reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-4360. Notice of motor vehicle seizure.

(A) If a chattel seized under this article is a vehicle registered with the Department of Motor Vehicles, the sheriff must obtain from the Department of Motor Vehicles the name and address of the person in whose name the car is registered and must notify the person by registered mail of the seizure. If the chattel is a vehicle registered in another state, the sheriff must request from the Department of Motor Vehicles the name and address of the registered owner of the vehicle and must notify the owner in like manner.
(B) Immediately upon notification from the sheriff as required by subsection (A) or upon notice from the department that the name of the registered owner of the seized vehicle cannot be ascertained, the sheriff must give notice of the seizure made under this article by advertisement at least once a week for a period of three weeks in a paper of general circulation in the county. The advertisement must allege the seizure, describe the chattel, set forth in general terms the grounds of forfeiture of the seized property, and the date upon which the sale is to be made, which date must be not less than sixty days after seizure of the chattel.
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 61-6-4370. Sale of chattel.

If, before the date set for sale of a chattel seized under this article, no person claiming an interest in the chattel, as owner, lienholder, or otherwise appears and gives notice to the sheriff as required in Section 61-6-4390, the chattel must be sold at public auction to the highest bidder.
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 61-6-4380. Proceeds of sale.

If a chattel has been seized by municipal officers, the proceeds of a sale under Section 61-6-4370, less the necessary expenses of advertising and storage, must be paid to the municipality for its use. Otherwise, the proceeds must be paid to the county treasurer of the county where the chattel was seized.
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 61-6-4390. Actions to recover possession of chattel.

Before sale of a chattel under Section 61-6-4370, the owner, any person indebted or liable for the purchase price of the chattel, and any lienholder may bring an action to recover possession of the chattel or to recover the value of his interest in the property from the proceeds of the sale; in a proceeding under this section, the sheriff must be made a party defendant. The solicitor of the circuit in which the seizure occurred must defend all these suits.
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 61-6-4400. Stay of sale; appraisals.

Upon service upon the sheriff of a proceeding under Section 61-6-4390, he must stay the sale, retain the chattel, and await the order of the court. The sheriff must have the chattel appraised as appraisals are provided for in attachment cases under Section 15-19-270, must transmit the appraisal to the court, and must keep a copy of the appraisal in his office.
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 61-6-4410. Bonds for immediate possession of chattel.

If the owner or other person claiming an interest in a chattel seized under this article desires to obtain immediate possession of the chattel, the court may order delivery to the claimant upon execution by him of a bond payable to the sheriff having possession of the seized property, in an amount equal to the appraised value of the chattel, with security to be approved by the clerk of court. The bond must be conditioned on returning the chattel at the time of the hearing of the proceeding or at a time as the court may order. In addition, the court may order the claimant to pay the difference between the appraised value of the chattel as of the time it has been so released on bond and the appraised value as of the time of its return; and conditioned further that if the chattel is not returned as ordered, the bond stands in lieu of and is forfeited in the same manner as the chattel. Notwithstanding the provisions of this section, the court may, in its discretion, refuse to order delivery of possession.
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 61-6-4420. Proof of claim.

In a proceeding brought to recover possession of a chattel seized under this article or to recover the value of an interest therein, no claim shall be allowed unless the claimant proves: (a) that he has an interest in the chattel, as owner or otherwise, which he acquired in good faith; (b) that he had at no time knowledge or reason to believe that the chattel was being or would be used in violation of the laws of this State relating to liquor; and (c) if it appears that the interest asserted by the claimant was acquired after March 28, 1956, and arises out of or is subject to any contract or agreement under which a person having a record or reputation for violating state or federal laws relating to liquor, has a right with respect to the chattel, that, before the claimant acquired his interest, or other person acquired his right under the contract or agreement, whichever occurred later, the claimant, his officer, or agent was informed, in answer to his inquiry, at the headquarters of the sheriff and police chief of the locality in which the other person acquired his right under the contract or agreement and of the locality in which the other person then resided, that the other person had no such record or reputation.
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 61-6-4430. Release of seized chattel.

