reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1130. Tastings and sales of alcoholic liquors; remission of taxes; maintenance of records.

(A) A micro-distillery or manufacturer desiring to offer tastings and sales of alcoholic liquors to consumers at its licensed premises shall remit taxes to the department for alcoholic liquors sold and dispensed in an amount equal to taxes paid by wholesalers on alcoholic liquors.
(B) Alcoholic liquors produced and sold on a licensed premises pursuant to this subarticle must be taxed and remitted as provided in Chapter 33, Title 12. The micro-distillery or manufacturer licensee shall maintain adequate records to ensure the collection of this tax.
HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1160. Violation of provisions of subarticle; penalties.

Except as otherwise provided in this title:
(A) a person who transports, possesses, or consumes alcoholic liquors and who violates a provision of this subarticle 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; and
(B) a person licensed pursuant to this subarticle who violates a provision of this subarticle must:
(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both; or
(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently; and
(C) a person licensed pursuant to this subarticle who acts to avoid payment of the excise tax imposed on the serving of alcoholic liquors by the drink provided for in Chapter 33, Title 12 must be fined not less than one thousand dollars and have his license revoked permanently.
HISTORY: 2009 Act No. 11, Section 1, eff May 6, 2009.
Subarticle 13
Regulation of Wholesalers
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1300. Restrictions upon wholesalers.

No wholesaler may:
(1) sell, barter, exchange, give, transfer, or deliver for consumption alcoholic liquors to a person not having a retail dealer's license issued under this article;
(2) permit the drinking of alcoholic liquors on his premises;
(3) condition the sale of alcoholic liquors to a retail dealer upon the purchase or receipt of another kind or brand of alcoholic liquors than that ordered by the retail dealer;
(4) sell alcoholic liquors between the times of sundown and sunrise;
(5) sell alcoholic liquors on credit; however, this item does not prohibit payment by electronic transfer of funds if (a) the transfer of funds is initiated by an irrevocable payment order on or before delivery of the alcoholic liquors and (b) the electronic transfer is initiated by the wholesaler no later than one business day after delivery;
(6) directly or indirectly, individually or as a member of a partnership or an association, as a member or stockholder of a corporation, or as a relative to a person by blood or marriage within the third degree, have an interest in a business, store, or establishment dealing in alcoholic liquors except the store or place of business covered by his wholesaler's license; or
(7) redeem proof-of-purchase certificates for any promotional item.
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 61-6-1310. Separate store or warehouse.

A wholesaler must, for the purpose of conducting his business under his wholesaler's license, maintain a separate store or warehouse and no other goods, wares, or merchandise except nonalcoholic beverages may be kept or stored therein. No place of amusement may be maintained in the place or in the same building or in connection therewith.
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 61-6-1320. Monthly statements.

A wholesaler must file with the department, on or before the first day of each month, a statement showing the stock of alcoholic liquors received by him during the preceding thirty days, and additional reports the department requires.
HISTORY: 1996 Act No. 415, Section 1.
Subarticle 15
Regulation of Retail Dealers
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1505. Retail dealer may be licensed to cash checks.

Notwithstanding any other provision of law, a retailer dealer may be also licensed under Chapter 41 of Title 34 in order to engage in check cashing services in the retail premises.
HISTORY: 2001 Act No. 76, Section 7.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1510. Separate store or place of business; advertising encouraging underage drinking.

A retail dealer must maintain a separate store or place of business with not more than two means of public ingress or egress which must be on the front or the same side of the building, except that the doors may be located at the corner of two adjacent sides of the building. One additional door, not in the front, is allowed to be used solely for the receipt of commercial deliveries and as an emergency exit.
Retail dealers are prohibited from using in an advertisement for alcoholic liquor or wine a subject matter, language, or slogans addressed to and intended to encourage persons under twenty-one years of age to purchase or drink alcoholic liquor or wine.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 70, Section 10.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1530. Signs required to be posted.

