§ 61-4-580 — Prohibited acts.

(A) No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit: (1) sell beer or wine to a person under twenty-one years of age; (2) sell beer or wine to an intoxicated person; (3) permit gambling or games of chance except game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with the following: (a) the game promotion is conducted or offered in connection with the sale, promotion, or advertisement of a consumer product or service, or to enhance the brand or image of a supplier of consumer products or services; (b) no purchase payment, entry fee, or proof of purchase is required as a condition of entering the game promotion or receiving a prize; (c) all materials advertising the game promotion clearly disclose that no purchase or payment is necessary to enter and provide details on the free method of participation; and (d) this subsection is not an exception or limitation to Section 12-21-2710 or other provisions of the South Carolina Code of Laws in which gambling or games of chance are unlawful and prohibited; (4) permit 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; (5) permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State; (6) sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State; (7) conduct, operate, organize, promote, advertise, run, or participate in a "drinking contest" or "drinking game". For purposes of this item, "drinking contest" or "drinking game" includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. "Drinking contest" or "drinking game" does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section; or Text of (B) effective until January 1, 2026. (B) a violation of any provision of this section is a ground for the revocation or suspension of the holder's permit. Text of (B) effective January 1, 2026. (B) In addition to civil liability as provided by law, a violation of any provision of this section is a ground for the revocation or suspension of the holder's permit. A permittee or licensee who violates any provision of this section: (1) for a first offense, shall be fined two thousand five hundred dollars by the department; (2) for a second offense within two years of the first offense, shall have its alcohol license or permit suspended for up to fourteen days as determined by the department; and (3) for a third offense within three years of the first offense, shall have its alcohol license or permit revoked.

Legislative History

HISTORY: 1996 Act No. 415, SECTION 1; 1997 Act No. 98, SECTION 3; 1999 Act No. 52, SECTION 1; 2013 Act No. 5, SECTION 2, eff March 22, 2013; 2025 Act No. 42 (H.3430), SECTION 4, eff January 1, 2026. Editor's Note 2025 Act No. 42, SECTION 11, provides as follows: "SECTION 11. This act takes effect January 1, 2026, and applies only to causes of action or claims arising or accruing after January 1, 2026, and applies to all policies issued after that date, other than Section 61-4-523 which takes effect upon approval by the Governor." Effect of Amendment The 2013 amendment added subsection (3)(d), relating to Section 12-21-2710, added subsection identifier (8) to the former last sentence, and made other nonsubstantive changes. 2025 Act No. 42, SECTION 4, in (B), inserted "In addition to civil liability as provided by law," at the beginning, added the second sentence, and added (B)(1) to (3).