If the claimant is the owner of the chattel and he prevails in a proceeding under Section 61-6-4390, the court must release the chattel from forfeiture and restore it to the owner.
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 61-6-4440. Settlement of claims; joint claimants.

If the claimant in a proceeding under Section 61-6-4390 is a lienholder whose claim is allowed and whose interest is first in order of priority among the claims and is of an amount equal to or in excess of the appraised value of the chattel, the court must release the chattel from forfeiture and order its return to him. If the claim is less than the appraised value of the chattel, the claimant may have the chattel delivered to him upon payment of the difference. If the claims of two or more lienholders whose interests are not subject to any prior or intervening interests claimed and allowed in the proceedings are allowed and are of a total amount equal to or in excess of the appraised value of the chattel, the court must, at the request of these claimants, order return of the chattel to the joint requesting claimants as are designated in the request. If the total amount of the claim is less than the appraised value of the chattel, the claimants may, upon payment of the difference, have the chattel delivered to those who are designated in the request.
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 61-6-4450. Distribution of proceeds.

If delivery is not demanded by the claimant or claimants in a proceeding under Section 61-6-4390, the court must order the sale of the chattel by the sheriff. Out of the proceeds of the sale the following must be paid in the following order of priority:
(1) the claim or claims allowed in order of their priority as determined by the court;
(2) the costs; and
(3) the residue must be paid to the municipality or to the county treasurer as set forth in Section 61-6-4380.
If no claim is proven and established as provided in this section, the court must order the sale of the chattel by the sheriff and the proceeds from the sale, after payment of costs, paid as set forth in this section.
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 61-6-4460. Clear title.

A person who purchases any chattel at a sale made by the sheriff under the provisions of this article acquires full and complete title to the chattel free and clear of prior claims, liens, or encumbrances.
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 61-6-4470. Proceedings against confiscated alcoholic liquors.

For the purpose of confiscating alcoholic liquors under the ABC Act, the provisions of Sections 12-21-2900 to 12-21-2950 must be followed as nearly as practicable.
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 61-6-4480. Sheriffs' reports of seized chattels.

The sheriff of each county must, upon seizure of or delivery to him of a chattel seized under the provisions of this article, report the seizure of the chattel to the department setting forth in the report a description of the chattel, the name of the owner if known, the grounds upon which the chattel was seized, by whom the chattel was seized, and the appraised value of the chattel if an appraisal has been made. The sheriff must, after the chattel has been sold or disposed of in accordance with the provisions of this article, make a report to the department setting forth the amount of the sale, the purchaser, the disposition of the proceeds, or whatever disposition has been made of the chattel by the sheriff pursuant to an order of the court.
The department must establish a system for the filing and recording of these reports.
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 61-6-4490. Preemption of field.

Ordinances of political subdivisions of this State prohibiting the acts prohibited by the provisions of this article, except Section 61-6-4720, are hereby suspended, it being declared that the State has occupied the field of the subjects covered thereby. Judicial and law enforcement officers of political subdivisions of this State must enforce these provisions within their respective jurisdictions.
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 61-6-4500. Municipal court jurisdiction.

Municipal courts must try and determine all cases involving a violation of this article, except Section 61-6-4720, occurring within the limits of the municipality in cases where the penalties prescribed do not exceed a fine of one hundred dollars or imprisonment for thirty days. These courts have jurisdiction over these criminal cases the same as that had by magistrates, with the right and duty of sending these cases occurring within the municipal limits but beyond their jurisdiction to try to higher courts. A person convicted hereunder in municipal court must be treated as a municipal prisoner.
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 61-6-4510. Municipal police officers.

Municipal police officers have the power of constables to enforce the provisions of this article, except Section 61-6-4720, in cases arising within the municipal limits; and in addition, have all powers to enforce these provisions as they have to enforce municipal ordinances. When in fresh and continuous pursuit of a suspect for violations of these provisions occurring within the municipal limits, police officers may follow and arrest the suspect anywhere in the 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 61-6-4520. Federal labeling law.