A retail dealer must have posted in his place of business signs with the following words printed thereon:
(1) "The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor". The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.
A retail seller of alcoholic liquors who fails to display this sign 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. A person found guilty of a violation of Section 61-4-70 and this subsection may not be sentenced under both Section 61-4-70 and this subsection for the same offense.
(2) "A person may transport alcoholic liquors to and from a place where alcoholic liquors may be lawfully possessed or consumed; but if the cap or seal on the container has been opened or broken, it is unlawful to transport alcoholic liquors in a motor vehicle, except in the luggage compartment or cargo area". The size of the lettering and approved locations on the retail dealer's premises must be provided for by rules and regulations of the department.
(3) "The purchase of alcoholic liquors from this location by or on behalf of another retail dealer is unlawful and will result in the suspension of the purchaser's retail dealer's license". The department must prescribe by regulation the size of the lettering and the location of the sign on the seller's premises.
HISTORY: 1996 Act No. 415, Section 1; 2014 Act No. 223 (H.3512), Section 4, eff July 1, 2014.
Effect of Amendment
2014 Act No. 223, Section 4, added paragraph (3).
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1550. Carriers engaged in interstate travel.

The restrictive provisions of this article relating to retail dealers do not apply to sales of alcoholic liquors by railroad, Pullman, or airline companies to passengers on interstate trains or aircraft for consumption thereon; and to this end, these sales are permitted.
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 61-6-1555. Purchase and use of beer, wine, and alcoholic liquor directly from wholesaler by airline companies; penalties.

Notwithstanding any other provision of law, an airline company may purchase beer, wine, and alcoholic liquor directly from a wholesaler licensed pursuant to the provisions of Section 61-4-520(3) or Section 61-6-100(2). A wholesaler may sell and deliver beer, wine, and alcoholic liquor to an airline company for use on the company's airplanes. A person other than an airline passenger who uses beer, wine, or alcoholic liquor purchased pursuant to the provisions of this section for another purpose other than the sale or use by the airline company on its airplanes is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both. Each violation of this section constitutes a separate offense.
HISTORY: 2004 Act No. 267, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1560. Discounts on alcoholic liquors or nonalcoholic items.

(A) Notwithstanding any other provision of law, a retail dealer, wholesaler, or producer may offer discounts on alcoholic liquors or nonalcoholic items, listed in Section 61-6-1540(A), through the use of premiums, coupons, or stamps redeemable by mail.
(B) In addition to the provisions of subsection (A), a retail dealer may offer a discount on the sale of alcoholic liquor or nonalcoholic items, listed in Section 61-6-1540(A), at the register through the use of premiums, coupons, or stamps, so long as all costs related to the discount, including, but not limited to, printing, redemption services, and the actual cost of the discount, are provided and borne only by the retail dealer and the discount is not prohibited by any federal law.
HISTORY: 2002 Act No. 335, Section 2; 2014 Act No. 223 (H.3512), Section 1, eff July 1, 2014.
Effect of Amendment
2014 Act No. 223, Section 1, added the subsection (A) designator; in subsection (A), added ", listed in Section 61-6-1540(A),"; and added subsection (B).
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1600. Nonprofit organizations; time when sale of alcoholic beverages prohibited.

(A) A nonprofit organization which is licensed by the department pursuant to the provisions of this article may sell alcoholic liquors by the drink. A member or guest of a member of a nonprofit organization may consume alcoholic liquors sold by the drink upon the premises between the hours of ten o'clock in the morning and two o'clock the following morning.
(B) An employee or agent of an establishment licensed as a nonprofit organization is prohibited from selling, making available for sale, or permitting the consumption of alcoholic liquors on the licensed premises between the hours of two o'clock in the morning and ten o'clock in the morning. A violation of this provision is a violation against the organization's license.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 70, Section 11; 2005 Act No. 139, Section 15.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1620. Possession or consumption of alcoholic liquors on premises open to public.

(A) This article authorizes 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.
(B) Alcoholic liquors may be possessed or consumed 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.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 15.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1630. License restriction; retail dealer; liquor by the drink licensee.

