(A) In addition to the provisions of Section 61-6-2000, the department may issue a temporary permit to allow the possession, sale, and consumption of alcoholic liquors by the drink. This permit is valid for a period not to exceed twenty-four hours and may be issued only to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales. The department shall charge a nonrefundable filing fee of one hundred dollars for processing each application and a daily permit fee of fifty dollars for each day for which a permit is approved. An application must be filed for each permit requested. The department must also offer the option of an annual fifty-two week temporary permit for a nonrefundable fee of three thousand dollars per year. However, the optional fifty-two week permit must not extend beyond the expiration date of the biennial license issued pursuant to this chapter. If the expiration date is less than fifty-two weeks from the date of the application for the optional fifty-two week permit, the department must prorate the three thousand dollar fee on a monthly basis. The department in its sole discretion shall specify the terms and conditions of the permit.
(B)(1) The filing and permit fees must be distributed by the State Treasurer to the municipality or county in which the retailer who paid the fee is located. The revenue may be used only by the municipality or county for the following purposes:
(a) capital improvements to tourism-related buildings including, but not limited to, civic centers, convention centers, coliseums, aquariums, stadiums, marinas, parks, and recreational facilities;
(b) purchase or renovation of buildings which are historic properties as defined in Section 60-12-10(4) and (5);
(c) festivals that have a demonstrable and significant impact on tourism;
(d) local youth mentor programs to serve juvenile offenders under the jurisdiction of the family court;
(e) contributions to matching funds necessary for a local government or entity to receive funding from the Legacy Trust Fund pursuant to Chapter 22, Title 51;
(f) contributions to a redevelopment authority pursuant to Chapter 12, Title 31;
(g) acquiring fee and less than fee interest in land while it is still available to be held in perpetuity as wildlife preserves or believed to be needed by the public in the future for active and passive recreation uses and scenic easements, to include the following types of land: ocean, harbor, and pond frontage in the form of beaches, dunes, and adjoining backlands; barrier beaches; fresh and saltwater marshes and adjoining uplands; land for bicycle paths; land protecting existing and future public water supply, well fields, highway buffering and aquifer recharge areas; land for wildlife preserves; and land for future public recreational facilities;
(h) nourishment, renourishment (resanding), and maintenance of beaches;
(i) dune restoration, including the planting of grass, sea oats, or other vegetation useful in preserving the dune system;
(j) maintenance of public beach access;
(k) capital improvements to the beaches and beach-related facilities, such as public parking areas for beach access; dune walkovers and restroom facilities, with or without changing rooms, at public beach parks; and
(l) construction and maintenance of drainage systems.
(2) The revenue may not be used for operating expenses of tourism-related buildings.
(C)(1) A permit authorized by this section may be issued only in those counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permit. The county or municipal election commission, as the case may be, shall conduct a referendum upon petition of at least ten percent but not more than seven thousand five hundred qualified electors of the county or municipality, as the case may be. The petition form must be submitted to the election commission not less than one hundred twenty days before the date of the referendum. The names on the petition must be on the petition form provided to county election officials by the State Election Commission. The names on the petition must be certified by the election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The election commission shall cause a notice to be published in a newspaper circulated in the county or municipality, as the case may be, at least seven days before the referendum. The state election laws shall apply to the referendum, mutatis mutandis. The election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. On or after June 21, 1993, the question on the ballot shall be one or both of the following:
(a) "Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the possession, sale, and consumption of alcoholic liquors by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?" or
(b) "Shall the Department of Revenue be authorized to issue temporary permits in this (county) (municipality) for a period not to exceed twenty-four hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?".
(2) On or after June 21, 1993, a question authorized by this subsection may not appear on the ballot for a county or municipality less than forty-eight months following the failure of a question authorized by this subsection in said county or municipality.
(3) The expenses for a referendum for this purpose must be paid by the county or municipality conducting the referendum.
(4) In addition to the petition method of calling the referendum provided for in item (1) of this subsection, a county or municipal governing body by ordinance may also call the referendum. Upon receipt of a copy of the ordinance filed with the county or municipal election commission at least sixty days before the date of the next general election, the commission shall conduct the referendum in the manner provided in this section at that general election. The provisions of this item are in addition to the authority of a municipal governing body to call for a referendum under the circumstances enumerated in subsection (D).
