South Carolina Code of Laws
Chapter 6 - Alcoholic Beverage Control Act
Section 61-6-141. Maximum alcohol retail dealer licenses to one licensee.

To protect the health, safety, and morals of the residents of this State, the issuance of retail dealer licenses must be governed pursuant to the following requirements to promote adequate law enforcement, regulatory measures, health care costs, and associated impacts on the health, safety, and welfare of the state's residents resulting from the anticipated sales of liquor, and to curb relationships and practices calculated to stimulate sales and impair the state's policy favoring trade stability and the promotion of temperance, in determining whether a political subdivision is adequately served pursuant to Section 61-6-170, and to provide for an orderly provision of retail dealer licenses:
(1) The department shall not issue more than three retail dealer licenses to one licensee, and the licensee must be eligible for a license for each store pursuant to Section 61-6-110.
(2) The limitation of no more than three retail dealer licenses to one licensee does not apply to a person having an interest in retail liquor stores as of July 1, 1978.
(3)(a) A licensee may be issued up to an additional three retail dealer licenses under the conditions provided in this item. Additional retail dealer licenses issued pursuant to this item must be for retail locations in counties with populations in excess of two hundred fifty thousand residents. Licensees issued a retail dealer license pursuant to this subitem may not operate more than two stores in a county with a population in excess of two hundred fifty thousand residents.
(b) A licensee who as of March 21, 2018, operates three retail dealer licensed stores within a county with a population in excess of two hundred fifty thousand residents may be issued two additional retail dealer licenses under subitem (a) to operate in that county.
HISTORY: 2018 Act No. 147 (H.4729), Section 2, eff April 4, 2018.

Editor's Note
2018 Act No. 147, Sections 1 and 6, provide as follows:
"SECTION 1. The General Assembly finds and declares that:
"(A) The State has a substantial interest in exercising its powers and the powers granted to the State by the Twenty-first Amendment to the Constitution of the United States and in regulating alcoholic liquors, including the activities of manufacturers, importers, wholesalers, and retailers; the number and localities of retail dealer licenses; and the influences that affect the consumption levels of alcoholic liquors by the people of the State.
"(B) The state's police power to regulate the business of retail liquor sales in the manner and to the extent allowed by law including, but not limited to, Section 1, Article VIII-A of the South Carolina Constitution, 1895, includes regulating the number and localities of retail dealer licenses that a person may be issued and regulating what wholesalers may deliver to persons licensed to sell alcoholic liquors for on-premises consumption, processes that affect the health, safety, and morals of the State.
"(C) The public policy of this State and the legislative purpose of this act is to:
"(1) strictly regulate alcoholic liquors to protect the health of this State and its residents. Excessive use of alcohol has wide ranging deleterious health effects, including death. The General Assembly acknowledges that, according to the United States Centers for Disease Control, during the period from 2006-2010 an average of 1,539 of this state's residents suffered alcohol attributed deaths due to excessive alcohol use and the rate of binge drinking in this State is ranked among the highest in the nation;
"(2) strictly regulate alcoholic liquors to protect the safety of this State and its residents. The General Assembly acknowledges that, according to the National Highway Traffic Safety Administration, this State had three hundred thirty-one alcohol-impaired driving fatalities in 2016, which accounted for thirty-three percent of the total traffic fatalities in the State. Attributed deaths due to alcohol-impaired driving in this State is ranked among the highest in the nation;
"(3) strictly regulate alcoholic liquors to protect the morals of this State and its residents by fostering moderation and responsibility in the use and consumption of alcoholic liquors. The General Assembly recognizes the prevalence of scientific data compiled by the Community Prevention Services Task Force establishing a positive association between outlet density, including the number of retail liquor stores, and excessive alcohol consumption and related harms and further concurs with the task force's recommendation to limit outlet density in the effort to address those problems;
"(4) protect the collection of state taxes imposed upon alcoholic liquors;
"(5) protect the interests of consumers against fraud and misleading practices in the sale of alcoholic liquors and avoid problems associated with indiscriminate price cutting and excessive advertising of alcoholic liquors;
"(6) provide a framework for the sale of alcoholic liquors that recognizes and encourages the beneficial aspects of competition and to prevent monopolies;
"(7) maintain trade stability and provide for the continuation of control and orderly processing by the State over the number and locations of retail liquor stores;
"(8) prevent the concentration of retail liquor stores in close proximity thereby affecting the health and morals of the State;
"(9) prohibit discrimination in the sale of alcoholic liquors to retail licensees."
"SECTION 6. (A)(1) Until May 31, 2018, the department shall not issue more than three retail dealer licenses to one licensee, and the licensee must be eligible for a license for each store pursuant to Section 61-6-110.
"(2) The limitation of no more than three retail dealer licenses to one licensee does not apply to a person having an interest in retail liquor stores as of July 1, 1978. Additional retail dealer licenses may be issued to that person as provided in this section.
"(B) Beginning June 1, 2018, no more than four retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.
"(C) Beginning June 1, 2020, no more than five retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110.
"(D) Beginning June 1, 2022, no more than six retail dealer licenses may be issued to one licensee, and the licensee must be eligible for each license for each store pursuant to Section 61-6-110."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 61 - Alcohol and Alcoholic Beverages

