reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 15 - South Carolina Arts Commission › Section 60-15-60. Duties of commission.

The duties of the commission shall include but not be limited to the following:
(1) To stimulate and encourage throughout the State the study and presentation of the performing and fine arts and public interest and participation therein;
(2) To make such studies as may be deemed advisable of public and private institutions engaged within the State in artistic and cultural activities, including but not limited to music, theater, dance, painting, sculpture, architecture and allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the State;
(3) To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of the State of South Carolina and to expand the State's cultural resources; and
(4) To do such other things as may be necessary to carry out the provisions of this chapter.
HISTORY: 1962 Code Section 9-356; 1967 (55) 439.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 15 - South Carolina Arts Commission › Section 60-15-70. Powers of commission.

The commission is hereby authorized to hold public or private hearings; to enter into contracts, within the amount made available by appropriation therefor, with individuals, organizations and institutions for services furthering the educational objectives of the commission's programs; to enter into contracts, within the amount made available by appropriation therefor, with local and regional associations for cooperative endeavors furthering the educational objectives of the commission's programs; to accept gifts, contributions and bequests of an unrestricted nature from individuals, foundations, corporations and other organizations or institutions for the purpose of furthering the educational objectives of the commission's programs; to purchase and own property, both real and personal; to make and sign any agreements and to do and perform any acts that may be necessary, desirable or proper to carry out the purposes of this chapter. The commission may request and shall receive from any department or agency of the State such assistance and data as will enable it to carry out its power and duties.
HISTORY: 1962 Code Section 9-357; 1967 (55) 439; 1969 (56) 94.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 15 - South Carolina Arts Commission › Section 60-15-75. Statewide cultural districts.

(A) The commission shall develop criteria and guidelines for designating a cultural district by the State.
(B) A cultural district:
(1) must be a geographical area that is within a community and that has a concentration of cultural facilities, creative enterprises, or arts venues located within it;
(2) may be home to not-for-profit and for-profit creative entities; and
(3) is intended to impact the larger community in which it is located by:
(a) attracting artists, creative entrepreneurs, and cultural enterprises;
(b) encouraging economic development;
(c) encouraging the preservation and reuse of historic buildings;
(d) fostering local cultural development; and
(e) providing a focal point for celebrating and strengthening its unique cultural identity.
(C) A geographical area of the State only may be designated as a cultural district under the provisions of this section by applying to the commission for the designation, satisfying criteria and other requirements of this section, and upon approval by the commission.
(D) The commission shall:
(1) provide leadership and assistance to a community that seeks to develop or foster a cultural district;
(2) develop a process through which a community may apply for the designation of a cultural district by the State, including:
(a) specific guidelines and criteria; and
(b) a process for the periodic evaluation of the success of a designated cultural district and the periodic recertification of the district; and
(3) pursue partnerships and collaborative agreements with other public agencies and the private sector to maximize the benefits and value of cultural districts designated by the commission.
HISTORY: 2014 Act No. 232 (S.1172), Section 1, eff June 3, 2014.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 15 - South Carolina Arts Commission › Section 60-15-90. Commission designated official agency of State to receive certain federal funds.

The Commission shall be the official agency of the State to receive and disburse any funds made available by the Federal Government for programs related to the creative and interpretive arts.
HISTORY: 1962 Code Section 9-359; 1967 (55) 439.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 17 - South Carolina Confedrate Relic Room And Military Museum Commission › Section 60-17-10. South Carolina Confederate Relic Room and Military Museum Commission.

