Imágenes de páginas

A. D. 1893.


Term permitted without




When to take effect.

license shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not less than five hundred dollars and not more than one thousand dollars, or may be imprisoned at hard labor not exceeding two years for each and every offense, in the discretion of the Court.

SEC. 5. That nothing in this Act shall be construed to prevent emigrant agents operating in this State without license between the 1st day of July and the 31st day of December of any year. SEC. 6. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.

SEC. 7. This Act shall go into effect immediately on its approval.

Approved December 22d, A. D. 1893.


or keeping of



SECTION 1. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the manufacture, sale, barter or exchange, receipt, acceptance, alcoholic liquors delivery, storing and keeping in possession, within this State, of any spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors, or any compound or mixture thereof, by whatever name called or known, which contains alcohol and is used as a beverage, by any person, firm or corpotrans- ration; the transportation, removal, the taking from the depot or portation or re- other place by consignee or other person, or the payment of And payment freight or express or other charges by any person, firm, associaof freight there- tion or corporation upon any spirituous, malt, vinous, fermented, brewed (whether lager, rice or other beer) or other liquor or any compound or mixture thereof, by whatever name called or known, which contains alcohol and is used as a beverage, except Prohibited as is hereinafter provided, is hereby prohibited under a penalty under penalty. of thirty days' imprisonment or one hundred dollars' fine for each offense. All such liquors, except when bought from a State officer authorized to sell the same or in possession of one,


Declared contraband.

A. D. 1893.

And may be seized.

are declared to be contraband and against the morals, good health and safety of the State, and may be seized wherever found, without warrant, and turned over to the State Commissioner. SEC. 2. The Governor, the Attorney-General and the Comp- State Board of troller-General shall, ex officio, constitute a State Board of Control to carry out the provisions of this Act.


of Commis


Location of


Term of office.

SEC. 3. That the Governor shall, at the expiration of the Appointment term of the present Commissioner, and at the expiration of stoner. every two years thereafter, appoint a Commissioner, which appointment shall be submitted to the Senate at its next session for its approval; said Commissioner shall be believed by the Governor to be an abstainer from intoxicants, and shall, under such rules and regulations as may be made by the State Board of Control, purchase all intoxicating liquors for lawful sale in this State, Purchase of and furnish the same to such persons as may be designated as Dispensers thereof, to be sold as hereafter prescribed in this Act. Said Commissioner shall reside, and have his place of business, in the city of Columbia, in this State, and hold his office two years from appointment and until another be appointed in his stead. He shall be subject to removal for cause by the State Removal. Board of Control. He shall qualify and be commissioned the same as other State officers, and receive an annual salary of $3,000, Salary. payable at the same time and in the same manner as is provided for the payment of the salaries of State officers. He shall be allowed a bookkeeper, who shall be paid in the same manner a salary of $1,200, and such other assistants as in the opinion of Other assistthe Board of Control may be deemed necessary. He shall not sell to the County Dispensers any intoxicating or fermented Test of liquors. liquors except such as have been tested by the chemist of the South Carolina College and declared to be pure: Provided, That said State Board of Control shall have authority to appoint such assistants as they may find necessary to assist the chemist of the Assistants to South Carolina College in making the analyses required by this Act, and the said State Board of Control may fix such reasonable compensation, if any, as they may deem proper for the services rendered by such chemist or such assistants. The State Com- Deposit with missioner shall deposit all amounts received by him from sales to County Dispensers or others with the Treasurer of the State under such rules as may be made by the State Board of Control to insure the faithful return of the same, and the State Treasurer shall keep a separate account with said fund, from which the Separate a cCommissioner shall draw from time to time, upon warrants duly





State Treasurer.


A. D. 1893.

Warrants on


Rules of State Board.



approved by the Chairman of said Board, the amounts necessary to pay the expenses incurred in conducting the business. All rules and regulations governing the said Commissioner in the purchase of intoxicating liquors, or in the performance of any of the duties of his office, where the same are not provided for by law, shall be prescribed by the State Board of Control. He Bond of Com- shall, before entering upon the duties of his office, execute a bond to the State Treasurer, with sufficient sureties, to be approved by the Attorney-General, in the penal sum of ten thousand dollars, ($10,000) for the faithful performance of the duties Certificate on of his office. In all purchases or sales of intoxicating liquors made by said Commissioner as contemplated in this Act, the Commissioner shall cause a certificate to be attached to each and every package containing said liquors when the same is shipped to him from the place of purchase, or by him to the County Dispensers, certified by his official signature and seal, which certificate shall state that liquors contained in said package have been purchased by him for sale within the State of South Carolina, or to be shipped out of the State under the laws of Shipments, &c., said State; and without such certificate any package containing liquors which shall be shipped out of the State, or shipped from place to place within the State, or delivered to the consignee by any railroad, express company or other common carrier, or be found in the possession of any common carrier, shall be regarded Seized as con- as contraband and may be seized, without warrant, for confiscation, Penalty to car- and such common carrier shall be liable to a penalty of five hundred dollars for each offense, to be recovered against said common carrier in any Court of competent jurisdiction by summons How recovered. and complaint, proceedings to be instituted by the Solicitor of any circuit, with whom evidence may be lodged by any officer or citizen having knowledge or information of the violation; and Illegal use of any person attaching or using such certificate without the authority of the Commissioner, or any counterfeit certificate, for the purpose of securing the transportation of any intoxicating liquors out of or within this State in violation of law, shall upon conviction thereof be punished by a fine of not less than five hundred dollars and imprisonment in the Penitentiary for not less than one year for each offense.

without certificates.





