Information Pamphlets for Beer, Wine, and Liquor
The following pamphlets are provided to give taxpayers more information on the process to obtain an alcohol beverage license. Application forms are available from the Department of Revenue website at http://www.sctax.org.
Biennial retail beer and wine permits
I. Requirement. If you intend to sell beer or wine or if you intend to furnish beer or wine in the cost of other goods or services, you must have a retail permit to sell beer and wine (§ 61-4-500). It is a crime to operate a business that should have a retail beer and wine permit without first obtaining the permit (§ 61-4-560). In addition, all beer or wine on the premises becomes contraband, and must be seized by law enforcement officers (§ 61-4-150).
II. Application. Applications may be obtained by contacting the Alcoholic Beverage Licensing Section at (803) 898-5864, or by calling fax on demand at 1-800-768-3676 or (803) 898-5320. Application forms are also available on the Department's website at http://www.sctax.org. It is a crime to furnish false information on the application.
a. Fees. The initial application requires a nonrefundable filing fee of $300. Permits cost $600 every two years.
b. Owner must apply. The applicant for the beer and wine permit must be the true owner of the business, and must also have a retail sales tax license for the business (§ 61-2-100).
c. Good moral character. The applicant, all employees, and all principals must be of good moral character (§ 61-2-100). The applicant cannot have had revoked a beer and wine permit within the preceding two years (§ 61-4-520). When a license or permit has been suspended or revoked, no partner or person with a financial interest in the business may be issued a license or permit for the premises concerned (§ 61-2-140). No person within the second degree of kinship to a person whose license or permit has been suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation (§ 61-2-140).
d. Age and residence. The applicant must be at least 21 years of age, must be a legal resident of the United States, and must have maintained his or her principle place of abode in South Carolina for at least thirty days prior to filing the application (§ 61-4-520).
e. Location. The location of the proposed place of business must be suitable for the sale of beer and wine. The Department may consider, among other factors, the proximity to residences, schools, playgrounds, and churches (§ 61-4-520).
f. Newspaper advertisement. The applicant must advertise his or her intention to apply for the beer and wine permit in a newspaper most likely to give notice to interested citizens (§ 61-4-520). The advertisement must be published once a week for three consecutive weeks. Contact the Alcoholic Beverage Licensing Section at the number shown above if you are unsure which newspaper will give this required notice. Your application packet will list approved newspapers. It is the applicant's responsibility to advertise in the correct newspaper.
g. Notice to the public. A sign must be displayed at the proposed place of business for at least fifteen days. An agent of the South Carolina State Law Enforcement Division must place and remove this sign (§ 61-4-520(8). If the sign is removed by any person other than the agent, the location will have to be re-posted.
h. Three tier prohibition. No person or entity in any other tier of the beer or wine business may have any ownership or financial interest in the beer or wine business operation of the retail applicant (§ 61-4-940).
i. SLED investigation. All beer and wine permit applications are investigated by the South Carolina Law Enforcement Division. This investigation usually requires thirty to forty-five days, and will be delayed if the beer and wine application is incomplete, incorrect information has been furnished on the application, or if the applicant does not promptly return the investigating agent's telephone calls.
j. Protests. Any person residing in the county where a beer and wine permit is being sought, or a person residing within five miles of the location, may protest the issuance of the permit (§ 61-4-525). Such a protest will significantly delay a beer and wine application, as a contested case hearing must be held before the Administrative Law Judge Division. Due to notice and scheduling requirements, it usually takes two to four months for a hearing to held from the time the file is transmitted to the Administrative Law Judge Division by the South Carolina Department of Revenue. Files cannot be transmitted until the application is complete, the investigation is complete, all notice periods have run, and the applicant has requested a hearing. Therefore, it is extremely important that the applicant follow the instructions in the application packet, fully answer all questions, and furnish all required information with the application. Once the Department has transmitted an application to the Administrative Law Judge Division, the Division will schedule the matter for a hearing. Once a file has been transmitted to the Division, all requests for information and all motions must be filed with the Administrative Law Judge Division, P.O. Box 11667, Columbia, SC 29211-1667. The telephone number of the Administrative Law Judge Division is (803) 734-0550.
k. Temporary permits not to exceed 120 days. A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process my be issued a temporary beer and wine permit (§ 61-4-210). This permit is valid until the biennial permit is approved or denied, but in no case can the temporary permit be valid for more than 120 days from the date of issuance. The fee for this permit is $25.00. The location for which the temporary permit is sought must not be considered by the Department to be a public nuisance. All principals must be of good moral character, and cannot owe the State or Federal governments any back taxes, penalties, or interest. The principals must either have a current beer and wine permit, or must have had a criminal history background check conducted by the South Carolina State Law Enforcement Division within the past thirty days. The fee for the criminal history background check is $25.00, payable by money order or business check made payable to SLED. Personal checks are not accepted. Criminal histories may be obtained in person at SLED Headquarters, 4400 Broad River Rd., Columbia, S.C., between 8:30 AM and 5:00 PM, or by mail from SLED, ATTN: Criminal Records Department, PO box 21398, Columbia, SC 29221-1398. Each principal must include the $25.00 SLED fee, a self-addressed envelope, his or her full name, social security number and date of birth. The telephone number of SLED's Criminal Records Department is (803) 896-2019.
l. Local zoning. Before filing your application for a retail permit to sell beer and wine, you are strongly encouraged to check with your local zoning authorities to insure that your business will comply with local zoning requirements.
III. Expiration dates of permits. Beer and wine permits expire according to the county where the licensed premises is located (§ 61-2-120). The expiration dates are the last day of:
a. February in years which end in an:
A. Odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkelely Counties;
B. Even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;
b. May in years which end in an:
A. Odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;
B. Even numbers for Lancaster, Marion, Marlboro, Union, and York Counties;
c. August in years that end in:
A. Odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;
B. Even number for Richland County;
d. November in years which end in an:
A. Odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;
B. Even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.
IV. Permit renewal. File your renewal application at least thirty days before your permit expires. A timely renewal by mail will prevent you from having to wait in a lengthy line. If you allow your permit to expire, you cannot sell beer and wine, and you will have to pay a filing fee to obtain your permit. You may be required to re-advertise, and a new SLED investigation may be required. If you owe delinquent taxes, interest, or penalties, your permit will not be renewed (§ 61-2-160).