Chapter 6 - Alcoholic Beverage Control Act

Section 61-6-10. Citation.

Section 61-6-20. Definitions.

Section 61-6-30. Excluded products; violations.

Section 61-6-40. Relationship with other laws.

Section 61-6-50. Wilful violation of rule or regulation.

Section 61-6-60. Administration and enforcement personnel.

Section 61-6-70. Personnel.

Section 61-6-80. Annual reports.

Section 61-6-100. Authority to issue, suspend, and revoke licenses.

Section 61-6-110. Qualifications for license.

Section 61-6-120. Proximity to church, school, or playground; exception.

Section 61-6-130. Licensees per household.

Section 61-6-141. Maximum alcohol retail dealer licenses to one licensee.

Section 61-6-151. Prohibitions on licensee's interests in retail liquor stores.

Section 61-6-160. Unincorporated towns and communities.

Section 61-6-170. Retail dealer licenses per community.

Section 61-6-180. Notice of application.

Section 61-6-185. Protest of issuance or renewal of license; attendance at hearing; court costs and other penalties.

Section 61-6-190. License tax.

Section 61-6-195. Retail dealer must certify purchases from wholesaler.

Section 61-6-500. Consumption and possession of alcoholic beverages in publicly-owned auditoriums, coliseums, or armories.

Section 61-6-505. Temporary retail liquor license upon purchase or acquisition of retail business.

Section 61-6-700. Food service establishments.

Section 61-6-710. Special food manufacturer's license.

Section 61-6-720. Licensing of bakeries using alcoholic beverages as ingredients; fee; restrictions.

Section 61-6-900. Death of licensee.

Section 61-6-910. Qualifications for license.

Section 61-6-920. Suspension or revocation of license.

Section 61-6-930. Revocation of wholesaler's license.

Section 61-6-940. Indebtedness of retailer to wholesaler.

Section 61-6-950. Sale of alcoholic liquors by former licensee.

Section 61-6-1035. Sampling of wines.

Section 61-6-1095. Definitions

Section 61-6-1100. Restrictions upon manufacturers.

Section 61-6-1110. Manufacturer's license; fee.

Section 61-6-1120. Micro-distillery licenses; fee.

Section 61-6-1130. Tastings and sales of alcoholic liquors; remission of taxes; maintenance of records.

Section 61-6-1140. Tastings and retail sales on licensed premises; limitations.

Section 61-6-1150. Tastings and retail sales; additional limitations and requirements.

Section 61-6-1155. Micro-distilleries; on-premises consumption of liquors.

Section 61-6-1160. Violation of provisions of subarticle; penalties.

Section 61-6-1300. Restrictions upon wholesalers.

Section 61-6-1310. Separate store or warehouse.

Section 61-6-1320. Monthly statements.

Section 61-6-1500. Restrictions upon retail dealers; unlawful practices; penalties.

Section 61-6-1505. Retail dealer may be licensed to cash checks.

Section 61-6-1510. Separate store or place of business; advertising encouraging underage drinking.

