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.
Structure South Carolina Code of Laws
Title 61 - Alcohol and Alcoholic Beverages
Chapter 2 - General Provisions
Section 61-2-20. Administration and enforcement.
Section 61-2-40. Financial interest of employees.
Section 61-2-50. Subpoena powers.
Section 61-2-60. Promulgation of regulations.
Section 61-2-70. Authority to issue licenses, permits, and certificates.
Section 61-2-80. Exclusive authority to regulate; construction.
Section 61-2-90. Application for license or permit.
Section 61-2-100. Persons entitled to be licensees or permittees.
Section 61-2-105. Inspection, investigation, and enforcement fees.
Section 61-2-110. Payment of fees by check.
Section 61-2-120. Biennial license and permit expiration dates.
Section 61-2-130. Biennial license and permit refunds.
Section 61-2-135. Retention of liquor license when business moved within county.
Section 61-2-136. Relocation of licensed beer, wine, or liquor wholesale business.
Section 61-2-140. Suspension or revocation of licenses and permits.
Section 61-2-145. Liability insurance coverage required; on-premises consumption.
Section 61-2-150. Subsequent tenants.
Section 61-2-160. Issuance, renewal, or transfer of license; delinquent taxes.
Section 61-2-170. Drive-through or curb service of alcoholic beverages.
Section 61-2-180. Special events or activities.
Section 61-2-185. Special nonprofit event licenses; donations of alcohol; requirements; definitions.
Section 61-2-190. Warrantless arrests.
Section 61-2-210. Jurisdiction of magistrates court.
Section 61-2-220. Affidavit for search warrant.
Section 61-2-230. Suspension of constable or magistrate.
Section 61-2-240. Interference with officer; abusive language.