reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-150. Sales by unlicensed persons.

If beer or wine is sold to anyone by a person who does not have a valid license to make the sale, all beer and wine found on the premises of the person is contraband and must be seized by a peace officer and treated as contraband liquor.
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 61-4-160. Discount pricing for on-premises consumption.

No person who holds a biennial permit to sell beer or wine 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. Beer or wine 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 permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. 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.
A person found guilty of a violation of Section 61-6-4550 and this section may not be sentenced under both sections for the same offense.
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 61-4-170. Beverages resembling vegetable, fruit, or soft drinks.

It is unlawful for a person, with or without a beer or wine permit, to sell or to offer for sale a beverage generally used as and for a soft drink rather than as a medicine or for cooking purposes having an alcoholic content, when the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. In addition, these beverages are contraband and must be seized by an authorized agent or inspector of the division, or by a peace officer, and disposed of in a manner provided for the disposition of unlawful alcoholic liquors.
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 61-4-180. Labeling.

It is unlawful for a person to sell or otherwise introduce into commerce nonalcoholic and nonintoxicating beverages 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 this section subjects the nonalcoholic and nonintoxicating beverages 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 4 - Beer, Ale, Porter, And Wine › Section 61-4-190. Warrants for unpaid penalties.

If a penalty imposed under this chapter remains due and unpaid for a period of ten days, the department must issue a warrant under its bond and official seal in accordance with Article 1 of Chapter 53 of Title 12.
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 61-4-200. Transfers of beer or wine.

Notwithstanding any other provision of law, a holder of a retail permit to sell beer and wine may transfer beer and wine to other businesses. In order for this transfer to be lawful, all businesses involved in the transfer must hold a retail beer and wine permit issued to the same individual, partnership, or corporation. In addition, a particular brand of beer may be transferred only between retail stores located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the department pursuant to Section 61-4-1300. Transfers of beer and wine between retail beer and wine locations in a manner not authorized by this section, purchase of beer or wine by a retailer from another retailer for the purpose of resale, and sale of beer or wine by a retailer to a retailer for the purpose of resale are unlawful. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred 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 61-4-210. Temporary retail permits.

(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a biennial retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase or acquisition if the location for which the temporary permit is sought is not considered by the department to be a public nuisance and:
(1) the applicant currently holds a valid beer or beer and wine permit; or
(2) the applicant has had a criminal history background check conducted by the division within the past thirty days.
(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a biennial retail beer or beer and wine permit 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 retail beer or beer and wine permit if the applicant fails to pursue the biennial retail beer or beer and wine permit in a timely manner, as set forth by regulation of the department.
(D) The department shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit. The funds generated by this fee must be deposited in the general fund of the State.
HISTORY: 1996 Act No. 415, Section 1; 1998 Act No. 442, Section 5D.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-220. Food service.

A restaurant with a Class A or B license issued by the Department of Health and Environmental Control (DHEC) may serve food or beverages at its adjoining facilities located outside the restaurant if the food is prepared in a kitchen of the restaurant which is subject to inspection by DHEC and is placed on individual plates or in individual serving dishes inside the restaurant, and if uncovered containers in which the beverages are served are filled only to satisfy the order of a customer.
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 61-4-230. Refusal to permit inspection.

A person who, upon demand of an officer or agent of the division:
(1) refuses to allow full inspection of the premises or any part of the premises which is licensed to sell beer or wine; or
(2) refuses to allow full inspection of the stocks and invoices of the licensee; or
(3) who prevents or in any way hinders an inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than sixty days, or both.
A person found guilty of a violation of Section 61-6-4190 and this section may not be sentenced under both sections for the same offense.
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 61-4-240. Temporary possession, consumption, or sale permits.

Temporary permits for the possession, consumption, and sale of beer or wine may be issued pursuant to Section 61-4-550, 61-6-500, 61-6-2000, or 61-6-2010, as appropriate, and in accordance with these statutes.
HISTORY: 1996 Act No. 415, Section 1; 2010 Act No. 259, Section 2, eff June 11, 2010.
Effect of Amendment
The 2010 amendment deleted "61-6-510," following "61-6-500,".
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-250. Penalties.

