H 3772 - Auuthorizes Home Delivery for Beer and Wine - South Carolina Key Vote

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Title: Auuthorizes Home Delivery for Beer and Wine

Vote Smart's Synopsis:

Vote to pass a bill authorizes home delivery for beer and wine.

Highlights:

 

  • Defines 'delivery service' as a third party that delivers items from a retail dealer to consumers for personal consumption and not for resale using employees or independent contractors to facilitate the delivery. A 'delivery service' also may facilitate delivery through technology services that connect customers with retail dealers through the use of the Internet, mobile applications, and other similar technology (Sec. 2-3).

  • Alleges the state has an interest in exercising its police power to promote the public health, safety, and welfare of the State by regulating the sale and delivery of beer and wine in the manner and to the extent allowed by law to promote and preserve public health and safety through legitimate, nonprotectionist measures (Sec. 1.B)

  • Establishes the Department of Revenue and State Law Enforcement Division can  monitor licensed operations through on-site inspections to confirm compliance with state law and that any alcoholic beverages shipped into, distributed, and sold throughout this State by determining alcohol sales (Sec. 1-10):

    • Have registered for sale in this State with the Department of Revenue, as prescribed by law;

    • Are not subject to a government-mandated or supplier-initiated recall;

    • Are not counterfeit;

    • Are labeled in conformance with applicable laws, rules, and regulations;

    • Can be inspected and tested by the Department of Revenue or the State Law Enforcement Division; and

    • Are not prohibited by this State;

  • Authorizes a retail dealer to hire a delivery service to deliver sealed packages of beer and wine for personal consumption. A retail dealer may itself deliver sealed packages of beer and wine for personal consumption upon payment of a fee equal to that charged for a delivery service permit and proof of alcohol liability insurance for at least $1,000,000 (Sec. 2-7.B).

  • Requires the delivery service to apply to the department for a biennial license which authorizes the delivery service to deliver beer and wine that has been purchased from a retailer through the three-tier distribution chain. The department shall grant the license if the applicant (Sec. 2-7.C):

    • Pays a nonrefundable four hundred dollar license fee;

    • Is at least twenty-one years of age;

    • Affirms whether the applicant or any officer or director, as may be required to be disclosed in the license application, has been involved in the sale of alcoholic liquors, beer, or wine in this or another state and whether he has had a license or permit suspended or revoked;

    • Except for applicants that are publicly traded companies or subsidiaries of the same, provides a criminal history background check conducted by the State Law Enforcement Division at time of application.

  • Requires each individual who delivers beer and wine for a retail dealer or delivery service must be at least 21 years of age, must not have a felony conviction within the last 10 years, as confirmed by a background check conducted by the delivery service before being hired, and must undergo certification and training to deliver beer and wine as provided by the department and as administered by the retail dealer or delivery service (Sec. 2-5.F).

Title: Auuthorizes Home Delivery for Beer and Wine

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