(D)(1) The municipal governing body may order a referendum on the question of the issuance of temporary permits to allow the possession, sale, and consumption of alcoholic liquors by the drink in the following circumstances:
(a) parts of the municipality are located in more than one county;
(b) as a result of a favorable vote in a county referendum held pursuant to this section, permits may be issued in only the parts of the municipality located in that county; and
(c) the proposed referendum would authorize issuance of permits in the remaining parts of the municipality.
(2) The method of ordering a referendum provided in this subsection is in addition to the petition method provided in subsection (C). An unfavorable vote in a municipal referendum does not affect the authority to issue these permits in the part of the municipality located in a county where these permits may be issued.
(3) Upon receipt of a copy of the ordinance filed with the municipal election commission at least sixty days before the date of the general election, the commission must conduct the referendum at the time of the general election and publish and certify its results in the same manner as provided in subsection (C). Subsection (C)(2) does not apply to this referendum.
(E) Temporary permits for the sale of beer and wine for off-premises consumption authorized to be issued in a county or municipality pursuant to the referendum provided for at that time may continue to be issued or reissued without the requirement of a further referendum.
(F) Temporary permits issued by the Department of Revenue pursuant to this section may be issued in all parts of a municipality if any part of the municipality is located in a county where the issuance of these permits is allowed.
(G) A business establishment located within a building on the grounds of an international airport in this State where the possession, sale, and consumption of alcoholic liquors by the drink is permitted on its licensed premises may apply for and receive a temporary permit authorized by this section, notwithstanding any other requirements of this section to the contrary, to allow the possession, sale, and consumption of alcoholic liquors by the drink for a period not to exceed twenty-four hours on its licensed premises if any county within the territory of the airport district which operates the international airport or any municipality located within the territory of the district has approved, by referendum, the issuance of these temporary permits.
(H)(1) For purposes of referendums held pursuant to this section, "general election" means a municipal general election held at a time other than the first Tuesday following the first Monday in November of even-numbered years or a county general election held on the first Tuesday following the first Monday in November of even-numbered years.
(2) A municipality that does not have a municipal general election scheduled within the same calendar year as a county general election may call, by ordinance, for a referendum to be held on the same date as the county general election, provided that a copy of the ordinance has been filed with the county and municipal election commissions no later than the date required by Section 7-13-355. The expenses for a referendum ordered by a municipality shall be paid by the municipality. When a municipal referendum is held at the time of a county general election, the referendum may be conducted by a municipal or county election commission as provided for by an agreement between the municipality and the county.
HISTORY: 1996 Act No. 415, Section 1; 1996 Act No. 462, Section 24B; 1997 Act No. 155, Part II, Section 45A; 2000 Act No. 391, Section 1; 2002 Act No. 353, Section 1; 2003 Act No. 70, Sections 15, 16; 2005 Act No. 139, Section 19; 2006 Act No. 259, Section 1; 2006 Act No. 386, Section 56; 2008 Act No. 353, Section 2, Pt 21E.1, eff July 1, 2008; 2011 Act No. 67, Section 4, eff June 17, 2011; 2012 Act No. 266, Section 1, eff June 18, 2012; 2018 Act No. 193 (S.820), Section 1, eff May 17, 2018.
Effect of Amendment
The 2008 amendment added subsection (F) relating to temporary permits.
The 2011 amendment added subsection (G).
The 2012 amendment added subsection (H).
2018 Act No. 193, Section 1, rewrote (C), deleting a prior reference to a date and providing a subsequent referendum may not be held less than forty-eight months following the failure of a question.
Structure South Carolina Code of Laws
Title 61 - Alcohol and Alcoholic Beverages
Chapter 6 - Alcoholic Beverage Control Act
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 61-6-80. 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 61-6-190. License tax.
Section 61-6-195. Retail dealer must certify purchases from wholesaler.
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 61-6-1140. 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 61-6-1560. Discounts on alcoholic liquors or nonalcoholic items.
Section 61-6-1600. Nonprofit organizations; time when sale of alcoholic beverages prohibited.
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 61-6-1800. License required.
Section 61-6-1810. Applications.
Section 61-6-1820. Criteria for license; notice.
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 61-6-2200. 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 61-6-2410. 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 61-6-2610. 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 61-6-4030. 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 61-6-4085. 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.