(A) The South Carolina Confederate Relic Room and Military Museum Commission is established and must be composed of nine voting members who shall be appointed for terms of four years and until their successors are appointed and qualify, except as specified in subsection (B) for initial terms. The members of the board shall be appointed as follows:
(1) three members appointed by the Governor;
(2) two members appointed by the President of the Senate;
(3) one member appointed by the President of the Senate upon the recommendation of the South Carolina Division Commander of the Sons of Confederate Veterans;
(4) two members appointed by the Speaker of the House of Representatives; and
(5) one member appointed by the Speaker of the House of Representatives upon the recommendation of the President of the South Carolina Division of the United Daughters of the Confederacy.
(B)(1) Initially, in order to stagger terms:
(a) one member appointed by the Governor shall serve a term of one year;
(b) one member appointed by the Governor shall serve a term of two years;
(c) one member appointed by the Governor shall serve for three years;
(d) one member appointed by the President of the Senate shall serve for one year;
(e) one member appointed by the President of the Senate shall serve for two years;
(f) one member appointed by the President of the Senate shall serve for three years;
(g) one member appointed by the Speaker of the House of Representatives shall serve for one year;
(h) one member appointed by the Speaker of the House of Representatives shall serve for two years; and
(i) one member appointed by the Speaker of the House of Representatives shall serve for three years.
(2) At the expiration of these initial terms, successors must be appointed for terms of four years.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 17.A, eff July 1, 2015; 2019 Act No. 1 (S.2), Section 75, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 75, in (A), in the first sentence, substituted "The" for "Effective July 1, 2015, the", in (2) and (3), substituted "President of the Senate" for "President Pro Tempore of the Senate"; redesignated (B) as (B)(1), (1) to (9) as (a) to (i), and inserted the (2) designator; and in (B)(1), in (d), (e), and (f), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 17 - South Carolina Confedrate Relic Room And Military Museum Commission › Section 60-17-20. Authorization to receive donations and collect fees.

(A) The South Carolina Confederate Relic Room and Military Museum is authorized to supplement its state appropriations by receiving donations of funds and artifacts and admission fees and to expend these donations and fees to support its operations and for the acquisition, restoration, preservation, and display of its collection.
(B) The South Carolina Confederate Relic Room and Military Museum is authorized to collect, retain, and expend fees from research and photographic processing requests and from the sale of promotional items.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 17.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 17 - South Carolina Confedrate Relic Room And Military Museum Commission › Section 60-17-30. Removal or disposition of artifacts in permanent collection.

No artifacts owned by the State in the permanent collections of the South Carolina Confederate Relic Room and Military Museum may be permanently removed or disposed of except by a Concurrent Resolution of the General Assembly.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 17.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 60 - Libraries, Archives, Museums and Arts › Chapter 17 - South Carolina Confedrate Relic Room And Military Museum Commission › Section 60-17-40. Director of South Carolina Confederate Relic Room and Military Museum.

The Director of the South Carolina Confederate Relic Room and Military Museum must be selected by the South Carolina Confederate Relic Room and Military Museum Commission after consultation with the South Carolina Division Commander of the Sons of the Confederate Veterans and the President of the South Carolina Chapter of the United Daughters of the Confederacy. The director shall serve at the pleasure of the commission.
HISTORY: 2014 Act No. 121 (S.22), Pt VI, Section 17.A, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-10. Definitions.

(A) As used in Title 61, unless the context clearly requires otherwise:
(1) "Department" means the South Carolina Department of Revenue.
(2) "Director" means the director of the Department of Revenue.
(3) "Division" means the South Carolina Law Enforcement Division.
(4) "Regulation", unless otherwise specified, means a regulation promulgated by the department or division pursuant to (a) this title or (b) other provisions of the Code relating to beer, wine, and alcoholic liquors, and in accordance with Chapter 23 of Title 1.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-20. Administration and enforcement.

The functions, duties, and powers set forth in this title are vested in the department and the division. The department must administer the provisions of this title, and the division must enforce the provisions of this title.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-30. Personnel.

The department and the division must employ personnel necessary to administer and enforce the laws and regulations governing alcoholic liquors, beer, and wine. Salaries of these personnel must be set by the department and the division, as applicable.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-40. Financial interest of employees.