Quarterly statement by Commissioner.

SEC. 4. Said Commissioner shall make a printed quarterly statement, under cath, of all liquors sold by him, enumerating the different kinds and quantity of each kind, the price paid and the terms of payment, and to whom sold; also the names of the

parties from whom the liquor was purchased, and their place of A. D. 1898. business and date of purchase, which statement shall be filed with the State Board of Control.

To be filled.


SEC. 5. The State Commissioner shall before shipping any Packages for liquors to Dispensers, except lager beer, cause the same to be put into packages of not less than one-half pint nor more than five gallons, and securely seal the same, and it shall be unlawful for the Dispenser to break any such package or open the same for any reason whatever. He shall sell by the package only, and no person shall open the same on premises: Provided, This Section Exceptions. shall not apply to malt liquors shipped in cases, or bottles thereof shipped in barrels, and such malt liquors may be sold by the County Dispenser in such quantities of not less than one pint as he may see proper: Provided, The same shall not be drunk on the premises. Dispensers shall open their places of business and Sales by Dissell only in the day time, under such rules as may be made by the State Board of Control.



of Control.

SEC. 6. It shall be the duty of the State Board of Control to County Board appoint a County Board of Control, composed of three persons believed by said Board not to be addicted to the use of intoxicating liquors, who shall hold their office for a term of two years, and until their successors are appointed. Said County Board of Removal. Control shall be subject to removal for catise by the State Board of Control. Said County Board shall make such rules as will be conducive to the best management of the sale of intoxicating liquors in their respective Counties: Provided, All such rules shall be submitted to the State Board and approved by them before adoption. Said County Board of Control shall qualify Qualification. and be commissioned as are other County officers, without fees



Approval of State Board.



SEC. 7. Applications for position of County Dispenser shall be Application by by petition, signed and sworn to by the applicant and filed with the County Board of Control at least ten days before the meeting at which the application is to be considered, which petition shall state the applicant's name, place of residence, in what business Contents of engaged, and in what business he has been engaged two years previous to filing petition; that he is a citizen of the United States and of South Carolina; that he has never been adjudged guilty of violating the law relating to intoxicating liquors, and is not a keeper of a restaurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage. This permit or renewal thereof shall issue only on


A. D. 1893.


condition that the applicant shall execute to the County Treasurer a bond in the penal sum of three thousand dollars, with good and sufficient sureties, conditioned that he will well and truly obey the laws of the State of South Carolina, now or hereafter in force, in relation to the sale of intoxicating liquors; that he will pay all fines, penalties, damages and costs that may be assessed or recorded against him for violation of such laws during the term for which said permit or renewal is granted, and will not sell intoxicating liquors under his permit at a price other than that fixed by State Board of Control. Said bond shall be For whose use. for the use of the County or any person or persons who may be damaged or injured by reason of any violation on the part of the obligor of the law relating to intoxicating liquors purchased or sold during the term for which said permit or the renewal thereof Deposit of bond. is granted. The said bond shall be deposited with the County Suit on bond. Treasurer, and suit thereon shall be brought at any time by the Solicitor or any person for whose benefit the same is given; and in case the conditions thereof, or any of them, shall be violated, the principal and sureties thereon shall also be jointly and severally liable for all civil damages, costs and judgments that may be obtained against the principal in any civil action brought by wife, child, parent, guardian, employer or other person, under Other provi- the provision of the law. All other moneys collected for breaches of such bond shall go into the County treasury. Said bond shall be approved by the County Board of Control under the rules and laws applicable to the approval of official bonds.



Number and location of dispensaries.


SEC. 8. There may be one or more County Dispensers appointed for each County, the place of business of each of whom shall be designated by the County Board, but the State Board must give consent before more than one Dispenser can be appointed in any County; and when the County Board designates Preliminary a locality for a Dispensary, ten days' public notice of which shall be given, it shall be competent for a majority of the voters of the township in which such Dispensary is to be located to preHow prevented. vent its location in such township by signing petitions addressed to the County Board requesting that no Dispensary be established in that township, whereupon some other place may be designated. None in the The County Board may in its discretion locate a Dispensary elsein Beaufort and where than in an incorporated town in the Counties of Beaufort Proceedings in and Horry and no other: Provided, however, That any County, places heretofore dry by law. town or city wherein the sale of alcoholic liquors was prohibited

country except


by law prior to July 1st, 1893, may secure the establishment of

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