It is unlawful for a person to sell or otherwise introduce into commerce alcoholic liquors lawful under the provisions of this title, unless labeled in accordance with the provisions of the Federal Alcoholic Administration Act and rules and regulations promulgated thereunder. A violation of the provisions of this section subjects the alcoholic liquors found in the possession of a person violating this section to seizure, confiscation, and sale, as provided in Section 61-6-4310.
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 61-6-4530. Notes of indebtedness.

A note or other evidence of indebtedness contracted in the sale or transportation of unlawful liquors is null and void. Nor may an action or suit for the recovery of the indebtedness be entertained in any court in this 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 61-6-4540. Search warrants.

Upon affidavit, which may be on information and belief, to the effect that contraband liquors are being unlawfully concealed, kept, or stored in any place, a search warrant may be issued by a magistrate of the county empowering an officer or person who may be deputized to enter the place and to search the premises for the purpose of seizing the contraband liquors concealed, kept, or stored. The liquors, when seized, must be disposed of as provided for the disposition of unlawful 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 61-6-4550. Discount prices.

No person who holds a biennial license to sell alcoholic liquors for on-premises consumption may advertise, sell, or dispense these beverages for free, at a price less than one-half of the price regularly charged, or on a two or more for the price of one basis. Alcoholic liquors may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. The prohibition against dispensing the beverages for free does not apply to dispensing to a customer on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial license has been issued, or to a customer attending a function sponsored by the person who holds a biennial license. However, no more than two functions may be sponsored each year, and must be authorized by the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.
HISTORY: 1996 Act No. 415, Section 1.
Subarticle 1
Authorized and Unauthorized Possession and Consumption of Alcoholic Liquors
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-4700. Consumption of alcoholic liquor on premises.

It is unlawful for a person to drink alcoholic liquors on the premises of a retail, wholesale, or manufacturing alcoholic liquor business or business establishment. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, by a fine of one hundred dollars or imprisonment for thirty days;
(b) for a second offense, by a fine of two hundred dollars or imprisonment for sixty days; and
(c) for a third or subsequent offense, by a fine of three hundred dollars or imprisonment for ninety 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 61-6-4710. Lawful possession or consumption.

(A) A person who is twenty-one years of age or older may possess or consume lawfully acquired alcoholic liquors:
(1) in a private residence, hotel room, or motel room;
(2) or on other property not engaged in business or commercial activity, at private gatherings, receptions, or occasions of a single and isolated nature and not on a repetitive or continuous basis, with the express permission of the owner and any other person in possession of the property, and to which the general public is not invited. However, this must not be construed to authorize the possession or consumption of alcoholic liquors on premises open to the general public for which a license has been obtained pursuant to Sections 61-6-1600 or 61-6-1610.
(3) in separate and private areas of an establishment whether or not the establishment includes premises which are licensed pursuant to Sections 61-6-1600 or 61-6-1610, where specific individuals have leased these areas for a function not open to the general public.
(B) It is unlawful for a person to possess or consume alcoholic liquors upon any premises where the person has been forbidden to possess or consume alcoholic liquors by the owner, operator, or person in charge of the premises.
A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty 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 61-6-4720. Consumption of alcoholic liquor in public conveyance.

A person who drinks alcoholic liquors in a public conveyance in this State is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned not more than thirty days. This section does not apply to a railroad dining or club car or to an aircraft of a commercial airline transporting passengers for hire.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-10. Common nuisances.

The unlawful sale, barter, exchange, storage or keeping in possession in this State of spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors or beverages or a compound or mixture thereof which contains alcohol and is used as a beverage is hereby declared a common nuisance.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-20. Arrest warrants and search warrants.

Any person may appear before a magistrate in the county and swear out an arrest warrant on personal knowledge or on information and belief charging a nuisance, giving the names of witnesses against the keeper or manager of the place and his aides and assistants, if any. The magistrate must direct the arrest warrant either to the sheriff of the county or to a special constable commanding the defendant to be arrested and brought before him to be dealt with according to law and may issue a search warrant in which the premises in question must be particularly described, commanding the sheriff or constable to search thoroughly the premises in question and to seize all alcoholic liquors found thereon, to seize all vessels, bar fixtures, screens, bottles, glasses, and appurtenances apparently used or suitable for use in retailing liquors, and to make a complete inventory thereof and deposit it with the sheriff. Liquors so seized must, if no action to recover them is begun within thirty days after the seizure or if an action is begun and the judgment of the court is adverse to the plaintiff, be destroyed publicly by the sheriff of the county.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-30. Disposition; binding over for trial.

