NOTICE TO RETAILERS CONCERNING THE REQUIREMENTS FOR SELLING ALCOHOLIC LIQUORS, BEER AND WINE FOR ON-PREMISE CONSUMPTION ON NEW YEAR'S EVE - DECEMBER 31, 2006
   

Locations licensed or permitted for the on-premise sale and consumption of alcoholic beverages (liquor, beer and wine) have inquired about operating on December 31, 2006 - New Year's Eve, which falls on a Sunday. 

The following oulines the law respect to the on-premise sale and consumption of alcoholic beverages (liquor, beer and wine) on Sunday, December 31, 2006 - New Year's Eve:

ALCOHOLIC LIQUORS SOLD BY THE DRINK

Food Service Establishments or Places of Lodging

If a location licensed under the provisions of Code Section 61-6-1610 (liquor by the drink license) has applied for and received from the Department a local option permit for December 31, 2006 - New Year's Eve under the provisions of Code Section 61-6-2010, then the location may sell, and persons at the location may consume, alcoholic liquors via liquor by the drink on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday.

If a location licensed under the provisions of Code Section 61-6-1610 (liquor by the drink license) has not applied for and received from the Department a local option permit for December 31, 2006 - New Year's Eve under the provisions of Code Section 61-6-2010, then the location may not sell, and persons at the location may not consume, alcoholic liquors via liquor by the drink on Sunday, December 31, 2006 - New Year's Eve. 

Note: Only locations in counties or municipalities that have approved by referendum local option permits may be issued local option permits under the provisions of Code Section 61-6-2010.

Nonprofit Organizations

Private Clubs

If a location is licensed under the provisions of Code Section 61-6-1600 (nonprofit liquor by the drink license), then the location may sell to its members and their bona fide guests, and the members and their bona fide guests may consume, alcoholic liquors via liquor by the drink on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday.

Single Social Occasion

If a nonprofit organization obtains a temporary license for a period not to exceed twenty four hours under the provisions of Code Section 61-6-2000, then the nonprofit organization may sell at a single social occasion, and persons at this single social occasion may consume, alcoholic liquor by the drink on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday.

BEER AND WINE:

If a location licensed under the provisions of Code Section 61-6-1610 (liquor by the drink license) has applied for and received from the Department a local option permit for December 31, 2006 - New Year's Eve, under the provisions of Code Section 61-6-2010, then the location may sell beer and wine (and alcoholic liquor by the drink), and persons at the location may consume beer and wine (and alcoholic liquor by the drink), on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday, provided it is licensed to sell beer and wine for on-premise consumption under Code Section 61-4-500 (beer and wine permit).

If a location licensed under the provisions of Code Section 61-6-1610 (liquor by the drink license) has not applied for and received from the Department a local option permit for December 31, 2006 - New Year's Eve under the provisions of Code Section 61-6-2010, then the location may not sell, and persons at the location may not consume, beer and wine (and may not sell and persons may not consume alcoholic liquor by the drink) on Sunday, December 31, 2006 - New Year's Eve. 

If a location is licensed under the provisions of Code Section 61-6-1600 (nonprofit liquor by the drink license), then the location may sell beer and wine (and alcoholic liquor by the drink) to its members and their bona fide guests, and the members and their bona fide guests may consume beer and wine (and alcoholic liquor by the drink) on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday, provided it is licensed to sell beer and wine for on-premise consumption under Code Section 61-4-500 (beer and wine permit).

If a nonprofit organization obtains a temporary license for a period not to exceed twenty four hours under the provisions of Code Section 61-6-2000 (nonprofit temporary liquor by the drink license), then the nonprofit organizations may sell at a single social occasion, and persons at this single social occasion may consume, beer and wine (and alcoholic liquor by the drink) on Sunday, December 31, 2006 - New Year's Eve, except between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday, provided it is licensed to sell beer and wine for on-premise consumption under Code Section 61-4-240 (temporary beer and wine permit).

If a location is not licensed under the provisions of Code Section 61-6-1610 (liquor by the drink license) but is licensed under Code Section 61-4-500 to sell beer and wine for on-premise consumption, then the location may not sell, and persons at this location may not consume, beer and wine on Sunday, December 31, 2006 - New Year's Eve, and it may not sell or permit the consumption of beer or wine before sunrise on Monday, January 1, 2006.

Note: Only locations in counties or municipalities that have approved by referendum local option permits may be issued local option permits under the provisions of Code Section   61-6-2010.

PRIVATE FUNCTIONS

A location may allow a private function where alcoholic liquors, beer and wine are consumed (but not sold) to be held on its premises on Sunday, December 31, 2006 - New Year's Eve, provided the provisions of SC Regulation 7-403 are met and only pre-invited guests attend, the function is not advertised to the general public, and the lease required by SC Regulation 7-403 constitutes an arms length transaction. The provisions of Code Section 61-6-1620(B) and SC Regulation 7-403 apply whether or not the location is licensed for the sale and consumption of alcoholic liquor by the drink, beer or wine. 

The provisions of Code Section 61-6-1620(B) and SC Regulation 7-403 only allow the possession and consumption of alcoholic liquors, beer or wine and do not allow the sale of alcoholic liquors, beer or wine.

Note #1: For purposes of the ABC laws and the above conclusions, alcoholic liquor, beer or wine is sold if there is a per drink charge, if an admissions fee is charged to enter a place or event where these beverages are provided, if a donation is accepted with respect to the event where these beverages are provided, if tickets are sold with respect to the event where these beverages are provided, if such beverages are provided as part of a meal for which consideration, direct or indirect, is accepted or required, if such beverages are provided as part of room accommodations for which consideration, direct or indirect, is accepted or required, or if any consideration is accepted or required with respect to the event where these beverages are provided.

Note #2: Code Sections 61-4-160 and 61-6-4550 permit locations licensed for the sale and on-premise consumption of alcoholic liquors liquor by the drink or beer and wine to hold no more than two functions (approved by the Department) per year at which alcoholic liquor, beer or wine are dispensed for free. These sections do not authorize such functions on Sunday, December 31, 2006, unless the location has applied for and received from the Department a local option permit for December 31, 2006 - New Year's Eve, under the provisions of Code Section 61-6-2010. (Note: Only locations in counties or municipalities that have approved by referendum local option permits may be issued local option permits under the provisions of Code Section 61-6-2010.)

Note #3:  Locations that may not sell, and therefore may not allow persons at the location to consume, alcoholic liquor, beer or wine on Sunday, December 31, 2006 - New Year's Eve, may not have or allow open containers alcoholic liquor, beer or wine on the location on Sunday, December 31, 2006 - New Year's Eve. Locations that may sell, and therefore may allow persons at the location to consume, alcoholic liquor, beer or wine on Sunday, December 31, 2006 - New Year's Eve, may not have or allow open containers of alcoholic liquor, beer or wine on the location on Sunday, December 31, 2006 - New Year's Eve, between the hours of 2:00 a.m Sunday and 10:00 a.m. Sunday.