(A) The chief of the division and the director of the department directly or indirectly (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to a person by blood or marriage within the second degree shall not:
(1) have an interest in the manufacture of or dealing in alcoholic liquors or in an enterprise or industry in which alcoholic liquors are required;
(2) receive a commission or profit on the purchase or sale of alcoholic liquors by any person; or
(3) have an interest in or mortgage or deed of trust on any land or building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in personal property used therein.
(B) No employee of the department may license, permit, or participate in the licensing or permitting of a person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic liquors, beer, and wine if the employee has an ownership interest in that person, business, or organization.
(C) No employee of the division may enforce any law or regulation governing alcoholic liquors, beer, and wine against any person, business, or organization which requires a license or permit for lawful operation under the law and regulations governing alcoholic liquors, beer, and wine if the employee has an ownership interest in that person, business, or organization.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-50. Subpoena powers.

The department may issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents and administer oaths and take testimony thereunder.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-60. Promulgation of regulations.

The department and the division are authorized to promulgate regulations necessary to carry out the duties imposed upon them by law for the proper administration and enforcement of, and consistent with this title including, but not limited to:
(1) regulations for the application and issuance of alcoholic liquor licenses, permits, and certificates;
(2) regulations to prevent the unlawful manufacture, bottling, sale, distribution, transportation, and importation of alcoholic liquors;
(3) regulations necessary to effect an equitable distribution of alcoholic liquors in this State;
(4) regulations for the analysis of alcoholic liquors sold in this State and for a procedure for obtaining the samples for this purpose;
(5) regulations governing the administration and enforcement of provisions relating to producers and wholesalers of beer and wine;
(6) regulations for application for and issuance of beer licenses, permits, or brewers' certificates of approval and the sale, distribution, promotion, and shipment of beer into and within the State;
(7) regulations for the operation of breweries and commercial wineries; and
(8) regulations governing the enforcement of provisions relating to brewpubs.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-80. Exclusive authority to regulate; construction.

The State, through the department, is the sole and exclusive authority empowered to regulate the operation of all locations authorized to sell beer, wine, or alcoholic liquors, is authorized to establish conditions or restrictions which the department considers necessary before issuing or renewing a license or permit, and occupies the entire field of beer, wine, and liquor regulation except as it relates to hours of operation more restrictive than those set forth in this title.
Nothing contained in this section may be considered as prohibiting judicial appeals from decisions of the Administrative Law Court, as authorized by Chapter 23 of Title 1, nor as limiting the authority of the courts in interpreting and applying the laws of this State relating to matters administered by the department.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 40, Section 5.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-90. Application for license or permit.

A person desiring a license or permit under this title must file with the department an application in writing on forms provided by the department containing a statement under oath setting forth:
(1) the name, address, date of birth, race, and nationality of the person applying for the license or permit;
(2) the exact location where the business is proposed to be operated;
(3) a description of the type of business to be operated;
(4) whether the applicant or an owner of the business has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;
(5) whether the applicant 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;
(6) other information required by the department to determine if the application meets all statutory requirements for the license or permit and to determine the true owners of the business seeking the license or permit.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-105. Inspection, investigation, and enforcement fees.

Notwithstanding another provision of law, all initial alcoholic liquor and beer and wine license application fees are increased by one hundred dollars, all biennial alcoholic liquor and beer and wine beverage fees and licenses are increased by two hundred dollars, and all local operation permit fees are increased by fifty dollars. These additional funds must be collected by the Department of Revenue and as soon as practicable allocated to the State Law Enforcement Division to offset the costs of inspections, investigations, and enforcement. SLED is authorized to receive, expend, and carry forward these funds.
HISTORY: 2007 Act No. 96, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-110. Payment of fees by check.

The department must accept checks, in addition to any other method of payment it considers appropriate, in payment of the fees due for a license or permit. If the check is dishonored, the department may suspend the license or permit without notice or a hearing until the applicant makes the payment in a form satisfactory to the department and pays a reinstatement fee of fifty dollars. The department may retain the reinstatement fee in order to offset the cost of this provision.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-120. Biennial license and permit expiration dates.