Under the arrest warrant, the defendant must be arrested and brought before a magistrate and the case must be disposed of as other crimes, except that when the magistrate commits or binds over the parties for trial to the next term of court of general sessions for the county, he must make out each paper in the case in duplicate and file one with the clerk of the court for the county and immediately transmit the other to the solicitor of the circuit.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-40. Restraining orders or injunctions.

Upon receipt of any such paper, the solicitor immediately must apply to a circuit judge at chambers in that circuit, or to the nearest circuit judge if there is none in that circuit, for an order or injunction restraining the defendants, their servants, or agents from keeping, receiving, bartering, selling, or giving away alcoholic liquors until the further order of the court or perpetually after hearing after notice to the defendant. The circuit judge must grant the restraining order or injunction without requiring a bond or undertaking upon the hearing or receipt by him of the magistrate court papers from the solicitor. A violation of the restraining order or injunction is considered a contempt of court and punishable as contempt by the court or another circuit judge, as for the violation of an order or injunction.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-50. Contempt proceedings.

A person who violates the terms of a restraining order granted in such proceedings must be punished for contempt by a fine of not less than two hundred dollars nor more than one thousand dollars and by imprisonment not less than ninety days nor more than one year. In contempt proceedings arising out of the violation of an injunction granted under the provisions of this chapter, the court or, in vacation, any judge thereof has power to try summarily and punish the party guilty as required by law. The affidavits upon which the attachment for contempt issues are prima facie evidence for the State. At the hearing upon the charge for contempt, evidence may be oral or in the form of affidavits, or both. The defendant shall not necessarily be discharged upon his denial of the fact stated in the moving papers. The clerk of court must, upon the application of either party, issue subpoenas for witnesses and, except as provided in this section, the practice in these contempt proceedings must conform as nearly as possible to the practice in the court of common pleas.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-60. Writs of replevin.

Liquors seized as provided in this chapter and the vessels containing the liquors must not be taken from the custody of the officers in possession thereof by a writ of replevin or other process, except as provided in Section 61-8-20. No suit shall lie for damages alleged to arise by seizure and detention of liquors under this chapter.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 8 - Nuisances › Section 61-8-70. Solicitor's failure to prosecute.

When a solicitor neglects or refuses to perform a duty or to take any steps required of him by a provision of this chapter, the Attorney General, on his own motion or by request of the Governor, must, in person or by an assistant, proceed to the locality and perform the neglected duty and take steps as are necessary in the place of the solicitor. The Attorney General may, in his discretion, cause a prosecution to be instituted not only in the matter neglected but also against the solicitor for malfeasance or misfeasance in office, for official misconduct, or for other charges justified by facts, and may pursue the prosecution to the extent of a conviction and dismissal from office of the solicitor. In this event, the Attorney General may appoint one or more additional assistants who must each receive while actually employed the same compensation, to be paid from the litigation fund of the Attorney General. Any duty imposed in this chapter upon a solicitor may be performed by the Attorney General or other person authorized by him to perform the duty.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-10. Sales by wholesale druggists.

A wholesale druggist may lawfully sell, in wholesale quantities only, pure alcohol for medical purposes only or grain alcohol to be used by chemists or bacteriologists actually engaged in scientific work to retail druggists and to public or charitable hospitals or to medical or pharmaceutical colleges. A wholesale druggist must at the end of each month in which one of these sales has been made file with the clerk of the court of the county in which he does business a statement in writing under oath giving the name of the purchaser, the price paid, the date of sale, and the quantity and character of the alcohol sold. If the wholesale druggist making the sale is not a resident of this State, the statement must be filed in the office of the clerk of the court of the county in which the purchaser resides.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-20. Sales by retail druggists.