V. Sales tax license required. In addition to your beer and wine permit, before you sell any item, you must first obtain a retail business license (sales tax license) from the South Carolina Department of Revenue (§ 12-36-510). There is a one-time fee of fifty dollars for this license.
VI. Federal special occupational tax. Prior to selling beer or wine, you must also pay a Federal Special Occupational Tax. This tax is due before commencing the business to sell beer and wine, and thereafter, on or before July 1 each year at the rate of $250. For detailed information and taxpayer assistance contact the Bureau of Alcohol, Tobacco, and Firearms, National Revenue Center, Cincinnati, Ohio, toll-free at 1-800-937-8864, or 513-684-2979. For tax returns, ATF F 5630.5, and instructions, you may visit www.atf.treas.gov or write to: Bureau of Alcohol, Tobacco & Firearms, Room 8002 Federal Office Building, 550 Main Street, Cincinnati, Ohio 45202.
VII. Special seven days retail beer and wine permits. In counties and municipalities that have held a public referendum and the public has approved, retailers may apply for a special permit that allows the sale of beer and wine seven days a week, twenty-four hours a day for off premises consumption (§ 61-4-510). The cost of this permit is one thousand dollars per year. These permits are available in the following jurisdictions: Charleston County, and the municipalities of Beaufort, Edisto Island, Hilton Head Island, Port Royal, Yemassee, and Bluffton.
VIII. Special permits for businesses that close on Saturday for religious purposes. A person who closes his business establishment or refrains from operating his business on Saturdays for religious reasons may, upon filing an affidavit of closing on Saturdays for religious reasons, be allowed to sell beer and wine on Sundays (§ 61-4-620). This special permit is available only in those counties that have authorized special seven days retail beer and wine permits. The cost for this special permit is an additional fifty dollars per year.
IX. Sale of beer and wine at locations with a minibottle license. If you have a minibottle license for your premises, in addition to the hours shown below in Paragraph X, it is legal to sell beer and wine any time that you can lawfully sell minibottles (61-4-120). You may also sell wine not in excess of twenty-one percent by volume (§ 61-4-570). Wine containing alcohol between 16% and 21% (by volume) may be sold only to be consumed on the premises. Wine containing less than 16% may be sold to be consumed on the premises, and may be sold to go.
X. Hours. Unless you have one of the special permits listed above, State law authorizes you to sell beer and wine twenty-four hours a day, except between the hours of twelve-o'clock Saturday night and sunrise Monday morning (§ 61-4-120). Caution: If beer or wine is delivered to any person from a place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning, all beer and wine found in the place of business is contraband, and must be seized by law enforcement officers.
XI. Alcohol content. The alcohol in beer cannot exceed five percent by weight (§ 61-4-10 and SLED Regulations 7-47 & 7-77). Wines containing more than sixteen percent of alcohol by volume may be sold only in liquor stores, or by locations with a minibottle license (§ 61-4-770). Beer containing less than ½ percent alcohol by volume is not regulated by the State of South Carolina as a beer or alcoholic beverage.
XII. Licensed premises. Licensed premises includes those areas normally used by the permittee to conduct his or her business and includes, but is not limited to the following: Selling areas, storage areas, food preparation areas, and parking areas. A separate permit is required for each separate and distinct area in which beer or wine is sold (SLED regulation 7-81).
XIII. Change of ownership. If you sell your business, you must surrender your beer and wine permit to the Department immediately. Beer and wine permits cannot be transferred to the new owner. If you allow the new owner to use your beer and wine permit, you will be held financially responsible for any violation committed by the new owner (§ 61-2-140). If the permit is issued to a corporation, sale of twenty-five percent or more of the corporate stock is a change of ownership.
XIV. Change in the character of the property, facilities, or nature of the business activity. If there is a change in the character of the property, facilities, or nature of your business activity, you must immediately surrender your beer and wine permit to the Department (§ 61-2-140).
XV. Termination of the business. If you cease operating your business, you must immediately surrender your beer and wine permit to the Department (§ 61-4-120).
XVI. Required sign. A person selling beer at retail must post a sign with the following words: "The possession of beer, wine, or alcoholic liquors, by a person under twenty-one years of age is a criminal offense under the laws of this State, and it is also unlawful for a person to knowingly give false information concerning his age for the purpose of purchasing beer, wine, or liquor. (§ 61-4-70)." The lettering on this sign must be no smaller than ½ inch. If the beer and wine permit is for on-premises consumption, the sign must be posted behind the bar. If the beer and wine permit is for off-premises consumption, the sign must be posted at the check-out counter (SLED Regulation 7-99). Signs may be obtained by contacting the South Carolina Department of Revenue, Alcoholic Beverage Licensing Section.
XVII. Discount pricing for on-premises consumption. At locations with on-premises permits, beer or wine may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. One cannot charge less than one-half of the price regularly charged, or on a two or more for one basis. Beverages can be dispensed for free to customers only on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the South Carolina Department of Revenue (§ 61-4-160).
XVIII. Minimum age of employees.
a. Sealed containers of beer and wine. There is no minimum age in the beer and wine law. Various other State and Federal laws address the minimum age of employees generally.
b. Open containers of beer and wine. Employees who sell and deliver open containers of beer and wine must be at least eighteen years of age (§ 20-7-8920).
c. Bartenders. Bartenders must be at least twenty-one years of age (§ 20-7-8920).
XIX. Prohibited acts.
a. Abusive language to an officer. § 61-2-240.
b. Accepting any equipment, fixtures, free beer or wine, or service from a wholesaler. § § 61-4-735, 61-4-940.
c. Accepting USDA Food Stamps as payment for beer or wine. SLED Regulation 7-89.
d. Advertising, selling, or dispensing beer or wine for free, at a price less than one-half the price regularly charged, or on a two or more for one basis. § 61-4-160.
e. Conducting, operating, organizing, promoting, advertising, running, or participating in a drinking contest or drinking game. § 61-4-580(7).
f. Failing to display beer and wine permit. SLED Regulation 7-79.
g. Interference with an officer. § 61-2-240.
h. Permitting a person under twenty-one years of age to possess or consume beer. SLED Regulation 7-71.
i. Permitting any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State. § 61-4-580(5).
j. Permitting gambling. § 61-4-580(3).
k. Permitting lewd, immoral, or improper entertainment, conduct or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full-opaque covering. § 61-4-580(4).
l. Permitting open containers of beer or wine between midnight Saturday night and sunrise Monday morning at a place licensed to sell beer and wine. § § 61-4-140 and 61-4-580(5).