Section 61-6-1530. Signs required to be posted.

Section 61-6-1540. Nonalcoholic merchandise.

Section 61-6-1550. Carriers engaged in interstate travel.

Section 61-6-1555. Purchase and use of beer, wine, and alcoholic liquor directly from wholesaler by airline companies; penalties.

Section 61-6-1560. Discounts on alcoholic liquors or nonalcoholic items.

Section 61-6-1600. Nonprofit organizations; time when sale of alcoholic beverages prohibited.

Section 61-6-1610. Food service establishments or places of lodging; Sunday and other time restrictions on sale of alcoholic beverages; refilling bottles.

Section 61-6-1620. Possession or consumption of alcoholic liquors on premises open to public.

Section 61-6-1630. License restriction; retail dealer; liquor by the drink licensee.

Section 61-6-1636. Purchasing and sale of alcoholic liquor by the drink.

Section 61-6-1637. Substituting brands of alcoholic liquor.

Section 61-6-1640. Sampling of wine, cordials, and distilled spirits.

Section 61-6-1650. Samples of wine in excess of sixteen and one-half percent alcohol, cordials, or distilled spirits.

Section 61-6-1800. License required.

Section 61-6-1810. Applications.

Section 61-6-1820. Criteria for license; notice.

Section 61-6-1825. Protest of issuance or renewal of license; attendance at hearing; court costs; penalties.

Section 61-6-1830. Suspension, revocation, or nonrenewal of license.

Section 61-6-2000. Temporary permits for nonprofit organizations; criminal background checks.

Section 61-6-2005. Temporary retail liquor license upon purchase or acquisition of business.

Section 61-6-2010. Temporary permits upon referendum vote.

Section 61-6-2015. Temporary permit to sell beer and wine for on-premises consumption; terms; qualifications

Section 61-6-2016. Motorsports entertainment, tennis, soccer, or baseball complex, biennial license for purchase and sale for on-premises consumption.

Section 61-6-2200. Age of server.

Section 61-6-2220. Sales to intoxicated persons.

Section 61-6-2230. Drinking contests or games prohibited; definitions.

Section 61-6-2300. Definitions.

Section 61-6-2310. Qualified facilities; hospitality cabinets; notification of approval.

Section 61-6-2320. Limitations on alcoholic beverages contained in cabinets.

Section 61-6-2330. Portion of cabinets containing nonalcoholic beverages or food; restrictions.

Section 61-6-2340. Locking of cabinet containing alcoholic beverages; limits on access.

Section 61-6-2350. Alcoholic beverage restock and replenishment supplies.

Section 61-6-2360. Regulations.

Section 61-6-2370. Civil penalties.

Section 61-6-2400. Taxation.

Section 61-6-2410. Restaurants with Class A licenses.

Section 61-6-2420. Restaurants with Class B licenses.

Section 61-6-2430. Discounting of prices by wholesale distributor.

Section 61-6-2600. Penalties.

Section 61-6-2610. Further penalties.

Section 61-6-2800. Applicability.

Section 61-6-2810. Exemption for South Carolina manufacturers.

Section 61-6-2820. Importation by registered producers.

Section 61-6-2830. Registration of brand names.

Section 61-6-2840. Applications for certificates of registration.

Section 61-6-2850. Certificates of registration of brand names.

Section 61-6-2860. Affirmation of corporate policy.

Section 61-6-2870. Biennial certificate of registration.

Section 61-6-2880. Interest in wholesale or retail liquor business.

Section 61-6-2890. Warehouses.

Section 61-6-2900. Shipment or transfer of imported liquors.

Section 61-6-2910. Invoices covering shipments into State.

Section 61-6-2920. Invoices covering shipments out of State or to wholesaler.

Section 61-6-2930. Contraband liquors.

Section 61-6-2940. Issuance of certificates or licenses.

Section 61-6-2950. Suspension or revocation of certificates or licenses.

Section 61-6-2960. Audit or examination of records.

Section 61-6-2965. Relationship with other laws.

Section 61-6-2970. Monies received.

Section 61-6-2980. Proof-of-purchase promotions.

Section 61-6-4000. Relationship with other laws.