A retail druggist whose place of business is located in a municipality of this State and who is a registered or licensed pharmacist or who regularly employs a registered or licensed pharmacist may sell, in the manner set out in this article and upon filing a bond in the sum of five thousand dollars to be approved by the clerk of the court of the county in which the druggist does business, conditioned for a faithful observance of the provisions of this article, pure alcohol for medical purposes only and grain alcohol to chemists and bacteriologists actually engaged in scientific work and for these purposes only. Nothing contained in this article prohibits the druggist from using alcohol in the compounding of prescriptions or other medicines, the sale of which would not subject him to the payment of a special tax required of liquor dealers by the federal government nor prohibits the druggist from compounding or selling medicinal preparations manufactured in accordance with formulas prescribed by the United States Pharmacopoeia and National Formulary which contain no more alcohol than is necessary to extract the medicinal properties of the drugs contained in these preparations and no more alcohol than is necessary to hold the medicinal agents in solution and which are manufactured and sold as medicines and not as beverages.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-30. Retail sales for medicinal purposes.

No sale of pure alcohol for medicinal purposes may be made by a retail druggist except upon the prescription of a regular practicing physician of this State who, before writing the prescription, makes an actual examination of the person for whom the prescription is issued.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-40. Prescriptions.

No prescription may be filled except on the day it is issued or the following day. No more than one-half pint of alcohol may be sold and delivered on one prescription. When a prescription is filled, it may not be refilled. No druggist who is also a practicing physician may fill his own prescription for pure alcohol nor shall the prescription be filled at a drugstore in which the physician is financially interested. The delivery of the alcohol sold by prescription must be made directly to the person for whom the prescription is issued, to the physician, or to a person authorized by the physician; or in case of a minor, to his parent, guardian, physician, or a person authorized by the physician.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-50. Form of prescriptions.

A prescription issued pursuant to this article must be substantially in the following form: "State of South Carolina - County. To - druggist. I, -, a regular licensed and practicing physician under the laws of this State, do hereby certify that I have examined -, a patient in my charge, and I do hereby prescribe for the use of the patient - alcohol. I further certify that the use of this alcohol is, in my judgment, absolutely necessary to alleviate or cure the illness or disease from which the patient is now suffering and that I am not interested in the drugstore to which this prescription is directed nor in the profits on the drugs herein prescribed.
Dated --. --- M. D."
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-60. Retail sales for artistic, scientific, or mechanical purposes.

A retail druggist whose place of business is located in a municipality of the State may sell alcohol in quantities not greater than five gallons to be used in the arts or for scientific or mechanical purposes and the druggist may sell, in like quantities, to chemists and bacteriologists engaged in scientific work and for these purposes only.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-70. Written statement of purpose.

A person desiring to purchase alcohol for any purpose set forth in Section 61-10-60 must sign a written printed statement giving his name, residence, occupation, the purpose for which he intends to use the alcohol, and a certification that the alcohol is purchased in good faith for this purpose only.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-80. Records retention.

The druggist must retain prescriptions for alcohol and the statements required by Section 61-10-70 for inspection as required by law for the retention of the prescription of narcotics and other drugs.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-90. Penalties.

A druggist or physician who violates the provisions of this article must, in addition to the punishment provided in this article, have his license revoked for not more than one year for each offense.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-220. Bonds.

A person who engages in the manufacture of alcohol under the provisions of this article must enter into a bond to the State in the sum of ten thousand dollars, with surety, to be approved by the Governor, conditioned for the faithful observance of and compliance with the provisions of this article. When any provision of this article is violated, the Attorney General and the circuit solicitors, may sue in any county in this State for the penalty of the bond for the benefit of the State.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-230. Sales or shipment of undenatured ethyl alcohol.

