South Carolina Code of Regulations Chapter 7 - ALCOHOLIC BEVERAGES, BEER AND WINE
The South Carolina Code of Regulations (SCCR) Chapter 7 governs Alcoholic Beverages, Beer, and Wine in the state. This comprehensive set of regulations is primarily administered by the South Carolina Department of Revenue (SCDOR), specifically its Alcohol Beverage Licensing (ABL) division, and the South Carolina Law Enforcement Division (SLED) for enforcement.
South Carolina operates under a three-tiered distribution system for alcoholic beverages: manufacturers, wholesalers (distributors), and retailers. The regulations in Chapter 7 ensure the proper licensing, distribution, sale, and consumption of alcohol within this system.
Here's a breakdown of the key areas and articles typically found in SCCR Chapter 7:
Article 6 - General Provisions (e.g., §§ 7-200 to 7-202.3):
Application Requirements: Details the specifics for applying for liquor, beer, and wine licenses. This includes describing the exact areas where alcohol will be stored, sold, or served (buildings, floors, rooms, patios, recreation areas).
Permit/License Naming: Requires all related permits and licenses (beer/wine, liquor store, food preparation) to be in the same name.
Changes in Ownership/Designee: Outlines procedures for changes in the designated officer/employee for publicly traded corporations, and clarifies that a new permit is required if a partnership incorporates, even with the same owners, as a corporation is a distinct legal entity.
Records Keeping: Mandates that licensees maintain records of all purchases of liquor, beer, and wine within the state for at least three years, including seller names, dates, and quantities, and make them available for inspection by SCDOR or SLED.
Protests of Licenses: Specifies the requirements for protesting the issuance or renewal of permits/licenses, including who can protest (residents of the county) and deadlines for filing protests.
Article 7 - Alcoholic Liquors (Subarticles 1 to 4):
These subarticles specifically regulate alcoholic liquors (spirits). This would cover aspects like:
Licensing for retail liquor stores.
Rules for "liquor by the drink" licenses (for on-premises consumption).
Permits for selling alcoholic beverages in sealed containers of two ounces or less (mini-bottles).
Potentially regulations regarding tastings of high-alcohol wine and spirits.
Article 8 - Beer and Wine (e.g., §§ 7-700 to 7-702.5):
This article specifically governs beer and wine. Key regulations include:
Alcohol Content: Defines limitations on alcohol content for beer (e.g., "Beer, ale, porter or other similar malt beverages containing more than five percent (5%) of alcohol by weight cannot be distributed by wholesale beer and wine dealers or wholesale liquor dealers and cannot be treated as wine for tax purpose1s").
Sales and Distribution: Regulations concerning the sale of beer and wine by manufacturers to distributors, and by distributors to retailers.
Credit Sales: Prohibits retailers from purchasing beer or wine on credit from wholesalers, with penalties for violations.
Transfers between Retailers: Prohibits unlawful transfers of beer or wine between permitted retail locations for resale.
Tastings: Rules for wine tastings, including limits on the number of tastings per quarter for retail liquor stores.
Direct Shipping: Regulations for out-of-state wine shippers to consumers, including licensing requirements and alcohol content limits for direct-shipped wine (e.g., no more than 16.5% alcohol by volume).
Coupons and Rebates: Specific rules on which tier (manufacturer, wholesaler, retailer) can offer or sponsor coupons and rebates for consumers.
Article 9 - Hospitality Cabinets in Hotel Rooms (e.g., § 7-800):
This article would address the specific regulations for the sale and consumption of alcoholic beverages from mini-bars or hospitality cabinets in hotel rooms.
Key Regulatory Principles and Prohibitions:
Age Restrictions: It is strictly prohibited to permit or knowingly allow a person under 21 to purchase, possess, or consume alcoholic liquors, beer, or wine on a licensed premise. The legal age to pour alcohol is 21, and to serve alcohol is 18.
Permit is a Personal Privilege: Licenses and permits are granted to specific individuals or entities and cannot be transferred from one person or business to another without proper re-application.
Designated Areas: Alcohol can only be stored, served, or sold in areas specifically designated in the license application.
Taxes and Fees: While Chapter 7 focuses on regulations, it operates in conjunction with South Carolina Code Title 12, Chapter 33, which covers alcoholic beverages taxes. The SCDOR is responsible for collecting these taxes and license fees.
"Wet" vs. "Dry" Areas: While the state has overarching rules, local ordinances (e.g., in cities like Beaufort) can add further restrictions on public consumption, open containers, or sales on Sundays in parks or during athletic events.
Who Regulates Alcoholic Beverages in South Carolina?
The primary state agency regulating alcoholic beverages, beer, and wine in South Carolina is the South Carolina Department of Revenue (SCDOR), specifically its Alcohol Beverage Licensing (ABL) Division. They handle licensing, renewals, and most of the regulatory oversight.
The South Carolina Law Enforcement Division (SLED) is primarily responsible for the enforcement of alcohol-related laws and investigations of violations.
Accessing the Regulations:
For the most current and official version of the South Carolina Code of Regulations, including Chapter 7, it is always best to refer to the South Carolina Legislature's website (specifically the coderegs section) or the South Carolina Department of Revenue's ABL section on their official website (dor.sc.gov/tax/abl). These are the authoritative sources for the most up-to-date regulations.
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