A person licensed to sell alcoholic liquor by the drink for on-premises consumption must not be licensed as a retail dealer on the same premises.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 15.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1636. Purchasing and sale of alcoholic liquor by the drink.

(A) A person licensed by this article for sale and use for on-premises consumption shall purchase alcoholic liquor for sale by the drink from a licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or from a licensed wholesaler, as provided in subsection (C), in any size bottle, except 1.75 liter sized bottles.
(B) A licensed retail dealer with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act may deliver, in sealed containers, alcoholic liquor in any size bottle, except 1.75 liter sized bottles, to a person licensed by this article to sell alcoholic liquors for on-premises consumption.
(C)(1) For the purposes of this subsection, "new alcoholic liquor" means alcoholic liquor not previously sold in this State.
(2) A licensed wholesaler may deliver new alcoholic liquor to a person licensed by this article to sell alcoholic liquors for on-premises consumption:
(a) in sealed containers and in any sized bottle, except 1.75 liter sized bottles, and
(b) only during the first one hundred eighty days from the date of the first bill of lading in this State for that new alcoholic liquor.
(3) Within ten days of receipt of the first bill of lading, the licensed wholesaler must provide a copy of the bill of lading to the department in the manner prescribed by the department.
HISTORY: 2005 Act No. 139, Section 1; 2018 Act No. 147 (H.4729), Section 4, eff April 4, 2018.
Effect of Amendment
2018 Act No. 147, Section 4, in (A), substituted "or from a licensed wholesaler, as provided in subsection (C), in any size bottle, except 1.75 liter sized bottles" for "in any size bottle, except 1.75 liter size bottles"; in (B), substituted "1.75 liter sized bottles" for "1.75 liter size bottles"; and added (C), relating to new alcoholic liquor.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1637. Substituting brands of alcoholic liquor.

A person licensed pursuant to this article, including his agent, may not substitute another brand of alcoholic liquor in place of the brand specified by a customer unless the licensee or his agent has: (1) advised the customer that the desired brand is not available, and (2) received the customer's approval of substitution. 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 not more than ten days, or both.
HISTORY: 2005 Act No. 139, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1800. License required.

No person, corporation, or organization for whose premises a license is required pursuant to subarticle 1 of this article may knowingly allow the possession or consumption of alcoholic liquors upon the premises unless a valid license issued pursuant to Section 61-6-1820 has been obtained and is properly displayed.
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 61-6-1810. Applications.

(A) A person making application for a license under subarticle 1 of this article must submit his application to the department. The applicant must pay a nonrefundable filing fee of one hundred dollars which must accompany the initial application for each location. The department has exclusive authority in issuing, renewing, suspending, or revoking a license pursuant to the provisions of this article.
(B) Applications for licenses must also be accompanied by appropriate license fees payable to the department. License fees must be deposited with the State Treasurer or are refundable if a license is not issued. The schedule of fees for the license is:
(1) one thousand, five hundred dollars biennially for a nonprofit organization, as defined in Section 61-6-20(6);
(2) one thousand, five hundred dollars biennially for a business establishment, as described in Section 61-6-1610.
(C) A person who initially applies for a license after the first day of a license period must pay license fees in accordance with the schedule provided in this subsection. During the:
(1) first quarter of the license period: the entire fee;
(2) second quarter of the license period: three-fourths of the prescribed fee;
(3) third quarter of the license period: one-half of the prescribed fee;
(4) final quarter of the license year: one-fourth of the prescribed fee.
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 61-6-1825. Protest of issuance or renewal of license; attendance at hearing; court costs; penalties.

(A) A person residing in the county in which a license pursuant to the provisions of subarticle 1 of this article is requested to be granted, or a person residing within five miles of the location for which a permit pursuant to the provisions of subarticle 1 of this article is requested, may protest the issuance or renewal of the license if he files a written protest providing:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Court.
(B) Upon receipt of a timely filed protest, the department must 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 must not issue the permanent license but must forward the file to the Administrative Law Court.
(C) If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
(D) A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing may be assessed a penalty to include court costs.
HISTORY: 1998 Act No. 363, Section 3; 2005 Act No. 139, Section 16.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-1830. Suspension, revocation, or nonrenewal of license.

