Indicates Matter Stricken

Indicates New Matter

Committee Report

May 01, 2024

H. 4231

Introduced by Reps. M. M. Smith, Davis, Bernstein, Guest, Brittain, Henegan, B. Newton, Carter, B. L. Cox, Bannister, Herbkersman, Robbins, Schuessler, Hart and Leber

S. Printed 05/01/24--S.

Read the first time February 15, 2024

________

The committee on Senate Judiciary

To whom was referred a Bill (H. 4231) to amend the South Carolina Code of Laws by amending Section 61-6-1155, relating to micro-distilleries, so as to provide that a micro-distillery may sell certain, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, SECTION 2, by striking Section 61-6-4160(C)(1), (2), (3), and (4) and inserting:

    (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 county or municipal 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 or municipal election officials by the State Election Commission. The names on the petition must be certified by the county or municipal election commission within sixty days after receiving the petition form. The referendum must be conducted at the next general election. The county or municipal 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 must apply to the referendum, mutatis mutandis. The county or municipal election commission shall publish the results of the referendum and certify them to the South Carolina Department of Revenue. The question on the ballot must be:

    "Shall the South Carolina Department of Revenue be authorized to issue permits to licensed retail dealers in this (county) (municipality) to allow for the sale of alcoholic liquors on Sunday between 1:00 p.m. and 5:00 p.m. in compliance with the provisions of the Alcoholic Beverage Control Act?"

       (2) A referendum for this purpose may not be held by a county or municipality more often than once in forty-eight months by the same county or municipality initiating the referendum.

       (3) The conducting of a referendum by a county shall not affect the right of a municipality which is within that county to conduct a referendum within forty-eight months of the county referendum.

       (4) The expenses for this purpose must be paid by the county or municipality conducting the referendum.

       (5) In addition to the petition method of calling the referendum provided for in item (1), a county or municipal governing body by ordinance also may 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).

Amend the bill further, SECTION 2, by striking Section 61-6-4160(D)(1) and (2) and inserting:

    (D)(1) The municipal governing body may by ordinance order a referendum on the question of the issuance of permits to allow the sale of alcoholic liquors 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.

Amend the bill further, SECTION 2, by striking Section 61-6-4160