Biennial licenses and permits issued under this title expire according to the county where the licensed location is situated. The expiration dates are the last day of:
(1) February in years which end in an:
(a) odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkeley Counties;
(b) even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;
(2) May in years which end in an:
(a) odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;
(b) even number for Lancaster, Marion, Marlboro, Union, and York Counties;
(3) August in years which end in an:
(a) odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;
(b) even number for Richland County;
(4) November in years which end in an:
(a) odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;
(b) even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-130. Biennial license and permit refunds.

If a biennial licensee or permittee under this title closes the licensed or permitted business for any reason during the first year of the biennial license or permit period, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the second year of the biennial license or permit period. No licensee or permittee is eligible for a refund under the provisions of this section if the license or permit has been canceled, relinquished, or revoked as a result of an enforcement action or a failure to adhere to the conditions of the license or permit.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-135. Retention of liquor license when business moved within county.

When a person licensed to sell alcoholic liquor or beer and wine moves his business to a new location in the same county that was licensed in the same manner within ninety days of the time of the move, the person may use his current license and is not required to initiate a new application upon approval by the department.
HISTORY: 2003 Act No. 70, Section 3.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-136. Relocation of licensed beer, wine, or liquor wholesale business.

Notwithstanding another provision of law, a currently licensed beer and wine wholesaler or currently licensed alcoholic liquor wholesaler who wishes to relocate the licensed business to a new location within the State must notify the department. This notice must be in writing, must precisely describe the premises to be licensed, must give the date of the move, and must be filed with the department at least thirty days prior to the move. Upon receipt of this notice, the department shall transfer the permit to the new premises effective on the date of the move.
HISTORY: 2005 Act No. 161, Section 23.A.1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-140. Suspension or revocation of licenses and permits.

(A) A person promptly must surrender a license or permit issued under the provisions of this title upon request of the department.
(B) Licenses and permits are the property of the department and are not transferable. Licenses and permits must be surrendered immediately to the department upon the termination of a business, upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been issued. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
(C) Licenses and permits must be issued for a designated location and may not be transferred to another location. A separate license or permit is required for each separate location of a business.
(D) When a license or permit is suspended or revoked, no partner or person with a financial interest in the business may be issued a license or permit for the premises concerned. No person within the second degree of kinship to a person whose license or permit is suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation.
(E) A person whose license or permit has been suspended or revoked for a particular premises is not eligible to receive an additional new license or permit at another location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-145. Liability insurance coverage required; on-premises consumption.

(A) In addition to all other requirements, a person licensed or permitted to sell alcoholic beverages for on-premises consumption, which remains open after five o'clock p.m. to sell alcoholic beverages for on-premises consumption, is required to maintain a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement for a total coverage of at least one million dollars during the period of the biennial permit or license. Failure to maintain this coverage constitutes grounds for suspension or revocation of the permit or license.
(B) The department shall add this requirement to all applications and renewals for biennial permits or licenses to sell alcoholic beverages for on-premises consumption, in which the permittees and licensees remain open and sell alcoholic beverages for on-premises consumption after five o'clock p.m. Each applicant or person renewing its license or permit, to whom this requirement applies, shall provide the department with documentation of a liquor liability insurance policy or a general liability insurance policy with a liquor liability endorsement in the required amounts.
(C) Each insurer writing liquor liability insurance policies or general liability insurance policies with a liquor liability endorsement to a person licensed or permitted to sell alcoholic beverages for on-premises consumption, in which the person so licensed or permitted remains open to sell alcoholic beverages for on-premises consumption after five o'clock p.m., must notify the department in a manner prescribed by department regulation of the lapse or termination of the liquor liability insurance policy or the general liability insurance policy with a liquor liability endorsement.
(D) For the purposes of this section, the term "alcoholic beverages" means beer, wine, alcoholic liquors, and alcoholic liquor by the drink as defined in Chapter 4, Title 61, and Chapter 6, Title 61.
HISTORY: 2017 Act No. 45 (S.116), Section 1, eff July 1, 2017.
Editor's Note
2017 Act No. 45, Section 2, provides as follows:
"This act takes effect on July 1, 2017, and any person applying for a new biennial permit or license for on-premises consumption under Title 61 after this date must comply with the provisions of this act at the time of the application. A person renewing a biennial permit or license under Title 61 after this date must comply with the provisions of this act at the time of the renewal."
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-150. Subsequent tenants.