For violations of this chapter, or of Chapter 21 or 33 of Title 12, and for a violation of any regulation pertaining to beer or wine, the department may, in its discretion, impose a monetary penalty upon the holder of a beer or wine license in lieu of suspension or revocation.
In these cases, the amount of any penalty imposed must be determined within the limits prescribed in this section in each case by the department after a hearing as provided in the South Carolina Revenue Procedures Act and the Administrative Procedures Act. For these violations:
(1) retail beer and wine licensees are subject to a penalty of not less than twenty-five dollars nor more than one thousand dollars; and
(2) wholesale beer and wine licensees are subject to a penalty of not less than one hundred dollars nor more than one thousand five hundred dollars.
The department in its discretion may suspend payment of a fine or a monetary penalty imposed under this section.
If the department imposes a monetary penalty under this section which is not paid or a contested case hearing requested within thirty days after demand by the department, the license or licenses may be suspended or revoked by the department.
Penalties provided for in this section are in addition to any fines and penalties imposed upon the licensees by any court of competent jurisdiction for violation of the laws of this State.
Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use.
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 61-4-260. Monies received.

Except as otherwise provided in this chapter, all monies received by the department or the division under the provisions of this chapter must be deposited with the State Treasurer to the credit of the general fund of 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 61-4-270. Revocation of permits.

In addition to the penalties provided in this chapter, the department may revoke the permit of a person failing to comply with any requirements hereof.
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 61-4-300. "Producer" defined.

"Producer" as used in this article means a brewery or winery or a manufacturer, bottler, or importer of beer or wine into the United States.
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 61-4-310. Certificate of registration.

(A) A producer must apply to the department on forms the department prescribes for a certificate of registration, which must be approved and issued before the shipment of beer or wine by the producer to a point within the State. A producer, at the same time application is made for a certificate of registration, must remit to the department a fee of two hundred dollars.
(B) The department, in its discretion upon consideration of the information contained in the application for a certificate of registration, must issue or reject the application.
(C) A certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license. Beer and wine wholesalers must purchase beer, ale, or wine from manufacturers or importers who hold a certificate of registration issued by the department. Nothing in this section or Section 61-4-940 prohibits the transfer or purchase and sale, for resale to retailers only, between wholesalers authorized by the registered producer or an exclusive agent in the State to distribute the same brand or brands of wine, beer, or ale.
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 61-4-320. Suspension or revocation of certificate of registration.

A certificate of registration provided for in this article may be suspended or revoked by the department upon a showing of a violation of law or of a regulation.
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 61-4-330. Books and records audit.

The department and the division have the right within statutory limitations to audit and examine the books and records, papers, and memoranda of a producer with respect to the administration and enforcement of laws administered by the department and the division.
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 61-4-340. Shipping; brand registration.

No person other than a registered producer may ship, move, or cause to be shipped or moved, beer, ale, porter, malt beverage, or wine from outside the State to a point in the State, and only in accordance with the provisions of this chapter. No brand may be registered by the producer unless the person registering the brand is either the American producer or the primary American source of supply in the United States of the brand as herein defined, and it is unlawful for a wholesaler in this State to order, purchase, or receive beer, ale, porter, malt beverage, or wine from a producer who is not the primary American source of supply for the brand ordered, purchased, or received. The term primary American source of supply means the manufacturer, distiller, vintner, brewer, producer, winery, or owner of vinous or spirituous beverages at the time they become a marketable product, or bottler, or the exclusive agent of these persons, who, if the product cannot be secured directly from the manufacturer by an American distributor, is the source closest to the manufacturer in the channel of commerce from whom the product can be secured by an American distributor, or who, if the product can be secured directly from the manufacturer by an American distributor, is the manufacturer. The provisions of this section do not apply to a person who produces beer, ale, porter, malt beverage, or wine solely in this State and who subsequently ships or sells this beer, ale, porter, malt beverage, or wine solely in this 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 61-4-350. Seizure and sale of contraband beer or wine.

