(A) No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:
(1) sell beer or wine to a person under twenty-one years of age;
(2) sell beer or wine to an intoxicated person;
(3) permit gambling or games of chance except game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with the following:
(a) the game promotion is conducted or offered in connection with the sale, promotion, or advertisement of a consumer product or service, or to enhance the brand or image of a supplier of consumer products or services;
(b) no purchase payment, entry fee, or proof of purchase is required as a condition of entering the game promotion or receiving a prize;
(c) all materials advertising the game promotion clearly disclose that no purchase or payment is necessary to enter and provide details on the free method of participation; and
(d) this subsection 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;
(4) permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices 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;
(5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State;
(6) sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State;
(7) conduct, operate, organize, promote, advertise, run, or participate in a "drinking contest" or "drinking game". For purposes of this item, "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 beer or wine 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 beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section; or
(B) a violation of any provision of this section is a ground for the revocation or suspension of the holder's permit.
HISTORY: 1996 Act No. 415, Section 1; 1997 Act No. 98, Section 3; 1999 Act No. 52, Section 1; 2013 Act No. 5, Section 2, eff March 22, 2013.
Effect of Amendment
The 2013 amendment added subsection (3)(d), relating to Section 12-21-2710, added subsection identifier (8) to the former last sentence, and made other nonsubstantive changes.
Structure 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.
Section 61-4-20. Sales without taxes levied.
Section 61-4-40. Credit sales prohibited.
Section 61-4-50. Sales to underage persons.
Section 61-4-60. False information about age.
Section 61-4-70. Posting signs.
Section 61-4-80. Purchase of beer or wine for a person to whom it cannot lawfully be sold.
Section 61-4-90. Transfer of beer or wine for underage person's consumption.
Section 61-4-100. Criminal charges brought against both seller and purchaser.
Section 61-4-110. Open containers in motor vehicle.
Section 61-4-120. Sunday sales; exception.
Section 61-4-140. Open containers on Sundays.
Section 61-4-150. Sales by unlicensed persons.
Section 61-4-160. Discount pricing for on-premises consumption.
Section 61-4-170. Beverages resembling vegetable, fruit, or soft drinks.
Section 61-4-190. Warrants for unpaid penalties.
Section 61-4-200. Transfers of beer or wine.
Section 61-4-210. Temporary retail permits.
Section 61-4-220. Food service.
Section 61-4-230. Refusal to permit inspection.
Section 61-4-240. Temporary possession, consumption, or sale permits.
Section 61-4-260. Monies received.
Section 61-4-270. Revocation of permits.
Section 61-4-300. "Producer" defined.
Section 61-4-310. Certificate of registration.
Section 61-4-320. Suspension or revocation of certificate of registration.
Section 61-4-330. Books and records audit.
Section 61-4-340. Shipping; brand registration.
Section 61-4-350. Seizure and sale of contraband beer or wine.
Section 61-4-360. Samples of wine.
Section 61-4-500. Applications.
Section 61-4-510. Special retail beer and wine permits.
Section 61-4-520. Retail permits; requirements.
Section 61-4-530. "Dry" political subdivisions in neighboring states.
Section 61-4-540. Issuance of permits; bonds.
Section 61-4-550. Special permits for use at fairs and special functions.
Section 61-4-560. Operation without a permit.
Section 61-4-570. Wine service for consumption on premises.
Section 61-4-580. Prohibited acts.
Section 61-4-590. Revocation or suspension of permits; department investigation and determination.
Section 61-4-600. Surrender of license.
Section 61-4-610. Unlawful sales.
Section 61-4-630. Sunday sales.
Section 61-4-700. Wine labeling.
Section 61-4-710. Labels, standards, and identity.
Section 61-4-720. Sale of wine by winery located in state; wine tastings.
Section 61-4-725. Wine sales by temporary permit; authorized hours.
Section 61-4-730. Sales by permitted wineries.
Section 61-4-736. Coupons and rebates for the purchase of wine.
Section 61-4-737. Wine tastings.
Section 61-4-740. Special orders for out-of-state wine.
Section 61-4-745. Transporting into and out of State for personal consumption; limits; labeling.
Section 61-4-748. Certain wineries eligible for satellite location certificates.
Section 61-4-750. Adulterated wine.
Section 61-4-760. Inspection of out-of-state wine; wine packages.
Section 61-4-770. Wines containing more than sixteen and one-half percent alcohol.
Section 61-4-900. Posting of retail permit.
Section 61-4-910. Penalties; revocation or suspension of permit.
Section 61-4-920. Penalties for violation of rule or regulation.
Section 61-4-930. Wholesaler advertising.
Section 61-4-940. Practices between manufacturer, wholesaler, and retailer.
Section 61-4-942. Distribution agreements; prohibited acts.
Section 61-4-945. Coupons and rebates for the purchase of beer.
Section 61-4-960. Retailers of beer for off-premises consumption, beer tastings; penalties.
Section 61-4-1100. Prohibited practices.
Section 61-4-1110. Shipment and receipt of malt beverages.
Section 61-4-1120. Jurisdiction of court to enjoin cancellation or termination.
Section 61-4-1130. Sale of beer wholesale interest.
Section 61-4-1140. Enforcement.
Section 61-4-1300. Territorial agreements.
Section 61-4-1310. Filings with the department.
Section 61-4-1320. Resale price agreements.
Section 61-4-1500. Breweries and wineries.
Section 61-4-1510. Permit applications.
Section 61-4-1515. Breweries; sales of beer for on- and off-premises consumption; penalties.
Section 61-4-1520. Violation of rule or regulation.
Section 61-4-1530. Operation of brewery or winery without permit.
Section 61-4-1540. Adoption of Chapter 21 of Title 12.
Section 61-4-1700. Definitions.
Section 61-4-1720. Permit in lieu of certain other permits.
Section 61-4-1740. Authority of permittee.
Section 61-4-1750. Compliance with DHEC rules and regulations.
Section 61-4-1760. Off-premises sales or shipment.
Section 61-4-1770. Suspension or revocation of permit.
Section 61-4-1910. Definitions.