m. Purchase of beer or wine from a person other than a licensed wholesaler. § § 61-4-735(D)(1) and 61-4-200,
n. Purchase of beer or wine from a wholesaler on credit. § 61-4-40.
o. Purchase of beer or wine from a wholesaler with a check that fails to clear the bank. § 61-1-40.
p. Refusal to permit inspection upon demand of an officer or agent. § 61-4-230 and SLED Regulation 7-82.
q. Sale of beer or wine on which the tax has not been paid. § 61-4-20.
r. Sale or delivery of beer or wine (or permitting removal) between the hours of midnight Saturday night and sunrise Sunday morning. SLED Regulation 7-86 and § 61-4-120.
s. Sale of beer or wine to an intoxicated person. § 61-4-580(2).
t. Sale of beer or wine to another retailer for resale. § 61-4-200.
u. Sale of beer or wine to a person who remains in a motor vehicle during the transaction (selling through a drive through window or at a drive in). SLED Regulation 7-98.
v. Sale of wine containing more than sixteen percent alcohol by weight. § 61-4-770.
w. Sale or possession of alcoholic liquor. § 61-4-580(6).
x. Sale or transfer of beer or wine to a person under twenty-one years of age. § § 61-4-50, 61-4-80, 61-4-90, and 61-4-580(1).
XX. Penalties. The Department may revoke the permit of any person failing to comply with requirements (§ 61-4-270). However, in lieu of revocation, the Department may suspend the permit or assess a monetary penalty. The penalty for a violation is dependant upon the severity of the offense. In addition, the Department may consider the number and severity of previous violations. However, for serious offenses, the Department may revoke the beer and wine permit on the first violation. Some offenses are also criminal offenses, and violators may be arrested.
XXI. Training. Employee and manager training emphasizing methods for selling beer and wine legally is available from the South Carolina State Law Enforcement Division. Contact 803-896-7181 to request a training seminar.
XXII. This handout is for general guidance only. It does not include every law or regulation dealing with beer and wine, or every crime that can be committed on licensed premises. You may contact the South Carolina Department of Revenue at 803-898-5864 in order to request a complete copy of the laws and regulations on beer and wine. There is a charge for a complete copy of the law. Please be aware that the law regulating beer and wine can be amended at any time.
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Unlicensed Social Functions
XXIII. General. The purpose of this pamphlet is to give the reader an overview of South Carolina laws regulating the possession and consumption of beer, wine, and liquor at unlicensed social functions. For purposes of this pamphlet, an unlicensed social function is an event of a noncommercial nature where admission is not charged, and beer, wine, or liquor is being consumed, but not sold, and the person having the function does not have a beer and wine permit or liquor license. A wedding reception where beer, wine, or liquor is being consumed is an example of an unlicensed social function. If you intend to charge admission to your function and include beer, wine or liquor in the price of admission, you must obtain a beer and wine permit or liquor license. You will also need to obtain an admissions tax license, and pay a tax of five percent of the price of the admission ticket. If you intend to charge for items or services and include beer, wine, or liquor in the charge for the items or services, you must obtain a beer and wine permit or liquor license. If you intend to charge for anything, be sure that you have first obtained a sales tax license from the South Carolina Department of Revenue. If you wish to sell beer, wine, or liquor you need to first obtain the appropriate beer and wine permit or liquor license.
XXIV. Functions at locations that do not have a beer and wine permit or liquor license
a. To legally possess or consume beer or wine
A. There are no restrictions as to the days or hours of the function;
B. Persons possessing or consuming beer or wine must be at least twenty-one years of age (§ 20-7-8920);
C. Persons may bring their own beer or wine, or the person giving the function may furnish beer or wine at no charge;
D. Arriving and departing persons should be aware that it is unlawful for any person to have in his or her possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving vehicle (§ 61-4-110);
E. The function may be open to the general public; and,
F. The beer or wine at the function must have been purchased from a licensed South Carolina retailer (§ 61-4-350).
b. To legally possess or consume liquor
A. There are no restrictions as to the days or hours of the function;
B. Persons possessing or consuming liquor must be at least twenty-one years of age (§ 20-7-8925);
C. Persons may bring their own liquor, or the person giving the function may furnish liquor at no charge. The liquor can be in a container of any size;
D. The function must be held at one of the following locations (§ 61-6-4710):
1. In a private residence, hotel room, or motel room;
2. On property not engaged in business or commercial activity, at private gatherings, receptions, or occasions of a single and isolated nature and not on a repetitive or continuous basis, with the express permission of the owner and any other person in possession of the property, and to which the general public is not invited; or,
3. In separate and private areas of an establishment where specific individuals have leased these areas for a function not open to the general public.
E. The liquor must have been lawfully acquired (§ 61-6-4010), and must have been purchased from a licensed South Carolina retailer (§ 61-6-2930); and,
F. Arriving and departing persons should be aware that it is unlawful for any person to transport liquor in a motor vehicle if the cap or seal on the container has been opened or broken except in the luggage compartment or cargo area (§ 61-6-4020).
G. Warning. The possession or consumption of liquor at functions that do not comply with the requirements listed above is illegal. Persons found in possession of liquor under those circumstances could be charged with a crime. Upon conviction, a person can be fined up to $100 or imprisoned for not more than thirty days (§ 61-6-4710).
XXV. Functions at locations that have only a biennial beer and wine permit
a. To legally possess or consume beer or wine
A. Unless the requirements listed below are met, it is unlawful to consume or to possess beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at a place licensed to sell beer and wine (§ 61-4-140). It is also unlawful to deliver beer or wine to a person from a place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning (§ 61-4-130). If there is an unlawful delivery, all beer and wine on the premises becomes contraband and must be seized by law enforcement officers.