If a fine is imposed by the department for a violation by a beer, wine or liquor licensee, and the licensee fails to pay the fine and ceases doing business on the premises where the violation occurred, the department must not require a subsequent tenant of the premises to pay the fine as a condition to being issued a beer, wine, or liquor license. However, this prohibition does not apply to any person who is related by blood within the third degree or marriage to, is in business with, or is acting for or on behalf of, directly or indirectly, the licensee so fined.
The burden is on the new tenant to prove that no such relationship exists between him and the licensee.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-160. Issuance, renewal, or transfer of license; delinquent taxes.

A license or permit pursuant to the provisions of this title must not be issued, renewed, or transferred unless the department determines that the applicant does not owe the State delinquent taxes, penalties, or interest. If the department determines that delinquent taxes, penalties, or interest are due, the department shall notify the applicant of the necessary requirements to comply with this section.
HISTORY: 1996 Act No. 415, Section 1; 2005 Act No. 161, Section 23.C.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-170. Drive-through or curb service of alcoholic beverages.

The department may not generate license fees to be deposited in the general fund of the State through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquors, beer, or wine to be sold on a drive-through or curb service basis.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-175. Foreign person or corporate entity shipping alcoholic beverages to resident not holding valid license; cease and desist order; penalties.

(A) Any person or corporate entity (including partnerships) located in another state or country who knowingly and intentionally ships, causes to be shipped, or accepts for shipment any beer, wine, or alcoholic liquors directly to any resident of this State who does not hold a valid producer's, manufacturer's, wholesaler's, or special food manufacturer's license or producer representative's certificate of registration issued by the State of South Carolina is in violation of this title.
(B) Any person, corporation, or partnership found by the department to be in violation of subsection (A) of this section shall be issued a notice to cease and desist. Any person, corporation, or partnership who, after receiving a cease and desist order, is found by the department to be in violation of subsection (A) of this section for a second or subsequent occurrence within a two-year period of the first violation is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed $10,000. This subsection shall not apply to any person, corporation, or partnership who has registered brands for sale with the department pursuant to this title and who has current licenses and who has posted adequate surety bonds as required by this title; however, violations of subsection (A) constitute grounds for the department to take appropriate administrative action against the person, including suspension or cancellation of license and forfeiture of bonds.
HISTORY: 1997 Act No. 98, Section 1; 2003 Act No. 40, Section 1.C.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-180. Special events or activities.

A person or organization licensed by the department under this title may hold and advertise special events such as bingo or other similar activities intended to raise money for charitable purposes. This section does not affect the requirements for obtaining a bingo license from the department. A special event or activity that is authorized pursuant to this section is not an exception or limitation to Section 12-21-2710 or other provisions of the South Carolina Code of Laws in which gambling or games of chance are unlawful and prohibited.
HISTORY: 1996 Act No. 415, Section 1; 2013 Act No. 5, Section 1, eff March 22, 2013.
Effect of Amendment
The 2013 amendment deleted "Notwithstanding any other provision of law" from the beginning of the first sentence, deleted the reference to raffles in the first sentence, and add the third sentence relating to section 12-21-2710.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-200. Summons.

There shall be one official summons which may be used by all agents and inspectors of the division when making arrests for violations of the laws and regulations governing alcoholic liquors, beer, and wine in offenses for which the magistrate's court has jurisdiction. The division must prescribe the form of the summons and print copies.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-210. Jurisdiction of magistrates court.