Section 61-6-4010. Unlawful manufacture, possession, or sales.

Section 61-6-4020. Transportation in motor vehicle.

Section 61-6-4025. Possession of unlawfully acquired or manufactured alcoholic liquors in vehicle, vessel, or aircraft.

Section 61-6-4030. Transportation of alcoholic liquors in taxi or other vehicle for hire.

Section 61-6-4040. Rendering aid in unlawful transportation.

Section 61-6-4050. Purchase from unlicensed retail dealer.

Section 61-6-4060. Storage in place of business.

Section 61-6-4070. Transfer to person under the age of twenty-one years.

Section 61-6-4075. Purchase of alcoholic beverage for minor; penalty.

Section 61-6-4080. Sale to person under the age of twenty-one years; penalty; completion of merchant education program.

Section 61-6-4085. Charges against seller and minor purchaser; compliance tester exception.

Section 61-6-4090. Effect of conviction or plea.

Section 61-6-4100. Distilleries.

Section 61-6-4110. Distilling or manufacturing; violations.

Section 61-6-4120. Materials used in the manufacture of alcoholic liquors.

Section 61-6-4130. Presence at distillery, prima facie evidence of guilt.

Section 61-6-4140. Employment of persons under the age of twenty-one years.

Section 61-6-4150. Sale from vehicle, vessel, or aircraft.

Section 61-6-4155. Unlawful use of alcohol without liquid device; penalties; exceptions.

Section 61-6-4157. Powdered or crystalline alcohol; penalties; exceptions.

Section 61-6-4160. Sunday sales; Christmas Day sales; penalties.

Section 61-6-4170. Billboards encouraging underage drinking; penalty.

Section 61-6-4180. Possession of firearm or weapon.

Section 61-6-4190. Refusal or frustration of inspection.

Section 61-6-4200. Dispossession or attempted dispossession of alcoholic liquors.

Section 61-6-4210. General penalties.

Section 61-6-4220. Effect of conviction, plea, or bond forfeiture as prior offense.

Section 61-6-4230. Sentencing.

Section 61-6-4240. Reports of convictions, pleas, or bond forfeitures.

Section 61-6-4250. Certificates of convictions, pleas, or bond forfeiture.

Section 61-6-4260. Effect of conviction, plea, or bond forfeiture upon license.

Section 61-6-4270. Monetary penalties.

Section 61-6-4280. Transferability of licenses or permits.

Section 61-6-4290. Suspension of driver's license.

Section 61-6-4300. Seizure of alcoholic liquors or vehicle, vessel, or aircraft.

Section 61-6-4310. Sale of seized items.

Section 61-6-4320. Destruction of alcoholic liquors.

Section 61-6-4330. Bidding process.

Section 61-6-4340. Confiscation of certain vehicles, vessels, and aircraft.

Section 61-6-4350. Storage of seized chattel.

Section 61-6-4360. Notice of motor vehicle seizure.

Section 61-6-4370. Sale of chattel.

Section 61-6-4380. Proceeds of sale.

Section 61-6-4390. Actions to recover possession of chattel.

Section 61-6-4400. Stay of sale; appraisals.

Section 61-6-4410. Bonds for immediate possession of chattel.

Section 61-6-4420. Proof of claim.

Section 61-6-4430. Release of seized chattel.

Section 61-6-4440. Settlement of claims; joint claimants.

Section 61-6-4450. Distribution of proceeds.

Section 61-6-4460. Clear title.

Section 61-6-4470. Proceedings against confiscated alcoholic liquors.

Section 61-6-4480. Sheriffs' reports of seized chattels.

Section 61-6-4490. Preemption of field.

Section 61-6-4500. Municipal court jurisdiction.

Section 61-6-4510. Municipal police officers.

Section 61-6-4520. Federal labeling law.

Section 61-6-4530. Notes of indebtedness.

Section 61-6-4540. Search warrants.

Section 61-6-4550. Discount prices.

Section 61-6-4700. Consumption of alcoholic liquor on premises.

Section 61-6-4710. Lawful possession or consumption.

Section 61-6-4720. Consumption of alcoholic liquor in public conveyance.