Beer or wine shipped or moved into this State in violation of this chapter is contraband and may be seized and sold 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 4 - Beer, Ale, Porter, And Wine › Section 61-4-360. Samples of wine.

Notwithstanding any other provision of law, a producer or wholesaler may furnish or give a sample of wine to a retailer who has not purchased the brand from a producer or wholesaler in the past three hundred sixty-five days. For each retail establishment, a producer or wholesaler may not give more than three liters of any brand of wine annually. If a particular product is not available in a size within the quantity limitations of this section, a producer or wholesaler may furnish to a retailer the next larger size. Samples must be clearly marked "Sample-Not for resale". Nothing in this section allows for any sample to be sold or provided to any employees under the age of twenty-one or to a retailer's customers. The producer or wholesaler shall remove all bottles at the conclusion of the sampling. For purposes of this section, the term "brand" is defined as provided under 27 C.F.R. Section 6.11.
HISTORY: 2020 Act No. 161 (H.4963), Section 1, eff September 28, 2020.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-500. Applications.

A person engaging in the business of selling beer, ale, porter, wine, or a beverage which has been declared to be nonalcoholic and nonintoxicating under Section 61-4-10 must apply to the department for a permit to sell these beverages. Each applicant must pay a filing fee of two hundred dollars which is not refundable. A retailer must pay to the department four hundred dollars biennially for a retail permit, and a wholesale dealer must pay to the department two thousand dollars biennially for a wholesale permit. A separate permit is required for each separate place of business.
A person who initially applies for a permit after the first day of a permit period must pay permit fees in accordance with the schedule provided in Section 61-6-1810(C).
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 61-4-520. Retail permits; requirements.

A retail permit authorizing the sale of beer or wine must not be issued unless:
(1) The applicant, a partner, or co-shareholder of the applicant, and each agent, employee, and servant of the applicant to be employed on the licensed premises are of good moral character.
(2) The applicant is a legal resident of the United States, has been a legal resident of this State for at least thirty days before the date of application, and has maintained his principal place of abode in the State for at least thirty days before the date of application.
(3) The applicant, within two years before the date of application, has not had revoked a beer or a wine permit issued to him.
(4) The applicant is twenty-one years of age or older.
(5) The location of the proposed place of business of the applicant is in the opinion of the department a proper one.
(6) The department may consider, among other factors, as indications of unsuitable location, the proximity to residences, schools, playgrounds, and churches. This item does not apply to locations licensed before April 21, 1986.
(7)(a) Notice of application has appeared at least once a week for three consecutive weeks in a newspaper most likely to give notice to interested citizens of the county, city, or community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures. 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:
(i) be in the legal notices section of the newspaper or an equivalent section if the newspaper has no legal notices section;
(ii) be in large type, covering a space of one column wide and at least two inches deep; and
(iii) state the type license applied for and the exact location of the proposed business.
(b) 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.
(8) Notice has been given by displaying a sign for fifteen days at the site of the proposed business. The sign must:
(a) state the type of permit sought;
(b) state where an interested person may protest the application;
(c) be in bold type;
(d) cover a space at least twelve inches high and eighteen inches wide;
(e) be posted and removed by an agent of the division.
HISTORY: 1996 Act No. 415, Section 1; 2001 Act No. 89, Section 55; 2003 Act No. 70, Section 6; 2005 Act No. 161, Section 23.D.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-525. Protests against issuance or renewal of permit; attendance at hearing; court costs; penalties.

(A) A person residing in the county in which a retail beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a retail beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit 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 permit 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 considered invalid, and the department shall continue to process the application and shall issue the permit 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 fine or penalty to include court costs.
HISTORY: 1998 Act No. 363, Section 1; 2005 Act No. 161, Section 23.E.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-530. "Dry" political subdivisions in neighboring states.

In considering an application for a permit for the sale of beer or wine at a location within five miles of a political subdivision of another state in which the sale of beer or wine is prohibited, the department must, in addition to the factors required to be considered, consider the proximity of the location to the prohibited area, the likelihood that large crowds may gather from time to time with attendant breaches of the peace, the requirement of increased law enforcement officers, and any other factor which in its judgment should be considered before issuing the permit.
These special considerations, however, do not apply where the application is made with respect to a location within the corporate limits of a municipality.
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 61-4-540. Issuance of permits; bonds.