When a person is charged by an agent or inspector of the division with a criminal offense for which a magistrate's court has jurisdiction, the person charged, upon being served with the official summons issued by the agent or inspector, must appear before the proper judicial officer at the time and place stated in the summons. The service of the summons vests the court with jurisdiction to hear and dispose of the charge for which the summons was issued.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-220. Affidavit for search warrant.

When this title provides that a search warrant may be issued upon an affidavit based on information and belief, the affidavit must contain a statement setting forth the sources of information and the facts and grounds of belief upon which the affiant bases his belief.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-240. Interference with officer; abusive language.

Interference by any person with, obstruction or resistance of, or abusive language to any officer or person in the discharge of his duties under this title or the use of abusive language by the officer or person to another person is a misdemeanor. A person who violates this section must, upon conviction, be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not less than three months nor more than one year.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-250. Sentencing.

In cases of conviction for the violation of a provision of this title when no punishment is provided, the person must be fined not less than one hundred dollars or imprisoned not less than three months, in the discretion of the court.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 2 - General Provisions › Section 61-2-260. Contested case hearings.

Contested case hearings arising under the provisions of this title must be heard by the Administrative Law Court pursuant to the South Carolina Revenue Procedures Act and the Administrative Procedures Act.
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 61-4-10. Nonalcoholic beverages defined.

The following are declared to be nonalcoholic and nonintoxicating beverages:
(1) all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
(2) all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent; and
(3) all wines containing not in excess of twenty-one percent of alcohol by volume.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 14, Section 1; 2007 Act No. 107, Section 2.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-20. Sales without taxes levied.

It is unlawful for a person to sell or permit to be sold beer, ale, porter, wine, malt, or other beverage authorized to be sold under this chapter on which the tax levied has not been paid. A person having charge of the sale of one of these beverages who sells or permits it to be sold in violation of the provisions of this section is guilty of a misdemeanor and, upon conviction, for each offense must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not less than ten days nor more than thirty days, 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 61-4-30. Cash sales.

Beer or wine sold by wholesalers to the holders of retail licenses in this State must be sold for cash only at the time of delivery or prior to delivery. For purposes of this section, "cash" means money or a bona fide check, money order, or electronic transfer of funds if the transfer of funds is initiated by an irrevocable payment order on or before delivery of the beer or wine. The electronic transfer must be initiated by the wholesaler no later than one business day after delivery. A holder of a retail permit who issues a check or an irrevocable payment order in payment for beer or wine with insufficient funds at the bank to cover the check violates the provisions of this section. This provision for cash payment applies to cash deposits on empties when beer is delivered in returnable containers. This deposit on bottles or draft beer containers must not be less than the charge from the brewery to the wholesaler.
HISTORY: 1996 Act No. 415, Section 1.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-40. Credit sales prohibited.

A holder of a beer permit or a beer and wine permit may not purchase beer or wine, or both, on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the holder for a first violation of this section. If a holder commits a second or subsequent violation, his retailer's permit may be suspended, canceled, or revoked by the department, or a monetary penalty of not more than twenty-five dollars may be assessed against him.
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 61-4-50. Sales to underage persons.

(A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 103, Section 9.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-60. False information about age.

It is unlawful for a person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine. A person who violates the provisions of this section, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or be imprisoned for not more than thirty days, or both.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 103, Section 10.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-70. Posting signs.

A person engaged in the business of selling at retail beer or wine must post in each location for which he has obtained a permit a sign with the following words printed thereon: "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 beer or wine who fails to display the sign required by this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
A person found guilty of a violation of Section 61-6-1530 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 61-4-80. Purchase of beer or wine for a person to whom it cannot lawfully be sold.

It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold on the premises. A person who violates this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 103, Section 11.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-100. Criminal charges brought against both seller and purchaser.

