996 Act No. 415, Section 1.
Editor's Note
2018 Act No. 147, Section 6, provides as follows:
"SECTION 6. (A)(1) Until May 31, 2018, the department shall not issue more than three retail dealer licenses to one licensee, and the licensee must be eligible for a license for each store pursuant to Section 61-6-110.
"(2) The limitation of no more than three retail dealer licenses to one licensee does not apply to a person having an interest in retail liquor stores as of July 1, 1978. Additional retail dealer licenses may be issued to that person as provided in this section.
"(B) Beginning June 1, 2018, no more than four retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.
"(C) Beginning June 1, 2020, no more than five retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.
"(D) Beginning June 1, 2022, no more than six retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110."
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-151. Prohibitions on licensee's interests in retail liquor stores.

To protect the health, safety, and morals of the residents of this State, no person, directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the second degree, may have any interest whatsoever in a retail liquor store licensed under this section except the six stores covered by his retail dealer's licenses, pursuant to Section 61-6-141.
HISTORY: 2018 Act No. 147 (H.4729), Section 3, eff April 4, 2018.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-160. Unincorporated towns and communities.

The department may, in its discretion, after investigation by the division, license retail dealers in unincorporated towns and communities when it would be to the interest of the unincorporated town or community to have a licensed retail dealer therein. However, the department may not license a retail dealer in any locality unless the department determines that the locality is under proper police protection.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-170. Retail dealer licenses per community.

The department may, in its discretion, limit the further issuance of retail dealer licenses in a political subdivision if it determines that the citizens who desire to purchase alcoholic liquors therein are more than adequately served because of (1) the number of existing retail stores, (2) the location of the stores within the subdivision, or (3) other reasons.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-180. Notice of application.

(A) A person who intends to apply for a license under this article or Article 7 of this chapter must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department must determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this section. The notice must be in the legal notice section of the paper or in an equivalent section if the newspaper has no legal notice section, be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for, and the exact location at which the proposed business is to be operated. An applicant for a beer or wine permit and an alcoholic liquor license may use the same advertisement for both if the advertisement is approved by the department.
(B) Notice also must be given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(1) state the type of license sought;
(2) state where an interested person may protest the application;
(3) be in bold type;
(4) cover a space at least twelve inches high and eighteen inches wide;
(5) be posted and removed by an agent of the division.
The provision of this section requiring publication of notice do not apply to a person licensed under the provisions of this article or Article 7 of this chapter when the licensee applies to the department for a renewal of his license to engage in the same business at the same location.
HISTORY: 1996 Act No. 415, Section 1; 2000 Act No. 304, Section 1; 2003 Act No. 70, Section 8.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-185. Protest of issuance or renewal of license; attendance at hearing; court costs and other penalties.

(A) A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.
(B) Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Court. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs.
HISTORY: 1998 Act No. 363, Section 2; 2005 Act No. 139, Section 11.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-195. Retail dealer must certify purchases from wholesaler.

The department must not issue or renew a retail dealer's license until the applicant has certified that the applicant has not purchased and will not purchase alcoholic liquors from another person who does not hold a wholesaler's license.
HISTORY: 2014 Act No. 223 (H.3512), Section 3, eff July 1, 2014.
Subarticle 5
Temporary Permits
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-500. Consumption and possession of alcoholic beverages in publicly-owned auditoriums, coliseums, or armories.

(A) Notwithstanding any other provision of law, the authorities in charge of a publicly-owned auditorium, coliseum, or armory may allow the possession and consumption of beer, wine, and alcoholic liquors on their premises.
(B) It is unlawful for a person to possess or consume beer, wine, or alcoholic liquors on the premises of a publicly-owned auditorium, coliseum, or armory unless the authorities in charge specifically have approved the possession or consumption of those beverages. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 70, Section 9.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-505. Temporary retail liquor license upon purchase or acquisition of retail business.

(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance and:
(1) the applicant currently holds a valid retail liquor license; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State.
HISTORY: 1996 Act No. 458, Part II, Section 58A; 1998 Act No. 442, Section 5B.
Subarticle 7
License for Wine, Liquors, and Other Beverages Used in Cooking
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-700. Food service establishments.

An establishment which offers meals to the public must be licensed by the department to purchase and possess liqueurs, wines, and similar alcoholic beverages used only in the cooking and preparing of foods served by the establishment. Application for the license must be in a form and under conditions prescribed by the department. The license fee is fifty dollars. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars, and other licenses he holds from the department pursuant to the provisions of this title must be revoked.
The license provided in this section does not alter or limit the privileges or responsibilities for holders of licenses issued to authorize the possession, sale, and consumption of alcoholic liquors by the drink pursuant to the provisions of Article 5 of this chapter. An establishment so licensed may use alcoholic liquors in the preparation of food without obtaining the license provided for in this section.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 12.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-710. Special food manufacturer's license.

Notwithstanding any other provision of this title, a person who manufactures in this State food items such as sauces and marinades in which there is an alcoholic beverage ingredient and who does so under an agreement with the alcoholic beverage manufacturer must apply for a special food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverage directly from the manufacturer in containers holding greater quantities of liquor than are sold to a retail consumer. The department must establish the form of the application for the special food manufacturer's license.
HISTORY: 2003 Act No. 40, Section 1.A.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-720. Licensing of bakeries using alcoholic beverages as ingredients; fee; restrictions.