When a verified application is filed with the department and the department determines that (1) the requisite qualifications and conditions are met, (2) the applicant is a fit person to sell beer or wine, and (3) the location of the proposed place of business is a proper one, the department must issue a permit to the applicant to sell beer or wine on the premises described in the application upon the payment of the fee prescribed by law. A misstatement or concealment of fact in an application is a sufficient ground for the revocation of the permit.
The department may, in those cases where it considers necessary, require an applicant to post a cash bond or surety bond with a bonding company approved by the Department of Insurance as an additional condition for a permit. The bond must be in an amount as determined by the department and is subject to forfeiture in whole or in part for violations of law relating to the sale of beer or wine.
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 61-4-550. Special permits for use at fairs and special functions.

(A) The department may issue permits running for a period not exceeding fifteen days for a fee of ten dollars per day. These special permits may be issued only for locations at fairs and special functions.
(B) The department shall require the applicant to obtain a criminal records check conducted by the State Law Enforcement Division within ninety days prior to an application. The department shall deny the application if the criminal records check is not submitted with the application and filing fee or if it was obtained more than ninety days before.
(C) The department shall require the applicant to complete the law enforcement notification provision contained in an application form and submit it with the application. The law enforcement notification provision shall be prepared by the department for inclusion in the application and, at a minimum, must contain sufficient information to inform the department that either the chief of police, if the event is located within the city limits, or the county sheriff has been notified of the temporary permit application and given an opportunity to object.
(D) The department may issue up to twenty-five temporary permits to sell beer and wine on one application for special functions in a twelve-month period to the same applicant, if that applicant is also applying for up to twenty-five temporary licenses to sell alcoholic liquors by the drink, pursuant to Section 61-6-2000(D). This does not prohibit the applicant from applying for additional special permits within the same twelve-month period.
(E) Beginning January 1, 2021, at least twenty-four hours before the fair or special function, the applicant shall notify the State Law Enforcement Division and all local law enforcement that have jurisdiction over the fair or special function site that alcohol will be served at the site.
HISTORY: 1996 Act No. 415, Section 1; 2010 Act No. 259, Section 1, eff June 11, 2010; 2011 Act No. 67, Section 5.A, eff July 1, 2011; 2020 Act No. 167 (S.993), Section 3, eff September 29, 2020.
Effect of Amendment
The 2010 amendment rewrote this section.
The 2011 amendment rewrote the section.
2020 Act No. 167, Section 3, added (E).
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-560. Operation without a permit.

A person who operates a retail or wholesale business without obtaining a permit required in this article is guilty of a misdemeanor and, upon conviction, is subject to a fine of not less than ten dollars nor more than one hundred dollars or imprisonment of not less than ten days nor more than thirty days, in the discretion of the court. Each day that a wholesale or retail business is carried on without a permit constitutes a separate offense.
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 61-4-570. Wine service for consumption on premises.

Notwithstanding any other provision of law, an establishment that holds a valid beer and wine license and a license to sell alcoholic liquors by the drink may sell wine which is not in excess of twenty-one percent of alcohol by volume, to be consumed on the premises.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 6.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-590. Revocation or suspension of permits; department investigation and determination.

(A) The department has jurisdiction to revoke or suspend permits authorizing the sale of beer or wine. The department may, on its own initiative or on complaint signed and sworn to by two or more freeholders resident for the preceding six months in the community in which the licensed premises are located or by a local peace officer, all of whom are charged with the duty of reporting immediately to the department a violation of the provisions of Section 61-4-580, revoke or suspend the permit pursuant to the South Carolina Revenue Procedures Act. The decision of the Administrative Law Court is not automatically superseded or stayed by the filing of a petition for judicial review.
(B) In addition to the notice requirements contained in the Administrative Procedures Act, the department may not suspend or revoke a licensee's permit authorizing the sale of beer or wine until the division has conducted and completed an investigation, and the department has made a departmental determination, as defined in Section 12-60-30, that the licensee's permit should be revoked or suspended.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 103, Section 22; 2007 Act No. 107, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-600. Surrender of license.