(A) If a person is charged with a violation of the unlawful sale of beer or wine to minors pursuant to Section 61-4-50, the minor also must be charged with a violation of the unlawful purchase or possession of beer or wine pursuant to Section 63-19-2440. In addition, if the minor violated false information as to age pursuant to Section 61-4-60 or if an adult violated the unlawful purchase of beer or wine for a person who cannot lawfully buy pursuant to Section 61-4-80, these persons also must be charged with their violations.
(B) A person may not be charged with a violation of Section 61-4-50 if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the provisions of subsections (A) and (B), a person under the age of twenty-one may be recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-4-50 without the requirement that the minor also be charged.
HISTORY: 1996 Act No. 415, Section 1; 2007 Act No. 103, Section 13.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-110. Open containers in motor vehicle.

It is unlawful for a person to have in his possession, except in the trunk or luggage compartment, beer or wine in an open container in a motor vehicle of any kind while located upon the public highways or highway rights of way of this State. This section must not be construed to prohibit the transporting of beer or wine in a closed container, and this section does not apply to vehicles parked in legal parking places during functions such as sporting events where law enforcement officers are on duty to perform traffic control duties. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days.
For purposes of this section, beer or wine means any beer or wine containing one-half of one percent or more of alcohol by volume.
HISTORY: 1996 Act No. 415, Section 1; 2000 Act No. 390, Section 31.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-120. Sunday sales; exception.

(A) It is unlawful for a person to sell or offer for sale wine or beer in this State between the hours of twelve o'clock Saturday night and sunrise Monday morning. However, an establishment licensed pursuant to Article 5 of Chapter 6 is authorized to sell these products during those hours in which the sale of alcoholic liquors by the drink is lawful. A person who violates the provisions of this section is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. The right of a person to sell wine and beer in this State under a license issued by the State must be forfeited and the license revoked upon his conviction of violating the provisions of this section.
(B) Notwithstanding subsection (A) and other provisions of law, wine may be sold on Sunday if the wine is produced using grapes grown in this State, the grapes are harvested, processed, fermented, bottled, and sold at the same contiguous location, the seller meets all applicable licensing and taxing requirements, and the local governing body of the county or municipality where the sale occurs adopts an ordinance permitting wine sales on Sunday under these limited circumstances.
HISTORY: 1996 Act No. 415, Section 1; 2003 Act No. 70, Section 4; 2005 Act No. 139, Section 5; 2008 Act No. 243, Section 1, eff May 27, 2008.
Effect of Amendment
The 2008 amendment designated subsection (A) and added subsection (B) relating to Sunday sales of wine produced using grapes grown in the State.
2023 South Carolina Code of Laws › Title 61 - Alcohol and Alcoholic Beverages › Chapter 4 - Beer, Ale, Porter, And Wine › Section 61-4-130. Seizure of contraband beer or wine; retention of possession upon posting of cash bond; forfeiture of bond.

If beer or wine is sold or delivered to a person from a place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning, all beer and wine found in the place of business is contraband and must be seized by a peace officer and handled as contraband liquor. However, the person owning or claiming the beer or wine may retain possession of it by delivering to the peace officer a cash bond in an amount equal to the cost price of the beer or wine. The cost price must not be less than the average price charged for a like quantity of beer or wine by a licensed wholesaler. The peace officer receiving the bond must deliver a written receipt to the person posting the bond. If the peace officer is a representative of the division, the cash bond must be deposited with the State Treasurer. If the peace officer is a representative of a municipality, the cash bond must be deposited with the municipal treasurer. In all other cases, the cash bond must be deposited with the treasurer of the county in which the beer or wine was located when declared contraband. If the department or court determines that the person charged with the violation which required the posting of a bond was not guilty of the offense charged, the bond must be returned to the person posting the bond. If the person charged is found guilty, the bond must be forfeited to the State, county, or municipality, as the case may be.
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 61-4-140. Open containers on Sundays.

A person who drinks beer or wine or possesses beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at a place licensed to sell beer or wine is considered guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
HISTORY: 1996 Act No. 415, Section 1.