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