B. In order legally to possess or to consume beer or wine between the hours of midnight Saturday night and 2:00 AM Sunday morning at a location that has a biennial beer and wine permit the following requirements must be met:
1. The function may not be open to the general public;
2. There must be a written lease between the owner of the premises and the host of the function. The lease must specify the terms, lessor and lessee, dates, times, and consideration. The lease must terminate by 2:00 AM Sunday morning (SLED Regulation 7-14(C));
3. The lease must be on the premises at the time the function is being held, and must be available for inspection by law enforcement officers;
4. The lease must be bona fide, and cannot be a sham so that the biennial permit holder can remain open during restricted hours;
5. The biennial beer and wine permit holder and his or her agents may sell and deliver beer and wine during the hours that it may legally be sold. They cannot sell or deliver beer or wine between the hours of midnight Saturday night and sunrise Monday morning (§ 61-4-130);
C. The function must end by 2:00 AM Sunday morning. Even at a private function in a separate area that has been leased, it is illegal to consume beer or wine or to possess open containers of beer or wine between the hours of 2:00 AM Sunday morning and sunrise Monday morning on premises licensed to sell beer and wine (§ 61-4-140 and SLED Regulation 7-14-(C));
D. Persons possessing or consuming beer or wine must be at least twenty-one years of age (§ 20-7-8920);
E. Persons may bring their own beer or wine, or the person giving the function may furnish beer or wine at no charge;
F. Arriving and departing persons should be aware that it is unlawful for any person to have in his or her possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving vehicle (§ 61-4-110); and,
G. The beer or wine at the function must have been purchased from a licensed South Carolina retailer (§ 61-4-350).
1. Warning. If all the above requirements are not followed, it is a crime to possess or consume beer or wine during restricted hours on premises licensed to sell beer and wine. Violators can be arrested, and the biennial beer and wine permit holder can be cited for a violation. It is also possible that all beer and wine on the premises may be confiscated.
b. To legally possess or consume liquor
A. Possession or consumption of liquor must cease at 2:00 AM Sunday morning;
B. It is unlawful for a person to store or have in possession liquor in his place of business other than a location licensed to sell liquor unless the requirements listed below are followed (§ § 61-6-4060 and 61-4-580(6)):
1. A person can possess liquor on beer and wine premises only in separate and private areas of the establishment (§ 61-6-1620(B));
2. A specific individual must have leased the separate and private area for a function that is not open to the general public (§ 61-6-1620(B));
3. There must be a written lease between the owner of the premises and the host of the function. The lease must specify the terms, lessor and lessee, dates, times, and consideration. The lease must terminate by 2:00 AM Sunday morning (SLED Regulation 7-14(C));
4. The lease must be on the premises at the time the function is being held, and must be available for inspection by law enforcement officers; and,
5. The lease must be bona fide, and cannot be a sham in an attempt for the biennial permit holder to allow his or her patrons to posses or consume liquor.
C. The liquor must have been lawfully acquired (§ 61-6-4010), and must have been purchased from a licensed South Carolina retailer (§ 61-6-2930);
D. Arriving and departing persons should be aware that it is unlawful for any person to transport liquor in a motor vehicle if the cap or seal on the container has been opened or broken except in the luggage compartment or cargo area (§ 61-6-4020) and,
E. The function must end by 2:00 AM (SLED Regulation 7-14-(C)).
F. Warning. The possession or consumption of liquor at functions that do not comply with the requirements listed above is illegal. Persons found in possession of liquor under those circumstances could be charged with a crime. Upon conviction, a person can be fined up to $100 or imprisoned for not more than thirty days (§ 61-6-4710).
XXVI. Functions at locations that have a biennial hotel, motel, or restaurant minibottle license and a beer and wine permit
a. To legally possess or consume beer or wine
A. It is unlawful to consume or to possess beer or wine in an open container between the hours of twelve o'clock Saturday night and sunrise Monday morning at a place licensed to sell beer and wine, unless the requirements listed below are followed (§ 61-4-140). It is also unlawful to deliver beer or wine to a person from a place of business between the hours of twelve o'clock Saturday night and sunrise Monday morning (§ 61-4-130). If there is a delivery, all beer and wine on the premises becomes contraband and must be seized by law enforcement officers;
B. A person may possess and consume beer or wine between the hours of midnight Saturday night and 2:00 AM Sunday morning at a location that has a biennial beer and wine permit if the following requirements are met:
1. The function may not be open to the general public;
2. There must be a written lease between the owner of the premises and the person giving the function. The lease must specify the terms, lessor and lessee, dates, times, and consideration. The lease must terminate by 2:00 AM Sunday morning (SLED Regulation 7-14(C));
3. The lease must be on the premises at the time the function is being held, and must be available for inspection by law enforcement officers;
4. The lease must be bona fide, and cannot be a sham so that the biennial permit holder can remain open during restricted hours;
5. The biennial beer and wine permit holder and his or her agents may sell and deliver beer and wine during the hours that they can lawfully sell beer and wine. They cannot sell or deliver beer or wine between the hours of midnight Saturday night and Sunrise Monday morning (§ 61-4-130);
6. The function must end by 2:00 AM Sunday morning. It is illegal to consume beer or wine or to possess open containers of beer or wine between the hours of 2:00 AM Sunday morning and sunrise Monday morning on premises licensed to sell beer and wine (§ 61-4-140 and SLED Regulation 7-14(C)).
C. Persons possessing or consuming beer or wine must be at least twenty-one years of age (§ 20-7-8920);
D. Persons may bring their own beer or wine, or the person giving the function may furnish beer or wine at no charge;
E. The beer or wine at the function must have been purchased from a licensed South Carolina retailer (§ 61-4-350); and,
F. Arriving and departing persons should be aware that it is unlawful for any person to have in his or her possession, except in the trunk or luggage compartment, beer or wine in an open container in a moving vehicle (§ 61-4-110).
G. Warning. If all the preceding requirements are not followed, it is a crime to possess or consume beer or wine during restricted hours on premises licensed to sell beer and wine. Violators can be arrested, and the biennial beer and wine permit holder can be cited for a violation. It is also possible that all beer and wine on the premises may be seized by law enforcement officers.
b. To legally possess or consume liquor
A. Liquor in containers larger than two ounces cannot be on the premises between the hours of 2:00 AM and 10:00 AM (SLED Regulation 7-14);
B. A person can possess liquor in containers larger than two ounces on minibottle premises only in separate and private areas of the establishment only if the following requirements are met(§ 61-6-1620(B)):
1. A specific individual must have leased the separate and private area for a function that is not open to the general public (§ 61-6-1620(B));
2. There must be a written lease between the owner of the premises and the host of the function. The lease must specify the terms, lessor and lessee, dates, times, and consideration, and must terminate by 2:00 AM (SLED Regulation 7-14(A));
3. The lease must be on the premises at the time the function is being held, and must be available for inspection by law enforcement officers (SLED Regulation 7-14(A));
4. The lease must be bona fide, and cannot be a sham in an attempt for the biennial license holder to have liquor in containers larger than two ounces on the premises;
5. The liquor must have been lawfully acquired (§ 61-6-4010), and must have been purchased from a licensed South Carolina retailer (§ 61-6-2930).