Upon the revocation, cancellation, or suspension of a license or permit to sell beer or wine at wholesale or retail, the licensee must immediately surrender his license to the department. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both, in the discretion of the court.
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 61-4-610. Unlawful sales.

It is unlawful for a licensee to sell beer or wine at wholesale or retail, to sell or offer to sell beer or wine after the license has been revoked or canceled, or during the period of a suspension of the license. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, or both, in the discretion of the court.
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 61-4-620. Permits for retail sale of beer and wine; Sunday sales permitted when establishment closes on Saturday for religious reasons.

A person who sells beer and wine pursuant to a permit issued in accordance with Sections 61-4-500, 61-4-520, and 61-4-540 of the 1976 Code and who closes his business establishment or refrains from operating his business on Saturdays for religious reasons may be allowed, upon the filing of an affidavit of closing on Saturdays for religious reasons with and the payment of an additional fee of fifty dollars to the department, to open for business and sell beer and wine on Sundays, as specified in Sections 61-4-120, 61-4-130, and 61-4-140 in those counties which authorize Sunday beer sale permits. The opening of the business establishment or operation of business on Saturdays in contradiction of the affidavit is grounds for the revocation of the permit issued pursuant to this section and Sections 61-4-500, 61-4-520, and 61-4-540. The fifty-dollar additional fee must be used to pay the administrative and enforcement costs of this special permit.
HISTORY: 1997 Act No. 155, Part II, Section 63A.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-630. Sunday sales.

Notwithstanding any other provision of law, an establishment possessing a beer and wine permit that is located in a county or municipality that has conducted a favorable referendum allowing the sale and consumption of alcoholic liquors by the drink on Sunday under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of beer and wine on the premises.
HISTORY: 2011 Act No. 67, Section 6, eff June 17, 2011.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-700. Wine labeling.

27 Code of Federal Regulations part 4, relating to "Labeling and Advertising of Wine", is adopted for the labeling and advertising of wine sold or offered for sale in this State, except insofar as 27 Code of Federal Regulations part 4 differs from laws of the State or from regulations of the department.
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 61-4-710. Labels, standards, and identity.

It is unlawful for a person to import, sell, or offer for sale in this State wines of which the labels, standards, or identity do not conform to the provisions of 27 Code of Federal Regulations part 4. Imitation, concentrate, and substandard wines, as defined in 27 Code of Federal Regulations part 4, are prohibited from sale in this 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 61-4-725. Wine sales by temporary permit; authorized hours.

Notwithstanding any other provision of law, a licensed winery located in a county or municipality that has conducted a favorable referendum under the provisions of Section 61-6-2010, during those same hours authorized by permits issued under Section 61-6-2010, may sell, possess, and permit the consumption of wine on the premises.
HISTORY: 2005 Act No. 145, Section 5.A.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-730. Sales by permitted wineries.