(A) A person engaged in the manufacture of ethyl alcohol as provided in Section 61-10-210:
(1) may not sell it in this State unless it is denatured;
(2) may ship ethyl alcohol undenatured to points outside this State for use in manufacturing and in the sciences and arts, but only in the manner provided in this subsection. This alcohol may be carried from a warehouse authorized under the provisions of this article and delivered to a common carrier and immediately shipped to its destination outside this State. This alcohol may also be transported to another bonded warehouse outside this State when the shipment is made under bond, as required by federal revenue laws.
(B) It is prima facie evidence of the violation of the provisions of this article if ethyl alcohol so manufactured and not denatured is found in this State and not in the custody of a United States revenue officer or not in course of shipment to another state. However, a reasonable time must be allowed for conveying the alcohol directly from a warehouse to a common interstate carrier.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-250. Storage in warehouses.

A person who manufactures alcohol under the provisions of this article must, while the alcohol remains in this State, store and keep it in a general United States bonded warehouse or in another warehouse and file with the Secretary of State a declaration setting forth the exact location, description, and dimension of each warehouse used and to be used for this purpose. It is unlawful to store or keep alcohol manufactured under the provisions of this article in a place other than that described in the declaration.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-260. Records.

A person who manufactures alcohol under the provisions of this article must keep a record which shows the quantity of alcohol manufactured, the quantity transported or shipped, and to whom and where the alcohol was shipped. This record is subject to the inspection of any attorney representing this State.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-270. Property forfeitures.

(A) If a person who manufactures alcohol under the provisions of this article sells it for or consents to its use as a beverage, either in or outside this State, ethyl alcohol so manufactured, or violates the provisions of this article, he must forfeit to the State all property in this State connected with and incident to the manufacture of the alcohol. The Attorney General and the solicitors must institute an action in a court of competent jurisdiction in any county of this State which the Attorney General or solicitor selects for determining whether the provisions of this article have been violated and whether the property has been thereby forfeited to the State.
(B) Property forfeited under the provisions of this section must be delivered to the Department of Administration.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 10 - Alcohol › Section 61-10-280. Alcoholic ingredient in soft drinks.

A person who manufactures in this State ginger ale or similar soft drinks in which there is an alcoholic ingredient not exceeding one-third of one percent may import alcohol into this State or order and receive alcohol from another state in quantities not exceeding ten gallons, for which no permit is required. However, the person must first file with the clerk of court of the county in which his manufacturing plant is located a bond with an approved surety company as surety in the sum of one thousand dollars, to be forfeited to the State upon the proof of misuse of the alcohol or disposition of it otherwise than as provided in this section for the manufacture of the product. The solicitor, in his discretion, may bring action upon the bond upon information or belief.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-10. Disbursement regulated.

Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Section 6-27-40 and Section 12-33-245 must be regulated and disbursed in accordance with the provisions of this chapter.
HISTORY: 1996 Act No. 415, Section 1; 1999 Act No. 100, Part II, Section 10.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-20. Designation of agency or organization; development of county plan.

Before the use of the revenue described in Section 61-12-10, the governing body of each county must:
(a) designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by the revenue described in Section 61-12-10 or create a new agency for that purpose;
(b) develop a county plan in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of the plan by the Department of Alcohol and Other Drug Abuse Services. Written approval must be given by the Department of Alcohol and Other Drug Abuse Services if the plan is reasonable. If approval is denied, the county may appeal to the Governor. The appeal must state fully the reasons why it is made. If the Governor considers the nonapproval of the plan by the Department of Alcohol and Other Drug Abuse Services to be unreasonable, he must communicate his reasons to the Department of Alcohol and Other Drug Abuse Services and require it to reexamine the plan in light of his objections. Following the reexamination, no further appeal may be taken.
HISTORY: 1996 Act No. 415, Section 1; 1999 Act No. 100, Part II, Section 10.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-30. Citizen participation and consumer input.

The single county agency, as provided for in Section 61-12-20, must provide for citizen participation and consumer input in the development and implementation of the county alcohol and drug abuse plan through an existing board or advisory committee or, where none exists or where citizen participation is nonexistent, through the establishment of a county advisory committee, which must consult with and advise the single county agency in the development and implementation of the county plan.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-40. Expenditure of revenue funds.