The department may suspend, revoke, or refuse to renew a license issued pursuant to subarticle 1 of this article upon finding that:
(1) the applicant no longer meets the requirements of Section 61-6-1820; or
(2) the applicant has violated since the issuance of the license any regulation; or
(3) the applicant has violated since the issuance of the license any provision of the ABC Act; or
(4) the applicant permits entertainment on the licensed premises where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering.
HISTORY: 1996 Act No. 415, Section 1.
Subarticle 5
Temporary Licenses
Editor's Note
2005 Act No. 139, Section 25, provides as follows:
"This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit."
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2000. Temporary permits for nonprofit organizations; criminal background checks.

(A) In addition to the licenses authorized pursuant to the provisions of subarticle 1 of this article, the department also may issue a temporary license to a nonprofit organization, as defined in Section 61-6-20, which authorizes that nonprofit organization to purchase and to sell alcoholic liquors by the drink for a period not to exceed twenty-four hours at a single social occasion. The nonprofit organization may sell tickets for the social occasion to nonmembers. Notwithstanding another provision of this article, the issuance of this license authorizes the nonprofit organization to purchase alcoholic liquors from licensed retail dealers in the same manner that a person with a biennial license issued pursuant to subarticle 1 of this article purchases its alcoholic liquors. The department shall charge a nonrefundable filing fee of thirty-five dollars for processing each event on the application. The temporary license application must include a statement by the applicant as to the nature and date of the special function at which the alcoholic liquors are to be sold. The department in its discretion may specify the terms and conditions of the license, pursuant to existing statutes and regulations governing these applications.
(B) The department shall require the applicant to obtain a criminal background 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 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 license application and given an opportunity to object.
(D) The department may issue up to twenty-five temporary licenses on one application for special functions in a twelve-month period to the same nonprofit organization. This does not prohibit the nonprofit organization from applying for additional temporary licenses within the same twelve-month period.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 17; 2006 Act No. 386, Section 47; 2010 Act No. 259, Section 3, eff June 11, 2010; 2011 Act No. 67, Section 5.B, eff July 1, 2011.
Effect of Amendment
The 2010 amendment rewrote this section.
The 2011 amendment rewrote subsections (A) through (C).
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2005. Temporary retail liquor license upon purchase or acquisition of business.

(A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors by the drink from a holder of a license to sell alcoholic liquors by the drink at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance, and the applicant:
(1) currently holds a valid license to sell alcoholic liquors by the drink; or
(2) has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State.
HISTORY: 1996 Act No. 458, Part II, Section 58B; 1998 Act No. 442, Section 5C; 2005 Act No. 139, Section 18.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2015. Temporary permit to sell beer and wine for on-premises consumption; terms; qualifications

(A) A temporary permit to sell beer and wine for on- premises consumption for a period not to exceed twenty-four hours without regard to the days or hours of these sales is hereby authorized. This permit may be issued by the department for the same fees provided in Section 61-4-500 for a retail beer and wine permit, including an application fee. This permit shall be considered a biennial temporary permit, and may be issued to those holders of a permit to sell beer and wine for off-premises consumption during periods other than Sunday who have within the licensed premises a separate food service establishment serving prepared food for on- premises consumption. The permit to sell beer and wine for on-premises consumption during the twenty-four hour period shall apply only to this separate food-service establishment.
(B) The department may require such proof of qualifications for the issuance of these permits as it considers necessary, and these permits may be issued only to qualified applicants located in a county or municipality which pursuant to Section 61-6-2010 has successfully held a referendum allowing the possession, sale, and consumption of alcoholic liquors by the drink for a period not to exceed twenty-four hours.
HISTORY: 2011 Act No. 67, Section 3, eff June 17, 2011.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2200. Age of server.

