All the provisions and requirements of the general laws of the state in regard to alcoholic liquors and beverages as contained in Sections 61-3-10 through 61-13-880 of the 1976 Code of Laws of South Carolina and amendments thereto, insofar as such provisions and amendments have application within the city, are adopted and made a part of this chapter as fully as though set out herein. It is unlawful for any person to fail or refuse to comply with the sections of the state law referred to above.
(Prior code § 7-2-1)
The words "alcoholic liquor" or "alcoholic beverages" as used in this chapter and section 1.32.020 of the city code mean any beverage or mixture thereof regulated by the South Carolina Department of Revenue pursuant to Title 61 of the South Carolina Code of Laws.
The words "bring your own beverage" or "brown bagging" as used in this chapter, is defined as the transportation of alcoholic beverages purchased outside Trailblazer Park onto the premises of Trailblazer Park."
(Prior code § 7-2-2)
(Ord. No. O-03-14, § 4, 4-17-2014)
The municipal court and judge thereof shall try and determine all cases involving any violation of South Carolina Code of Laws, 1976, Section 61-13-560, sections of article III of chapter 13 of the Alcoholic Beverages Control Act, and Sections 61-3-10 through 61-3-1040, occurring within the limits of the municipality where the penalties are in accordance with the general penalty, Section 1.12.510 of this code, and such court and judge shall have and are hereby vested with jurisdiction over such criminal cases, with the right and duty of sending such cases, occurring within the municipal limits but beyond their jurisdiction to try, to the higher courts. Any person convicted hereunder in municipal court shall be treated as a municipal prisoner.
(Prior code § 7-2-3)
It is unlawful for any person to drink or have in his or her possession any open container of an alcoholic beverage, alcoholic liquor or mixture thereof while on any public street, sidewalk, alley, thoroughfare, or any public place in the city except within the confines of the designated area of a lawfully authorized and permitted event within Trailblazer Park. Prima facie evidence of a violation of this section shall be drinking from or possession of an open container labeled by its manufacturer as an alcoholic beverage as defined above.
(Prior code 7-2-4)
(Ord. No. O-03-14, § 5, 4-17-2014)
It is unlawful for any person to drink any alcoholic liquors in any public conveyance in the city. This section shall not apply to any railroad dining or club car or to any aircraft of a commercial airline transporting passengers for hire.
(Prior code 7-2-5)
Certain offenses, when alcohol-related or when committed upon the premises of taverns, bars, dram shops or other establishments for the sale or consumption of alcoholic liquors or alcoholic beverages are declared to constitute a serious threat to the peace, prosperity, security, safety and welfare of the city:
Sale of any alcoholic beverage, including but not limited to beer, wine, porter, ale and other liquors to minors;
Shootings, cuttings, stabbings;
Sale, use or possession of illegal or contraband drugs as the same may be classified and controlled under state and federal statutes;
Assaults of any nature;
Selling alcohol to an intoxicated person;
Sale or possession of any weapon which state or federal law makes illegal; and
Violation of any other provisions of the South Carolina criminal code for which jurisdiction resides in the circuit court.
Should the management or patrons of a bar, tavern or dram shop or other establishment for the sale or consumption of alcoholic liquors or alcoholic beverages within the city limits be convicted by any court of competent jurisdiction of committing on the premises of that establishment a violation of any one of the above classes of offenses, that conviction shall constitute a warning to the establishment involved. Thereafter, should either a patron or the management of the same establishment be convicted by a court of competent jurisdiction of committing on the premises of said establishment a violation of any one of the above classes of offenses within six months of the first conviction, the business license of the said establishment shall be revoked for a period of one year from the date of revocation, and during that year no business license for a bar, tavern, dram shop, or other establishment for the sale or consumption of alcoholic liquors or alcoholic beverages shall issue for that specific location.
After the one year period of suspension of the business license has expired, should the same location be reopened by anyone for purposes of a bar, tavern or dram shop or other establishment for the sale or consumption of any alcoholic liquors or alcoholic beverages and should the management or patrons be convicted by a court of competent jurisdiction of committing on the premises two or more violations of any of the above classes of offenses within one year of the reopening of said location for business, the business license of the establishment shall be revoked for a period of two years from the date of revocation, and during the two years no business license for a bar, tavern, dram shop, or other establishment for the sale or consumption of alcoholic liquors or alcoholic beverages shall issue for that specific location and the location shall be declared by city council to be a public nuisance. Thereafter, the city shall vigorously oppose any applications for any beer, wine or alcohol permits for said location.
This section shall apply only to bars, taverns, dram shops or other establishments for the sale or consumption of alcoholic liquors or alcoholic beverages, including but not limited to, those which sell beer, wine, porter, ale and all other alcoholic and intoxicating liquors.
(Prior code § 7-2-6)
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Editorial Note: Opinion of the Attorney General, No. 2282, page 95 (1966-67) indicates that the state has occupied the field of offenses and enforcement of regulations involving alcoholic beverages with limited exception. State occupies field, S.C. Code 1976, Section 61-13-760.(Back)