6. The person giving the function or sponsor or designated agent must purchase and deliver to the leased area all alcoholic beverages and must remain constantly in actual possession of the liquor until the function ends (SLED Regulation 7-14(B));
7. At the end of the function, the liquor must be removed from the licensed premises and taken to an area where it can be stored legally (SLED Regulation 7-14(B));
C. Arriving and departing persons should be aware that it is unlawful for any person to transport liquor in a motor vehicle if the cap or seal on the container has been opened or broken except in the luggage compartment or cargo area (§ 61-6-4020);
D. Liquor may not be possessed or consumed between the hours of 2:00 AM and 10:00 AM (SLED Regulation 7-14(A)); and,
E. The minibottle license holder can sell and deliver liquor in minibottles during those hours that his or her license authorizes sales.
Warning - The possession or consumption of liquor at functions that do not comply with the requirements listed above is illegal. Persons found in possession of liquor under those circumstances could be charged with a crime. Upon conviction, a person can be fined up to $100 or imprisoned for not more than thirty days (§ 61-6-4710).
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Biennial minibottle licenses for food service establishments or places of lodging.
XXVII. Requirement. Article VIII-A of The South Carolina Constitution governs the sale of liquor in South Carolina. Liquor may be sold to be consumed on the premises only in sealed containers of two ounces or less. Licenses to sell liquor for consumption on the premises can only be issued to businesses engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging or to nonprofit organizations with limited membership not open to the general public. The purpose of this pamphlet is to give a brief outline of the law and regulations governing the sale of minibottles at food service establishments and places of lodging.
XXVIII. Application. Applications may be obtained by contacting the Alcoholic Beverage Licensing Section at (803) 898-5864, or by calling fax on demand at 1-800-768-3676 or (803) 898-5320. Application forms are also available on the Department's website at http://www.sctax.org. It is a crime to furnish false information on the application.
a. Fees. The initial application requires a nonrefundable filing fee of $200. Licenses cost $1,700 every two years.
b. Owner must apply. The applicant for the minibottle license must be the true owner of the business, and must also have a retail sales tax license for the business (§ 61-2-100).
c. Good moral character. The applicant, all employees, and all principals must be of good moral character (§ 61-2-100). When a license or permit has been suspended or revoked, no partner or person with a financial interest in the business may be issued a license or permit for the premises concerned (§ 61-2-140). No person within the second degree of kinship to a person whose license or permit has been suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation (§ 61-2-140).
d. Felony conviction. The applicant cannot have been convicted of a felony within the past ten years (§ 61-6-1820).
e. Age and residence. The applicant must be at least 21 years of age, must be a legal resident of the United States, and must have maintained his or her principle place of abode in South Carolina for at least thirty days prior to filing the application (§ 61-6-1820).
f. Location. The location of the proposed place of business must be suitable for the sale of minibottles.
g. Restaurant. If seeking a minibottle license as a restaurant, the business must be primarily and substantially engaged in the preparation and serving of food, and must also meet the following requirements (61-6-1820(1):
A. The business must have a Class A restaurant license from the Department of Health and Environmental Control (61-6-20).
B. The business must have seating for not less than forty persons simultaneously at tables for the service of meals (61-6-20).
C. The business must have a kitchen that is utilized for the cooking, preparation, and serving of meals (SLED Reg. 7-19).
1. "Kitchen" means a separate and distinct area that is used solely for the preparation, serving and disposal of solid foods that make up meals (SLED Reg. 7-19).
2. "Meal" means an assortment of various prepared foods which shall be available to guests on the licensed premises during normal mealtimes which occur when the licensed business establishment is open to the public. Sandwiches, boiled eggs, sausages and other snacks prepared off the licensed premises but sold thereon, shall not constitute a meal (SLED Reg. 7-19).
3. "Primarily" means that the serving of meals by a business establishment constitutes a regular and substantial source of business to the licensed establishment and that meals shall be served upon the demand of guests and patrons during the normal mealtimes which occur when the licensed premises is open to the public, and an adequate supply of food is present on the licensed premises to meet such demand (SLED Reg. 7-19).
D. The business must have a menu or a posted listing of available meals (SLED Reg. 7-19).
E. Hot meals must be prepared at least once each day the business is open for business (SLED Reg. 7-19).
F. If the business advertises, a substantial portion of the advertising must be devoted to food services (SLED Reg. 7-19).
h. Lodging. If seeking a minibottle license as a business that furnishes lodging, the business must rent accommodations for lodging to the public on a regular basis consisting of not less than twenty rooms (SLED Reg. 7-19).
i. Minimum distance from schools, churches, or playgrounds. Business establishments or locations established after November 7, 1962 must meet the following requirements:
A. If the church, school, or playground is located in a municipality, the establishment must be at least 300 feet away.
B. If the church, school, or playground is located outside of a municipality, the establishment must be at least 500 feet away.
C. The distance is measured using the shortest route of normal vehicular or pedestrian traffic.
D. The distance restrictions do not apply to renewals or to new locations licensed at the time the application is filed with the Department.
j. Newspaper advertisement. The applicant must advertise his or her intention to apply for the minibottle license in a newspaper most likely to give notice to interested citizens (§ 61-6-1820). The advertisement must be published once a week for three consecutive weeks. Contact the Alcoholic Beverage Licensing Section at the number shown above if you are unsure which newspaper will give this required notice. Your application packet will list approved newspapers. It is the applicant's responsibility to advertise in the correct newspaper.
k. Notice to the public. A sign must be displayed at the proposed place of business for at least fifteen days. An agent of the South Carolina State Law Enforcement Division must place and remove this sign (§ 61-6-1820). If the sign is removed by any person other than the agent, the location will have to be re-posted.
l. SLED investigation. All minibottle license applications are investigated by the South Carolina Law Enforcement Division. This investigation usually requires thirty to forty-five days, and will be delayed if the application is incomplete, incorrect information has been furnished on the application, or if the applicant does not promptly return the investigating agent's telephone calls.