A person may not serve or deliver to a purchaser alcoholic liquors by the drink in a business where these sales are authorized unless the person is eighteen years of age or older; nothing contained in this section may be construed as allowing bartenders under the age of twenty-one.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 20.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2220. Sales to intoxicated persons.

A person or establishment licensed to sell alcoholic liquors or liquor by the drink pursuant to this article may not sell these beverages to persons in an intoxicated condition; these sales are considered violations of the provisions thereof and subject to the penalties contained herein.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 20.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2230. Drinking contests or games prohibited; definitions.

(A) A person licensed to sell alcoholic liquors or liquor by the drink pursuant to this article may not knowingly conduct, operate, organize, promote, advertise, run, or participate in a "drinking contest" or "drinking game".
(B) For purposes of this section, "drinking contest" or " drinking game" includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of alcoholic beverages by participants at extraordinary speed or in increased quantities or in more potent form. "Drinking contest" or "drinking game" does not include a contest, game, event, or endeavor in which alcoholic beverages are not used or consumed by participants as part of the contest, game, event, or endeavor but instead are used solely as a reward or prize. Selling alcoholic beverages in the regular course of business is not considered a violation of this section.
HISTORY: 1997 Act No. 98, Section 2; 2005 Act No. 139, Section 20.
Subarticle 8
Hospitality Cabinets
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2300. Definitions.

As used in this subarticle:
(1) "Alcoholic beverages" means alcoholic liquors, as defined in Section 61-6-20, and beer and wine, as defined in Section 61-4-10.
(2) "Legal drinking age" means the age when a person legally may purchase or consume an alcoholic beverage.
(3) "Hospitality cabinet" means a closed container, refrigerated in whole or in part or nonrefrigerated, where access to the interior portion where alcoholic beverages are contained is restricted by means of a locking device which requires the use of a key, magnetic card, or similar device.
(4) "Qualified facility" means a hotel, inn, or motel licensed to sell alcoholic beverages for on-premises consumption and which contains guest room accommodations. It includes condominiums owned or managed by an otherwise qualified facility.
(5) "Qualified registered guest" means each person of legal drinking age who signs the guest register of a qualified facility or takes equivalent action for the purpose of registering as a guest of the qualified facility.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2310. Qualified facilities; hospitality cabinets; notification of approval.

After approval by ordinance by the governing body of the county or municipality in which a qualified facility licensed to sell alcoholic beverages on its premises is located, the qualified facility also may sell the beverages in sealed containers in individual portions to its qualified registered guests by means of a hospitality cabinet located in the rooms of these guests, if the conditions of this chapter are met. Within ten days of approval by the governing body, qualified facilities within its jurisdiction and the South Carolina Department of Revenue must be notified of the approval.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2320. Limitations on alcoholic beverages contained in cabinets.

(A) The type of alcoholic beverages contained in a hospitality cabinet of a qualified facility is limited to those beverages for which the facility is licensed to sell on its premises.
(B) The hospitality cabinet may contain no more than thirty individual portions of alcoholic beverages at one time.
(C) The hours during which guests may have access to a hospitality cabinet are not limited to the hours that the qualified facility is licensed to sell alcoholic beverages unless this provision is specified by the governing body in the ordinance.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2330. Portion of cabinets containing nonalcoholic beverages or food; restrictions.

A hospitality cabinet may be part of another furniture unit or device, refrigerated in whole or in part or nonrefrigerated, from which nonalcoholic beverages or food may be purchased by the guests in qualified facility guest rooms. However, if nonalcoholic beverages or food may be purchased, the portion of the hospitality cabinet or similar device in which alcoholic beverages are stored must be a hospitality cabinet as defined in Section 61-6-2300.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2340. Locking of cabinet containing alcoholic beverages; limits on access.