Revenue funds received in accordance with this chapter must be expended only for activities and services which are called for in, and are consistent with, the recommendations of the approved county alcohol and drug abuse plan.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-50. Administration and accounting.

Each county governing body must:
(a) establish methods of administration necessary for the proper and efficient operation of the programs and services or projects, including the provision of annual reports of progress toward implementing county plans to the Department of Alcohol and Other Drug Abuse Services;
(b) provide for accounting procedures necessary to assure proper disbursement of and accounting for the funds, including an annual audit of fiscal records, a copy of which must be furnished to the Department of Alcohol and Other Drug Abuse Services.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-60. Construction.

The provisions of this chapter must not be construed as prohibiting two or more counties from joining together in plans, programs, and projects or in designating a single agency to administer multicounty plans required by item (b) of Section 61-12-20.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 12 - Disbursement Of Revenue For Programs For Alcoholics, Drug Abusers, And Drug Addicts › Section 61-12-70. Funds supplemental to federal, state, or local funding.

Funds disbursed pursuant to the provisions of this chapter must be used only to supplement and increase the level of federal, state, local, and other funding that in the absence of these funds would be made available, and must in no event be used to supplant federal, state, local, and other funds.
HISTORY: 1996 Act No. 415, Section 1; 1999 Act No. 100, Part II, Section 10.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-100. Effective date.

(a) Except as otherwise provided, this Code takes effect July 1, 1987.
(b) Except as provided elsewhere in this Code, on the effective date of this Code:
(1) the Code applies to any estates of decedents dying thereafter;
(2) the procedural provisions of the Code apply to any proceedings in court then pending or thereafter commenced regardless of the time of the death of decedent except to the extent that in the opinion of the court the former procedure should be made applicable in a particular case in the interest of justice or because of infeasibility of application of the procedure of this Code;
(3) every personal representative, including a person administering an estate of a minor or incompetent holding an appointment on that date, continues to hold the appointment but has only the powers conferred by this Code and is subject to the duties imposed with respect to any act occurring or done thereafter;
(4) an act done before the effective date in any proceeding and any accrued right is not impaired by this Code. Unless otherwise provided in the Code, a substantive right in the decedent's estate accrues in accordance with the law in effect on the date of the decedent's death. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before the effective date, the provisions remain in force with respect to that right;
(5) a rule of construction or presumption provided in this code applies to multiple-party accounts opened before the effective date unless there is a clear indication of a contrary intent.
(c) Section 62-2-502 is effective for all wills executed after June 27, 1984, whether the testator dies before or after July 1, 1987.
HISTORY: 1986 Act No. 539, Section 5; 1987 Act No. 171, Section 78; 1990 Act No. 522, Part I, Section 1; 1997 Act No. 152, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-101. Short title.

Sections 62-1-101 et seq. shall be known and may be cited as the South Carolina Probate Code. References in Sections 62-1-101 et seq. to the term "Code", unless the context clearly indicates otherwise, shall mean the South Carolina Probate Code.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-102. Purposes; rules of construction.

(a) This Code shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this Code are:
(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors, and incapacitated persons;
(2) to discover and make effective the intent of a decedent in the distribution of his property;
(3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors;
(4) to facilitate use and enforcement of certain trusts;
(5) to make uniform the law among the various jurisdictions.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-103. Supplementary general principles of law applicable.

Unless displaced by the particular provisions of this Code, the principles of law and equity supplement its provisions.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-104. Severability.

If any provision of this Code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Code which can be given effect without the invalid provision or application and to this end the provisions of this Code are declared to be severable.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-105. Construction against implied repeal.

This Code is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.
2023 South Carolina Code of Laws › Title 62 - South Carolina Probate Code › Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court › Section 62-1-106. Effect of fraud and evasion.

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this Code or if fraud is used to avoid or circumvent the provisions or purposes of this Code, any person injured thereby may: (i) obtain appropriate relief against the perpetrator of the fraud and (ii) restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not, but only to the extent of any benefit received. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.
HISTORY: 1986 Act No. 539, Section 1; 2013 Act No. 100, Section 1, eff January 1, 2014.