§ 61-6-20 — Definitions.

As used in the ABC Act, unless the context clearly requires otherwise: (1)(a) "Alcoholic liquors" or "alcoholic beverages" means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption, but does not include: (i) wine when manufactured or made for home consumption and which is not sold by the maker of the wine or by another person; or (ii) a beverage declared by statute to be nonalcoholic or nonintoxicating. (b) "Alcoholic liquor by the drink" or "alcoholic beverage by the drink" means a drink poured from a container of alcoholic liquor, without regard to the size of the container for consumption on the premises of a business licensed pursuant to Article 5 of this chapter. (c) "Powdered or crystalline alcohol" means a powdered or crystalline product prepared or sold for either direct use or reconstitution for human consumption that contains any amount of alcohol when hydrolyzed. (2) "Bona fide engaged primarily and substantially in the preparation and serving of meals" means a business that provides facilities for seating not fewer than forty persons simultaneously at tables for the service of meals and that: (a) is equipped with a kitchen that is utilized for the cooking, preparation, and serving of meals upon customer request at normal meal times; (b) has readily available to its guests and patrons either menus with the listings of various meals offered for service or a listing of available meals and foods, posted in a conspicuous place readily discernible by the guest or patrons; and (c) prepares for service to customers, upon the demand of the customer, hot meals at least once each day the business establishment chooses to be open. (3) "Homeowners association chartered as a nonprofit by the Secretary of State" means an organization that has been recognized as a nonprofit by the Secretary of State, whose membership is limited to individuals who own property in the residential community, and whose affairs are governed by a board of directors elected by the membership. No member, officer, agent, or employee of the association may be paid a salary or other form of compensation from any of the profit of the sale of alcoholic beverages, except as may be voted on at a meeting of the governing body, nor shall the salaries or compensation be in excess of reasonable compensation for the services actually performed. Additionally, a "homeowners association chartered as a nonprofit by the Secretary of State" must abide by all alcoholic liquor regulations that apply to a nonprofit organization, as defined by Section 61-6-20(7), except that upon dissolution of the "homeowners association chartered as a nonprofit by the Secretary of State", the remaining assets, if any, may be distributed to its members. A "homeowners association chartered as a nonprofit by the Secretary of State" is eligible to be licensed under this chapter only at facilities located within the boundaries of the homeowners association. (4) "Manufacturer" means a person operating a plant or place of business in this State for distilling, rectifying, brewing, fermenting, blending, or bottling alcoholic liquors. (5) "Furnishing lodging" means those businesses which rent accommodations for lodging to the public on a regular basis consisting of not less than eighteen rooms. (6) "Minibottle" means a sealed container of fifty milliliters or less of alcoholic liquor. (7) "Nonprofit organization" means an organization not open to the general public, but with a limited membership and established for social, benevolent, patriotic, recreational, or fraternal purposes. (8) "Producer", as used in the ABC Act, means a manufacturer, distiller, rectifier, blender, or bottler of alcoholic liquors and includes an importer of alcoholic liquors engaged in importing alcoholic liquors into the United States. (9) "Producer representative" means a person who is a citizen of this State, who maintains his principal place of abode in this State, and who is registered with the department pursuant to Article 7 of this chapter as the South Carolina representative of a registered producer. (10) "Registered producer" means a producer who is registered with the department pursuant to Article 7 of this chapter. (11) "Retail dealer" means a holder of a license issued under the provisions of Article 3 of this chapter, other than a manufacturer or wholesaler. (12) "Wholesaler" means a person who purchases, acquires, or imports from outside this State or who purchases or acquires from a manufacturer in the State alcoholic liquors for resale.

Legislative History

HISTORY: 1996 Act No. 415, SECTION 1; 2005 Act No. 139, SECTIONS 9, 10; 2006 Act No. 386, SECTION 50; 2008 Act No. 287, SECTION 2.A, eff June 11, 2008; 2008 Act No. 320, SECTION 2, eff upon approval (became law without the Governor's signature on June 17, 2008); 2011 Act No. 67, SECTION 1, eff June 17, 2011; 2013 Act No. 87, SECTION 1, eff June 13, 2013; 2015 Act No. 73 (S.179), SECTION 1, eff June 5, 2015. Effect of Amendment The first 2008 amendment, in item (2), in the introductory sentence substituted "business that provides" for "business which has been issued a Grade A retail establishment food permit prior to issuance of a license under Article 5 of this chapter, and in addition provides", "fewer" for "less" and added subitems (a) to (c). The second 2008 amendment made identical changes. The 2011 amendment inserted subsection (3); and redesignated former subsections (3) to (11) as subsections (4) to (12). The 2013 amendment substituted "eighteen" for "twenty" in paragraph (5). 2015 Act No. 73, SECTION 1, in (1)(a), inserted ", including, but not limited to, a powdered or crystalline alcohol,", inserted a comma following "or known", and inserted "for human consumption"; and added (1)(c).