(A) Those portions of a hospitality cabinet containing alcoholic beverages must remain locked at all times when a guest room is unrented, except for taking inventory or restocking and replenishing the hospitality cabinet.
(B) Access to a hospitality cabinet in a particular guest room must be provided, by furnishing a key, magnetic card, or similar device, only to a qualified registered guest of legal drinking age, registered to stay in the guest room.
(C) Before providing a key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room to the qualified registered guest, the licensee shall verify that the qualified registered guest is of legal drinking age.
(D) A key, magnetic card, or similar device required to obtain access to the hospitality cabinet in a particular guest room may be given only to the qualified registered guest if requested by that guest and only if the guest is not visibly or obviously intoxicated.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2350. Alcoholic beverage restock and replenishment supplies.

(A) Alcoholic beverages used to restock and replenish a facility's hospitality cabinets must be kept locked in a separate, secure room or cabinet, except when the hospitality cabinets are restocked and replenished.
(B) The hospitality cabinets may be restocked and replenished with alcoholic beverages only during those hours when the beverages may be sold on the premises.
HISTORY: 1997 Act No. 13, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2370. Civil penalties.

In lieu of the punishment provided in Section 61-2-250 and notwithstanding any other provision of law, a person or qualified facility found guilty of violating the provisions of this subarticle is punishable by a civil fine of not less than one hundred dollars.
HISTORY: 1997 Act No. 13, Section 1.
Subarticle 9
Miscellaneous Provisions
Editor's Note
2005 Act No. 139, Section 25, provides as follows:
"This act establishes a license to sell alcoholic liquors by the drink. All statutes and regulations applicable to minibottle licenses or permits or applications for licenses or permits apply to licenses or permits for alcoholic liquors by the drink. All minibottle licenses or permits in effect before the effective date of this act are considered to be licenses or permits to sell alcoholic liquors by the drink after the effective date of this act through the expiration of the license or permit."
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2400. Taxation.

Alcoholic liquors sold by the drink must be taxed pursuant to Chapter 33, Title 12.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 21.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2410. Restaurants with Class A licenses.

A restaurant with a Class A 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 6 - Alcoholic Beverage Control Act › Section 61-6-2420. Restaurants with Class B licenses.

This article does not authorize a Class B Restaurant to sell, dispense, barter, or trade in alcoholic liquors by the drink. The law controlling Class B Restaurants in reference to the sale or dispensing of alcoholic liquors is not affected in any manner.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 22.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2430. Discounting of prices by wholesale distributor.

A wholesale distributor of alcoholic liquor may discount product price based on quantity purchases if all discounts are on price only for each location, appear on the sales records, and are available to all licensed retail dealers with a wholesaler's basic permit issued pursuant to the Federal Alcohol Administration Act or any other alcoholic liquor retail license.
HISTORY: 2005 Act No. 139, Section 2.
Subarticle 11
Penalties for Violations of Article 5
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2600. Penalties.

Except as otherwise provided in this title, a person who transports, possesses, or consumes alcoholic liquors except in a manner permitted by this article or a person who violates any of the provisions of this article 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. In addition, a person licensed to sell alcoholic liquors pursuant to the provisions of this article who acts to avoid the payment of the excise tax imposed on the serving of alcoholic beverages by the drink provided for in Chapter 33, Title 12 or who violates another provision of this article must:
(1) for a first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than thirty days, or both;
(2) for a second offense within three years of the first offense, be fined not less than two hundred dollars nor more than five hundred dollars or have his license suspended for not more than one hundred eighty days, or both;
(3) for a third offense within three years of the first offense, be fined not less than five hundred dollars and have his license revoked permanently;
(4) for a violation involving the avoidance of taxes, be fined not less than one thousand dollars and permanent revocation of his license.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 139, Section 23.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2610. Further penalties.