m. Protests. Any person residing in the county where a minibottle license is being sought, or a person residing within five miles of the location, may protest the issuance of the permit (§ 61-6-1825). Such a protest will significantly delay a minibottle application, as a contested case hearing must be held before the Administrative Law Judge Division. Due to notice and scheduling requirements, it usually takes two to four months for a hearing to held from the time the file is transmitted to the Administrative Law Judge Division by the South Carolina Department of Revenue. Files cannot be transmitted until the application is complete, the investigation is complete, all notice periods have run, and the applicant has requested a hearing. Therefore, it is extremely important that the applicant follow the instructions in the application packet, fully answer all questions, and furnish all required information with the application. Once the Department has transmitted an application to the Administrative Law Judge Division, the Division will schedule the matter for a hearing. Once a file has been transmitted to the Division, all requests for information and all motions must be filed with the Administrative Law Judge Division, P.O. Box 11667, Columbia, SC 29211-1667. The telephone number of the Administrative Law Judge Division is (803) 734-0550.
n. Temporary licenses not to exceed 120 days. A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells minibottles from a holder of a retail license to sell minibottles at the business, upon initiating the application process may be issued a temporary minibottle license (§ 61-6-2005). This license is valid until the biennial license is approved or denied, but in no case can the temporary license be valid for more than 120 days from the date of issuance. The fee for this license is $25.00. The location for which the temporary license is sought must not be considered by the Department to be a public nuisance. All principals must be of good moral character, and cannot owe the State or Federal governments any back taxes, penalties, or interest. The principals must either have a current minibottle license, or must have had a criminal history background check conducted by the South Carolina State Law Enforcement Division within the past thirty days. The fee for the criminal history background check is $25.00, payable by money order or business check made payable to SLED. Personal checks are not accepted. Criminal histories may be obtained in person at SLED Headquarters, 4400 Broad River Rd., Columbia, S.C., between 8:30 AM and 5:00 PM, or by mail from SLED, ATTN: Criminal Records Department, PO box 21398, Columbia, SC 29221-1398. Each principal must include the $25.00 SLED fee, a self-addressed envelope, his or here full name, social security number and date of birth.
o. Local zoning. Before filing your application for a minibottle license, you are strongly encouraged to check with your local zoning authorities to insure that your business will comply with local zoning requirements.
XXIX. Expiration dates of licenses. Minibottle licenses expire according to the county where the licensed premises is located (§ 61-2-120). The expiration dates are the last day of:
a. February in years which end in an:
A. Odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkelely Counties;
B. Even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;
b. May in years which end in an:
A. Odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;
B. Even numbers for Lancaster, Marion, Marlboro, Union, and York Counties;
c. August in years that end in:
A. Odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;
B. Even number for Richland County;
d. November in years which end in an:
A. Odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;
B. Even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.
XXX. License renewal. File your renewal application at least thirty days before your license expires. A timely renewal by mail will prevent you from having to wait in a lengthy line. If you allow your license to expire, you cannot sell minibottles, and you will have to pay a filing fee to obtain your license. You may be required to re-advertise, and a new SLED investigation may be required. If you owe delinquent taxes, interest, or penalties, your license will not be renewed (§ 61-2-160).
XXXI. Sales tax license required. In addition to your minibottle, before you sell any item, you must first obtain a retail business license (sales tax license) from the South Carolina Department of Revenue (§ 12-36-510). There is a one-time fee of fifty dollars for this license.
XXXII. Federal special occupational tax. Prior to selling minibottles, you must also pay a Federal Special Occupational Tax. This tax is due before commencing the business to sell minibottles, and thereafter, on or before July 1 each year at the rate of $250. For detailed information and taxpayer assistance contact the Bureau of Alcohol, Tobacco, and Firearms, National Revenue Center, Cincinnati, Ohio, toll-free at 1-800-937-8864, or 513-684-2979. For tax returns, AFT F 5630.5, and instructions, you may visit www.atf.treas.gov or write to: Bureau of Alcohol, Tobacco & Firearms, Room 8002 Federal Office Building, 550 Main Street, Cincinnati, Ohio 45202.
XXXIII. Sale of wine at locations with a minibottle license. If you also have a beer and wine permit, you may also sell wine not in excess of twenty-one percent by volume (§ 61-4-570). Wine containing alcohol between 16% and 21% (by volume) may be sold only to be consumed on the premises. Wine containing less than 16% may be sold to be consumed on the premises, and may be sold to go.
XXXIV. Hours. Except on Sunday, you may sell minibottles from 10:00 AM until 2:00 AM (61-6-1610). Therefore, sales of minibottles must cease at midnight Saturday night, and cannot resume until 10:00 AM Monday morning, unless you have purchased a local option permit as described below
XXXV.Local Option Permits. Local option permits are available only to those businesses that have a minibottle license. The permit allows a business to sell minibottles from midnight Saturday night to 2:00 AM Sunday morning, and from 10:00 AM Sunday morning until midnight Sunday night (at which time the biennial minibottle license would authorize sales until 2:00 AM Monday morning. These permits are available only in those counties and municipalities where a majority of the qualified electors have approved them in a referendum vote. Local option permits cost one hundred fifty dollars per day. If a business wants to purchase this permit on an annual basis, the cost is a nonrefundable fee of $3,000. Currently, these permits are available for businesses located in the following counties: Charleston, Georgetown, Horry, Lexington, and Richland. They are also available for businesses located in the municipalities of Beaufort, Bluffton, Edisto Island, Greenville, Hilton Head Island, Port Royal, Tega Cay, Santee, and Yemassee.
XXXVI. Licensed premises. Licensed premises includes those areas normally used by the licensee to conduct his or her business and includes, but is not limited to the following: Selling areas, storage areas, food preparation areas, and parking areas. However, if you hold your minibottle license as a food service establishment, your licensed premises does not include any portion of your premises designed or used as a parking area or deck to a swimming pool (§ 61-6-1610(B)).
XXXVII. Change of ownership. If you sell your business, you must surrender minibottle license to the Department immediately. Minibottle licenses cannot be transferred to the new owner. If you allow the new owner to use your minibottle license, you will be held financially responsible for any violation committed by the new owner (§ 61-2-140). If the permit is issued to a corporation, sale of twenty-five percent or more of the corporate stock is a change of ownership.
XXXVIII. Change in the character of the property, facilities, or nature of the business activity. If there is a change in the character of the property, facilities, or nature of your business activity, you must immediately surrender your minibottle license to the Department (§ 61-2-140).
XXXIX. Termination of the business. If you cease operating your business, you must immediately surrender your minibottle license to the Department (§ 61-2-140).