(A) Permitted wineries that produce and sell wine produced on its premises with at least sixty percent of the juice from fruit and berries that are grown in this State may sell the wine at retail, wholesale, or both, and deliver or ship the wine to licensed retailers in this State or to consumer homes in and outside the State, and are eligible for a special permit pursuant to Section 61-4-550. Wine must be delivered between 7:00 a.m. and 7:00 p.m. Gross income from wine sold at events for which a special permit has been issued must not exceed ten percent of a permitted winery's gross income per year from wine sales and that income must be derived from sales at events that are promotional in nature.
(B) Permitted wineries that produce and sell wine produced on their premises with less than sixty percent of the juice from fruit and berries that are grown in this State may retail from the winery and ship the wine directly to consumer homes in and outside the State, but these wineries are not wholesalers of the wine. These wineries shall use a licensed South Carolina wholesaler to deliver or ship the wine to licensed retailers in this State.
(C) The South Carolina Department of Agriculture shall periodically inspect the records of permitted wineries for verification of the percentage of juice from fruit and berries grown in this State used in the manufacturing of the wineries' products. Within ten days of conducting an inspection, the South Carolina Department of Agriculture shall report its findings to the South Carolina Department of Revenue. If a winery is found to be in violation of this statute, the owner of the winery is subject to penalties pursuant to Section 61-4-780.
HISTORY: 1996 Act No. 415, Section 1; 2004 Act No. 267, Section 2.B; 2012 Act No. 121, Section 2, eff February 22, 2012; 2020 Act No. 167 (S.993), Section 1, eff September 29, 2020.
Effect of Amendment
The 2012 amendment, added the subsection identifiers; in subsection (A) substituted "at least sixty percent" for "a majority", and substituted "licensed retailers in this State or to consumer homes in and outside" for "the purchaser"; and added subsections (B) and (C).
2020 Act No. 167, Section 1, in (A), in the first sentence, inserted ", and are eligible for a special permit pursuant to Section 61-4-550" at the end, and added the third sentence.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-736. Coupons and rebates for the purchase of wine.

A manufacturer of wine, vintner, winery, an importer, or retailer may offer or sponsor coupons and rebates to a consumer for the purchase of wine. Coupons and rebates include, but are not limited to, retailer instant redeemable coupons, mail-in rebates, and coupons and rebates offered or redeemed through any electronic means. Manufacturer, winery, vintner, and importer coupons must be made available upon request to a licensed retailer. A wholesaler is prohibited from participating in the procurement, redemption, or other costs associated for any coupon or rebate for wine offered or sponsored by a manufacturer, winery, vintner, importer, or retailer. A winery, wine manufacturer, vintner, importer, or wholesaler is prohibited from offering or participating in the procurement, redemption, or other costs associated with paper instant redeemable coupons and scanback coupons for wine in this State.
HISTORY: 2016 Act No. 248 (H.5245), Section 1, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-737. Wine tastings.

Notwithstanding another provision of law or regulation, the holder of a retail wine permit for off-premises consumption whose primary product is beer, wine, or distilled spirits may conduct, in accordance with department rulings or regulations, not more than twenty-four wine tastings at the retail location in a calendar quarter.
HISTORY: 2001 Act No. 76, Section 3; 2007 Act No. 107, Section 3; 2007 Act No. 116, Section 11.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-740. Special orders for out-of-state wine.

A person may order wine produced outside this State which has not been approved or licensed for sale or distribution in this State from an in-state wholesaler by placing a special order for this wine with the out-of-state winery. The wine may then be shipped by the winery to that wholesaler who, after paying the necessary taxes, is authorized to sell this wine to that person through a licensed retailer.
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 61-4-745. Transporting into and out of State for personal consumption; limits; labeling.

(A) Subject to the provisions of Section 61-4-747, a person who is at least twenty-one years of age and who is a legal resident of this State, may cause to be shipped or transported from a manufacturer of wine up to twenty-four bottles of wine each month for his own consumption or use, and not for resale, into and out of this State without the necessity of acquiring any permits or licenses or other forms of public or private authorization except for the payment of appropriate taxes.
(B) All containers of wine shipped directly to a resident in this State must be labeled conspicuously with the words "CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY".
HISTORY: 2003 Act No. 40, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-750. Adulterated wine.

The importation into, offering for sale, or sale in this State of a product as "wine" to which any substance has been added, except as authorized by federal law and regulations and except pure fruit or vegetable products derived from the same kind of fruit or vegetable from the juice of which the wine was fermented, is prohibited and is a misdemeanor.
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 61-4-760. Inspection of out-of-state wine; wine packages.

The division must provide for the inspection of all wines imported into or offered for sale in this State. The expense of the inspections must be paid from the proceeds of the wine tax. The department may make regulations as to the containers in which wine may be sold at retail and to declare to be "undesirable wine packages" wine sold in a container prohibited in the regulations or wine, the sale of which is prohibited in Sections 61-4-710 or 61-4-750. The offering for sale or sale in this State of undesirable wine packages under this section is prohibited and is a misdemeanor.
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 61-4-780. Penalties.

