2017 South Carolina Code of Laws
Title 61 - Alcohol and Alcoholic Beverages
CHAPTER 6 - ALCOHOLIC BEVERAGE CONTROL ACT
Section 61-6-140. Licenses per licensee.

Repealed by 2017 Act No. 62, Section -4.C, effective April 5, 2018.

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, the issuance of retail dealer licenses must be governed pursuant to the following requirements:

(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) The General Assembly finds that the issuance of multiple retail dealer licenses pursuant to this section should exist only for a time certain to serve and promote the policies set forth in this section. It is the intent of the General Assembly to provide for a sunset provision on the limitation of three retail dealer licenses held by one licensee as enacted by this section. The provisions of this section are therefor repealed on April 5, 2018.

HISTORY: 1996 Act No. 415, Section 1; 2017 Act No. 62 (H.3137), Section 4.A, eff May 19, 2017.

Validity

For validity of this section, see Retail Services & Systems, Inc., d/b/a Total Wine & More v. South Carolina Department of Revenue & ABC Stores of South Carolina, 419 S.C. 469, 799 S.E.2d 665 (2017).

Effect of Amendment

2017 Act No. 62, Section 4.A, rewrote the section, providing that the department shall not issue more than three retail dealer licenses to one licensee and providing for a sunset provision of the section.