XL. Discount pricing for on-premises consumption. Minibottles may be sold at a price less than the price regularly charged from four o'clock p.m. until eight o'clock p.m. only. One cannot charge less than one-half of the price regularly charged, or on a two or more for one basis. Beverages can be dispensed for free to customers only on an individual basis, to a fraternal organization in the course of its fund-raising activities, to a person attending a private function on premises for which a biennial permit has been issued, or to a customer attending a function sponsored by the person who holds a biennial permit. However, no more than two functions may be sponsored each year, and must be authorized by the South Carolina Department of Revenue (§ 61-6-4550).
XLI. Minimum age of employees.
a. Servers. Employees who serve minibottles or drinks containing liquor wine must be at least eighteen years of age (§ 61-6-2200).
b. Bartenders. Bartenders must be at least twenty-one years of age (§ 61-6-2200).
XLII. Breaking seals on minibottles. The purchaser must break the seal on the minibottle unless the seller breaks the seal in the presence of the customer and delivers the container (§ 61-6-2210).
XLIII. Prohibited acts.
a. Advertising, selling, or dispensing minibottles for free, at a price less than one-half the price regularly charged, or on a two or more for one basis. § 61-6-4550.
b. Avoiding taxes. § 61-6-2610.
c. Bartender under the age twenty-one. § 61-6-2200.
d. Conducting, operating, organizing, promoting, advertising, running, or participating in a drinking contest or drinking game. § 61-6-2230.
e. Failure to be primarily and substantially engaged in the preparation and service of meals. § 61-6-1830(1).
f. Failure to break the minibottle seal in the presence of the customer. § 61-6-2210.
g. Failure to destroy empty minibottles at least once each business day. SLED Regulation 7-13.
h. Failing to display minibottle license. SLED Regulation 7-5.
i. Failure to maintain adequate lighting of the bar area. SLED Regulation 7-12.
j. Failure to maintain Class A license issued by the S.C. Department of Health and Environmental Control (food service establishments only). 61-6-1830(1).
k. Failure to maintain records of minibottle purchases for 2 years. SLED Regulation 7-7.
l. Displaying minibottles with broken seal. § 61-6-2600.
m. Interference with an officer. § 61-2-240.
n. Permitting a person under twenty-one years of age to possess or consume liquor. SLED Regulation 7-9(A).
o. Permitting lewd, immoral, or improper entertainment, conduct or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full-opaque opening. § 61-6-1830.
p. Purchase of minibottles from a person other than a licensed retail dealer. § 61-6-1630.
q. Purchase of minibottles from a retail dealer with a check that fails to clear the bank. SLED Regulation 7-16.
r. Refilling minibottles. § 61-6-2600.
s. Refusal to permit inspection upon demand of an officer or agent. SLED Regulation 7-8.
t. Sale of minibottles on which the tax has not been paid. § 61-6-2600.
u. Sale or delivery of minibottles during restricted hours. § 61-6-1610.
v. Sale of minibottles to an intoxicated person. § 61-6-2220..
w. Possession of alcoholic liquor in containers larger than two ounces. § 61-6-2600.
x. Server under the age of eighteen. 61-6-2200.
XLIV. Penalties. The Department may revoke the license of any person failing to comply with requirements (§ 61-6-1830). However, in lieu of revocation, the Department may suspend the license or assess a monetary penalty. The penalty for a violation is dependant upon the severity of the offense. In addition, the Department may consider the number and severity of previous violations. However, for serious offenses, the Department may revoke the minibottle license for the first violation. Some offenses are also criminal offenses, and violators may be arrested.
XLV. Training. Employee and manager training emphasizing methods for selling minibottles legally is available from the South Carolina State Law Enforcement Division. Contact 803-896-7075 to request a training seminar.
XLVI. This handout is for general guidance only. It does not include every law or regulation dealing with minibottles, or every crime that can be committed on licensed premises. You may contact the South Carolina Department of Revenue at 803-898-5864 in order to request a complete copy of the laws and regulations on minibottles. There is a charge for a complete copy of the law. Please be aware that the law regulating minibottles can be amended at any time.
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Biennial minibottle licenses for nonprofit, private clubs.
XLVII.Requirement. Article VIII-A of The South Carolina Constitution governs the sale of liquor in South Carolina. Liquor may be sold to be consumed on the premises only in sealed containers of two ounces or less. Licenses to sell liquor for consumption on the premises can only be issued to businesses engaged primarily and substantially in the preparation and serving of meals or furnishing of lodging or to nonprofit organizations with limited membership not open to the general public. The purpose of this pamphlet is to give a brief outline of the law and regulations governing the sale of minibottles at nonprofit, private clubs.
XLVIII. Application. Applications may be obtained by contacting the Alcoholic Beverage Licensing Section at (803) 898-5864, or by calling fax on demand at 1-800-768-3676 or (803) 898-5320. Application forms are also available on the Department's website at http://www.sctax.org. It is a crime to furnish false information on the application.
a. Fees. The initial application requires a nonrefundable filing fee of $200. Licenses cost $1,700 every two years.
b. Nonprofit organization must apply. An applicant for a minibottle license as a private club must be a nonprofit organization chartered with the South Carolina Secretary of State (Reg. 7-17A), and must also have a retail sales tax license in that same name.
c. Good moral character. All employees and all principals must be of good moral character (§ 61-2-100). The organization applying for the license must have a reputation for peace and good order in its community (§ 61-6-1820 (2)). When a license or permit has been suspended or revoked, no partner or person with a financial interest in the business may be issued a license or permit for the premises concerned (§ 61-2-140). No person within the second degree of kinship to a person whose license or permit has been suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation (§ 61-2-140).
d. Felony conviction. Principals cannot have been convicted of a felony within the past ten years (§ 61-6-1820).
e. Age and residence. Principals must be at least 21 years of age. The organization must must have maintained an existence in South Carolina for at least thirty days prior to filing the application (§ 61-6-1820).
f. Location. The location of the proposed place of business must be suitable for the sale of minibottles.
g. Organization. The organization must not be open to the general public, must have limited membership, and must have been established for social, benevolent, patriotic, recreational, or fraternal purposes. The organization's by-laws must state the purpose for which the club was established, must call for a definite method of electing persons to the organization on an individual basis , and that method must bear some reasonable relation to the object and purpose of the organization. The by-laws must also require that upon dissolution of the organization its assets will not inure to the direct benefit of any person, but must be turned over to another nonprofit organization. The affairs and management of the organization must be conducted by a board of directors or other governing body chosen by the members at a regular meeting held at least annually.
h. Minimum distance from schools, churches, or playgrounds. Locations established after November 7, 1962 must meet the following requirements:
A. If the church, school, or playground is located in a municipality, the establishment must be at least 300 feet away.
B. If the church, school, or playground is located outside of a municipality, the establishment must be at least 500 feet away.