A person who violates any provision of this article or any rule or regulation promulgated by the department or the division under this article, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than thirty days nor more than six months, or both, in the discretion of the court. In addition to the punishment specified in this section, the person must forfeit his permit to sell wine and is not, for a period of two years thereafter, authorized to engage in a business taxable under the provisions of 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 61-4-910. Penalties; revocation or suspension of permit.

A person who violates any provision of this article is guilty of a misdemeanor and, upon conviction, is subject to a fine of not less than ten dollars nor more than one hundred dollars, or imprisonment of not less than ten days nor more than thirty days, in the discretion of the court. In addition to the punishment specified in this section, the department may revoke or suspend a retail permit for a violation 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 61-4-920. Penalties for violation of rule or regulation.

The department must revoke or suspend the license, permit, or brewer's certificate of approval of a person for the violation of any rule or regulation or invoke a penalty not to exceed one hundred dollars for each violation.
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 61-4-930. Wholesaler advertising.

It is unlawful for a wholesaler to purchase advertising for a retailer or to participate in a joint advertising campaign with a retailer. However, a brewer or wholesaler may advertise on a retailer's premises and may purchase program advertising from a retailer at customary rates.
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 61-4-942. Distribution agreements; prohibited acts.

Notwithstanding any existing beer distribution agreement to the contrary, a manufacturer, brewer, or importer of beer shall not:
(1) coerce or require a wholesaler to gather or submit sales records, retail placement, price, discount, rebate, or other details for beer brands not manufactured, brewed, or imported by the manufacturer, brewer, or importer;
(2) mandate wholesaler employee hiring decisions or payment rates, including incentives;
(3) require a wholesaler to pay or contribute marketing, advertising, or other funds for control or expenditure by the manufacturer, brewer, or importer, except a wholesaler may agree, in writing and in advance of the payment or contribution, to spend or contribute wholesaler funds for a specified marketing or advertising plan or opportunity;
(4) ship, invoice, or initiate an electronic funds transfer payment for any quantity of beer exceeding any order or forecast submitted by a wholesaler, or include in a beer sales invoice charges for any items other than beer, freight, fuel, cooperage, dunnage, pallets, and related deposits;
(5) invoice or initiate electronic funds transfer payment for point-of-sale advertising specialties or other items, except a manufacturer, brewer, or importer may place an order and invoice or initiate an electronic funds transfer payment for point-of-sale advertising specialties or other items pursuant to a specific written agreement between the wholesaler and the manufacturer, brewer, or importer made prior to the placement of an order;
(6) attribute risk of loss, ownership or other financial interest to a wholesaler for beer not in the wholesaler's possession; or
(7) require a wholesaler to pay for development, installation, or use of any software owned or mandated by the manufacturer, brewer, or importer, except a wholesaler may be required to maintain data in a format compatible with data format standards adopted by a manufacturer, brewer, or importer.
HISTORY: 2020 Act No. 169 (S.1099), Section 1, eff September 30, 2020.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-945. Coupons and rebates for the purchase of beer.

A manufacturer, brewer, importer, or retailer may offer or sponsor coupons and rebates to a consumer for the purchase of beer. Coupons and rebates include, but are not limited to, retailer instant redeemable coupons, mail-in rebates, and coupons and rebates offered or redeemed through any electronic means. Manufacturer, brewer, and importer coupons and rebates must be made available upon request to a licensed retailer. A wholesaler is prohibited from participating in the procurement, redemption, or other costs associated for any coupon or rebate for beer offered or sponsored by a manufacturer, brewer, importer, or retailer. A beer manufacturer or wholesaler is prohibited from offering or participating in the procurement, redemption, or other costs associated with paper instant redeemable coupons and scanback coupons for beer in this State.
HISTORY: 2016 Act No. 248 (H.5245), Section 2, eff June 5, 2016.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-950. Beer signs.

Neither the department nor the division has the authority to regulate the size, type, or number of beer signs displayed on the premises of a beer retailer or wholesaler.
HISTORY: 1996 Act No. 415, Section 1.