A person, corporation, or organization who has in its possession, custody, or within its control alcoholic liquors which are handled, stored, kept, possessed, transported, used, or distributed in violation of any provision of the ABC Act or with the design of avoiding payment of license taxes provided in Chapter 33 of Title 12, or other taxes must be required to pay a penalty of twenty dollars per container to be assessed by the department as other taxes are collected. The department may, upon good cause shown, remit any penalties provided in this section in whole or in part. In addition, these alcoholic liquors are contraband and may be seized and confiscated without a warrant by the division, its respective agents, or a peace officer, and must be disposed of in accordance with 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 61-6-2820. Importation by registered producers.

No person other than a registered producer may ship, move, or cause to be shipped or moved alcoholic liquors from a point outside the State to a point inside the State, and then only in accordance with the provisions of this article. 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 any alcoholic liquors from any 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, winery, or owner of vinous or spirituous beverages at the time it becomes a marketable product, or bottler, or the exclusive agent of any such person, 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.
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 61-6-2830. Registration of brand names.

No alcoholic liquors may be shipped or moved into this State unless each brand of alcoholic liquors is registered with the department in accordance with the provisions of this article and regulations of the department promulgated thereunder.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 6 - Alcoholic Beverage Control Act › Section 61-6-2840. Applications for certificates of registration.

(A) A producer must apply to the department on forms the department prescribes for a certificate of registration. This certificate must be approved and issued before the shipment of alcoholic liquors by the producer to a point within the State.
(B) A producer, at the time application is made for a certificate of registration, must remit a fee of two hundred dollars to the department. When a certificate is applied for on or after March first, the fee is one hundred fifty dollars.
(C) A certificate of registration is valid from the date of issue until the second August thirty-first after the issuance of the license.
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 61-6-2850. Certificates of registration of brand names.

(A) A registered producer, before the shipment of alcoholic liquors to a point within the State, must obtain from the department a certificate of registration for each brand of alcoholic liquors intended to be shipped to a point within this State. The department must provide appropriate forms for application for certificate of registration of brands of alcoholic liquors.
(B) An application for a certificate of registration of brands of alcoholic liquors must be accompanied by a fee of twenty dollars payable to the department for each brand except the first five brands of a registered producer.
(C) A certificate of registration of brands of alcoholic liquors is valid from the date of issue to the second August thirty-first after the issuance of the license.
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 61-6-2860. Affirmation of corporate policy.

A registered producer of alcoholic liquors must, at the time of application for registration in this State, file with the department an affirmation of corporate policy with regard to sales of all brands owned, controlled, sold, offered for sale, franchised, or distributed by the producer in this State. The affirmation must certify that the producer shall not wilfully sell or offer for sale any alcoholic liquors of a particular brand and proof in any other state at a price lower than the price these liquors are sold or offered for sale to licensed South Carolina wholesalers.
"Price", as used in this section, means platform price at the distillery and does not include price differentials based on transportation costs, containers, or other costs not directly related to the quality and proof of the product concerned. Quantity discount prices for liquors sold to monopoly states or elsewhere must not be considered to be violations of the producer's affirmation if these discount prices are also offered to South Carolina wholesalers for purchases in the same quantities.
A registered producer who fails to file this affirmation or wilfully violates the pledges contained in the affirmation must have its registration and privileges to import and sell alcoholic liquors in the State revoked, canceled, or suspended at the discretion of the department for a period as the department considers necessary and proper.
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 61-6-2870. Biennial certificate of registration.

No person is qualified as a producer representative unless he applies to the department for a biennial certificate of registration and the certificate has been approved and issued. The department must provide appropriate forms for application for a certificate of registration as a producer representative.
Upon submission of an application for a certificate of registration, a fee of fifty dollars must be paid to the department.
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 61-6-2880. Interest in wholesale or retail liquor business.

No person having a direct or indirect interest in a wholesale or retail liquor business in this State may qualify as a producer representative.
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 61-6-2890. Warehouses.

(A) A registered producer may not store alcoholic liquors in a warehouse of the registered producer unless licensed by the department. Application for license to operate a warehouse must be filed on forms prescribed by the department.
(B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March 1, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August 31 after the issuance of the license.
HISTORY: 1996 Act No. 415, Section 1; 1998 Act No. 442, Section 5E.