C. The distance is measured using the shortest route of normal vehicular or pedestrian traffic.
D. The distance restrictions do not apply to renewals or to new locations licensed at the time the application is filed with the Department.
i. Newspaper advertisement. The applicant must advertise its intention to apply for the minibottle license in a newspaper most likely to give notice to interested citizens (§ 61-6-1820). The advertisement must be published once a week for three consecutive weeks. Contact the Alcoholic Beverage Licensing Section at the number shown above if you are unsure which newspaper will give this required notice. Your application packet will list approved newspapers. It is the applicant's responsibility to advertise in the correct newspaper.
j. Notice to the public. A sign must be displayed at the proposed place of business for at least fifteen days. An agent of the South Carolina State Law Enforcement Division must place and remove this sign (§ 61-6-1820). If the sign is removed by any person other than the agent, the location will have to be re-posted.
k. SLED investigation. All minibottle license applications are investigated by the South Carolina Law Enforcement Division. This investigation usually requires thirty to forty-five days, and will be delayed if the application is incomplete, incorrect information has been furnished on the application, or if the applicant does not promptly return the investigating agent's telephone calls.
l. Protests. Any person residing in the county where a minibottle license is being sought, or a person residing within five miles of the location, may protest the issuance of the permit (§ 61-6-1825). Such a protest will significantly delay a minibottle application, as a contested case hearing must be held before the Administrative Law Judge Division. Due to notice and scheduling requirements, it usually takes two to four months for a hearing to held from the time the file is transmitted to the Administrative Law Judge Division by the South Carolina Department of Revenue. Files cannot be transmitted until the application is complete, the investigation is complete, all notice periods have run, and the applicant has requested a hearing. Therefore, it is extremely important that the applicant follow the instructions in the application packet, fully answer all questions, and furnish all required information with the application. Once the Department has transmitted an application to the Administrative Law Judge Division, the Division will schedule the matter for a hearing. Once a file has been transmitted to the Division, all requests for information and all motions must be filed with the Administrative Law Judge Division, P.O. Box 11667, Columbia, SC 29211-1667. The telephone number of the Administrative Law Judge Division is (803) 734-0550.
m. Temporary licenses not to exceed 120 days. A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells minibottles from a holder of a retail license to sell minibottles at the business, upon initiating the application process may be issued a temporary minibottle license (§ 61-6-2005). This license is valid until the biennial license is approved or denied, but in no case can the temporary license be valid for more than 120 days from the date of issuance. The fee for this license is $25.00. The location for which the temporary license is sought must not be considered by the Department to be a public nuisance. All principals must be of good moral character, and cannot owe the State or Federal governments any back taxes, penalties, or interest. The principals must either have a current minibottle license, or must have had a criminal history background check conducted by the South Carolina State Law Enforcement Division within the past thirty days. The fee for the criminal history background check is $25.00, payable by money order or business check made payable to SLED. Personal checks are not accepted. Criminal histories may be obtained in person at SLED Headquarters, 4400 Broad River Rd., Columbia, S.C., between 8:30 AM and 5:00 PM, or by mail from SLED, ATTN: Criminal Records Department, PO box 21398, Columbia, SC 29221-1398. Each principal must include the $25.00 SLED fee, a self-addressed envelope, his or here full name, social security number and date of birth.
n. Local zoning. Before filing your application for a minibottle license, you are strongly encouraged to check with your local zoning authorities to insure that your business will comply with local zoning requirements.
XLIX. Expiration dates of licenses. Minibottle licenses expire according to the county where the licensed premises is located (§ 61-2-120). The expiration dates are the last day of:
a. February in years which end in an:
A. Odd number for Allendale, Bamberg, Barnwell, Beaufort, and Berkelely Counties;
B. Even number for Charleston, Clarendon, Colleton, Dorchester, Georgetown, Hampton, Jasper, and Williamsburg Counties;
b. May in years which end in an:
A. Odd number for Cherokee, Chester, Chesterfield, Darlington, Dillon, Fairfield, Florence, and Horry Counties;
B. Even numbers for Lancaster, Marion, Marlboro, Union, and York Counties;
c. August in years that end in:
A. Odd number for Calhoun, Kershaw, Lee, Orangeburg, and Sumter Counties;
B. Even number for Richland County;
d. November in years which end in an:
A. Odd number for Abbeville, Aiken, Anderson, Edgefield, Greenville, and Greenwood Counties;
B. Even number for Laurens, Lexington, McCormick, Newberry, Oconee, Pickens, Saluda, and Spartanburg Counties.
L. License renewal. File your renewal application at least thirty days before your license expires. A timely renewal by mail will prevent you from having to wait in a lengthy line. If you allow your license to expire, you cannot sell minibottles, and you will have to pay a filing fee to obtain your license. You may be required to re-advertise, and a new SLED investigation may be required. If you owe delinquent taxes, interest, or penalties, your license will not be renewed (§ 61-2-160).
LI. Sales tax license required. In addition to your minibottle, before you sell any item, you must first obtain a retail business license (sales tax license) from the South Carolina Department of Revenue (§ 12-36-510). There is a one-time fee of fifty dollars for this license.
LII. Federal special occupational tax. Prior to selling minibottles, you must also pay a Federal Special Occupational Tax. This tax is due before commencing the business to sell minibottles, and thereafter, on or before July 1 each year at the rate of $250. For detailed information and taxpayer assistance contact the Bureau of Alcohol, Tobacco, and Firearms, National Revenue Center, Cincinnati, Ohio, toll-free at 1-800-937-8864, or 513-684-2979. For tax returns, AFT F 5630.5, and instructions, you may visit www.atf.treas.gov or write to: Bureau of Alcohol, Tobacco & Firearms, Room 8002 Federal Office Building, 550 Main Street, Cincinnati, Ohio 45202.
LIII. Sale of wine at locations with a minibottle license. If you also have a beer and wine permit, you may also sell wine not in excess of twenty-one percent by volume (§ 61-4-570). Wine containing alcohol betwe