Notwithstanding any other provision of this title, a person who operates in this State a bakery for the preparation of food items, in which food items alcoholic beverages are used as ingredients, and which food items are manufactured for and sold at wholesale, must apply for a special bakery food manufacturer's license from the department, in accordance with Section 61-2-100, to purchase the alcoholic beverages from a wholesaler licensed pursuant to Section 61-6-100(2), or from a retailer licensed pursuant to Section 61-6-100(3), or from a manufacturer in containers holding greater quantities of alcoholic liquor than wholesalers or retailers have authority to sell. The department must establish the form of the application for the special bakery food manufacturer's license. The license fee for this biennial license is one thousand dollars. Alcoholic liquor purchased pursuant to this section may only be used in the preparation of food items. The department must revoke the special bakery food manufacturer's license of any operator which permits the consumption of alcoholic liquor as a beverage of liquor purchased pursuant to this section or which transfers alcoholic liquor purchased pursuant to this section to any other person.
HISTORY: 2006 Act No. 386, Section 19.B.
Subarticle 9
Refusal, Suspension, or Revocation of Licenses
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-900. Death of licensee.

In the event of a licensee's death, except in the case of a license issued to more than one person, the personal representative of the deceased licensee may, with the consent of the probate court and upon permit of the department, continue the operation of the business covered by the license. If the personal representative elects to discontinue the business or if the department does not issue a permit for its continuance, the unearned portion of the license tax, computed on the basis of the cost of the license per month for the period for which the license was issued, must be refunded to the personal representative. Alcoholic liquors of the deceased which are subject to the control of the personal representative may be sold by him as provided in Section 61-6-950.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-910. Qualifications for license.

The department must refuse to issue any license under this article or Article 7 of this chapter if the department is of the opinion that:
(1) the applicant is not a suitable person to be so licensed;
(2) the store or place of business to be occupied by the applicant is not a suitable place; or
(3) a sufficient number of licenses have already been issued in the State, incorporated municipality, unincorporated community, or other community.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-920. Suspension or revocation of license.

The department may suspend or revoke a license issued under this article or Article 7 of this chapter if it determines that:
(1) the licensee is not a suitable person to hold the license; or
(2) the store or place of business occupied by the licensee is not a suitable place.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-930. Revocation of wholesaler's license.

The department must revoke the license of a wholesaler if proof is obtained that the wholesaler has a direct or an indirect interest in a retail store.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-940. Indebtedness of retailer to wholesaler.

The department must immediately revoke a retail license to sell alcoholic liquors if the licensee or an officer of the licensee is, during the effective period of the license, indebted to a wholesaler licensed by the department, except an indebtedness for current purchases of alcoholic liquors which are not past due.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-950. Sale of alcoholic liquors by former licensee.

Alcoholic liquors owned by or in possession of a licensee for sale at the time the license is suspended or revoked or otherwise terminated may, upon the issuance by the department of a permit, within the time fixed in the permit, and upon those conditions as the department specifies, be sold by the licensee to licensed manufacturers, wholesalers, or retail dealers or may, upon a permit issued by the department and within the time fixed in the permit, be sold to persons outside this State for resale outside the State. However, no deliveries or shipments may be made into another state whose laws prohibit the consignee from receiving or selling alcoholic liquors. The time fixed by the department in a permit under this section must not be less than sixty days.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1095. Definitions

For the purposes of this subarticle:
(A) "Micro-distillery" means a manufacturer who distills, blends, and bottles alcoholic liquors on the licensed premises in this State with an alcohol content greater than seventeen percent and who produces a maximum quantity of one hundred twenty-five thousand cases per year at the licensed premises.
(B) "Licensed premises" means a location where the micro-distillery or manufacturer is licensed pursuant to this subarticle for the manufacture, tasting, and retail sales of alcoholic liquors produced at the licensed location and includes those areas normally used by the licensee to conduct his business, and includes the producing areas, storage areas, tasting areas, selling areas, and parking lots.
(C) "Person" means an individual, partnership, corporation, or other form of business entity.
HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1100. Restrictions upon manufacturers.

A manufacturer may not own or operate more than one plant, establishment, or place of business for the manufacture of alcoholic liquors in any one county of this State, nor may he permit the drinking of alcoholic liquors on his premises, except as otherwise authorized by this subarticle.
HISTORY: 1996 Act No. 415, Section 1; 2009 Act No. 11, Section 1, eff May 6, 2009.
Effect of Amendment
The 2009 amendment added at the end ", except as otherwise authorized by this subarticle" and made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1110. Manufacturer's license; fee.

The department may issue a manufacturer's license to a person to manufacture alcoholic liquors in the State subject to the requirements of this chapter and a payment of a biennial manufacturer license fee of fifty thousand dollars. This section is not applicable to a micro-distillery as defined and licensed pursuant to the provisions of this subarticle.
HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1120. Micro-distillery licenses; fee.

(A) The department may issue a micro-distillery license to a person to operate one micro-distillery in the State subject to the requirements of this chapter and payment of a biennial micro-distillery license fee of five thousand dollars.
(B) A micro-distillery is not required to obtain an additional manufacturing and retail liquor license required pursuant to this title.
HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009.