This Technical Bulletin addresses recent changes to the referendum a county must conduct in order to be authorized to have alcohol sales on Sundays. Act 193 of 2018, which amended § 61-6-2010(C), now presents three options. You can either have alcohol sales “on premises,” “off premises,” or both. Counties must refer to the Act for the specific language that needs to be placed in the referendum.
For “on premises” Sunday alcohol sales, the referendum should contain the following language: ‘Shall the South Carolina Department of Revenue be authorized to issue temporary permits in this (county) for a period not to exceed 24 hours to allow the possession, sale, and consumption of alcoholic liquors by the drink to bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for consumption-on-premises sales?’
For “off premises” Sunday alcohol sales, the referendum should contain the following language:
‘Shall the Department of Revenue be authorized to issue temporary permit in this (county) for a period not to exceed 24 hours to allow the sale of beer and wine at permitted off-premises locations without regard to the days or hours of sales?’
If a county wants to have both “on” and “off” premise sales, the referendum must contain the statutory language for both options.
If the referendum ballot question fails at the general election, it cannot be placed on the ballot again for another 48 months.
This Technical Bulletin does not constitute legal advice. It is intended for general information on this topic. Please consult your county attorney for specific issues affecting your county. You may also call the Department of Revenue at (803) 898-5864 and ask for Tammy Young or Krista Strzelzck.