S 849

South Carolina General Assembly
126th Session, 2025-2026
Bill 849
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Indicates Matter Stricken
Indicates New Matter
Committee Report
April 29, 2026
S. 849
Introduced by Senators Elliott, Johnson, Sutton,
Turner, Climer, Ott, Zell, Young, Bennett, Hutto, Tedder, Adams and Graham
S. Printed 4/29/26--S.  [SEC
5/6/2026 10:13 AM]
Read the first time January 28, 2026
________
The committee on Senate Judiciary
To whom was referred a Bill (S. 849) to amend
the South Carolina Code of Laws by amending Section 61-2-170, relating to
drive-through or curbside service of alcoholic beverages, so as to provide
certain, etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass with amendment:
    Amend the
bill, as and if amended, SECTION 4.A., Section 61-4-280, by adding subsections
to read:
    (Q)(1) A retail dealer's responsibilities
under this section regarding delivery of beer or wine to a recipient are
considered satisfied at the time the retail dealer transfers possession of the
beer or wine to the delivery service or a delivery driver employed by,
contracted with, or acting on behalf of the holder of a delivery service
license.
       (2) An action by a third-party delivery
driver is not attributable to the retail dealer with regard to:
  (a) providing, selling, or serving beer
or wine to a minor or to an intoxicated individual;
  (b) the delivery of beer or wine in an
otherwise prohibited area; or
  (c) any other provision of the law.
       (3) A retail dealer:
  (a) is not required to verify that the
delivery service or the third-party delivery driver meets the requirements
established in subsection (C) or subsection (F); and
  (b) may not be held responsible for any
reason under statutory or common law for the actions of a delivery service or
third-party delivery driver acting on behalf of a delivery service licensee.
    (R) Nothing in this section shall be
construed to authorize the department to subject a retail dealer to any
administrative proceedings or disciplinary action due to any actions of a
delivery service or third-party delivery driver acting on behalf of a delivery
service license holder.
Amend the bill
further, SECTION 6.A., Section 61-6-1580, by adding subsections to read:
    (Q)(1) A retail dealer's responsibilities
under this section regarding the delivery of alcoholic liquor to a recipient
are considered satisfied at the time the retail dealer transfers possession of
the alcoholic liquor to the delivery service or a delivery driver employed by,
contracted with, or acting on behalf of the holder of a delivery service
license.
       (2) An action by a delivery service or
by a third-party delivery driver is not attributable to the retail dealer with
regard to:
  (a) providing, selling, or serving
alcoholic liquor to a minor or to an intoxicated individual;
  (b) the delivery of alcoholic liquor
in an otherwise prohibited area; or
  (c) any other provision of the law.
       (3) A retail dealer:
  (a) is not required to verify that the
delivery service or the third-party delivery driver meets the requirements
established in subsection (C) or subsection (F); and
  (b) may not be held responsible for
any reason under statutory or common law for the actions of a delivery service
or third-party delivery driver acting on behalf of a delivery service licensee.
    (R) Nothing in this section shall be
construed to authorize the department to subject a retail dealer to any
administrative proceedings or disciplinary action due to any actions of a
delivery or third-party delivery driver acting on behalf of a delivery service
license holder.
Renumber sections to conform.
Amend title to conform.
LUKE RANKIN for Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION 61-2-170, RELATING TO DRIVE-THROUGH OR CURBSIDE SERVICE OF ALCOHOLIC
BEVERAGES, SO AS TO PROVIDE CERTAIN EXCEPTIONS; BY ADDING SECTION 61-4-45 SO AS
TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN LICENSES OR PERMITS ALLOWING A
RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR PICK UP; BY ADDING SECTION
61-4-280 SO AS TO PROVIDE THAT A RETAIL DEALER MAY HIRE A DELIVERY SERVICE TO
DELIVER CERTAIN BEER AND WINE AND TO PROVIDE FOR REQUIREMENTS; BY ADDING
SECTION 61-6-1570 SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE CERTAIN
LICENSES OR PERMITS ALLOWING A RETAILER TO OFFER CERTAIN CURBSIDE DELIVERY OR
PICK UP; AND BY ADDING SECTION 61-6-1580 SO AS TO PROVIDE THAT A RETAIL DEALER
MAY HIRE A DELIVERY SERVICE TO DELIVER CERTAIN ALCOHOLIC LIQUORS AND TO PROVIDE
FOR REQUIREMENTS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  The General Assembly finds and declares that:
    (A) The State has
a substantial interest in regulating beverages containing alcohol, including
alcoholic liquor, beer, ale, porter, wine, and other similar malt or fermented
beverages as defined and licensed for retail sale pursuant to Sections 61-4-10
and 61-6-20, collectively referenced as "beverages containing alcohol" in these
legislative findings, of the S.C. Code; the activities of manufacturers,
importers, wholesalers, and retailers; the safe delivery of beverages
containing alcohol to the state's consumers; and the influences that affect the
consumption levels of beverages containing alcohol by the people of the State.
    (B) The State has
a substantial interest in exercising its police powers to promote the public
health, safety, and welfare of the State by regulating the business of retail
sales and delivery of beverages containing alcohol in the manner and to the
extent allowed by law to promote and preserve public health and safety through
legitimate, nonprotectionistic measures, which include regulating and
controlling transactions in this State involving beverages containing alcohol
and the means and manner in which licensed retailers and third parties may
deliver beverages containing alcohol to the state's qualifying consumers.
    (C) Selling and
delivering beverages containing alcohol from retailers outside the State
directly to residents of this State poses a serious threat to the state's
efforts to prevent underage drinking, to state revenue collections, and to the
public health and safety of the state's residents.
    (D) By this act,
the General Assembly intends to promote the public health, safety, and welfare
of residents of this State with laws intended to strictly regulate beverages
containing alcohol by preserving and promoting a robust, stable system of
distribution of beverages containing alcohol to the public, that does not
provide for economic protectionism. Excessive use of beverages containing
alcohol has wide- ranging deleterious health effects, including death. The
General Assembly acknowledges that, according to the United States Centers for
Disease Control, during the period from 2011-2015 an average of 1,679 of this
state's residents suffered alcohol-attributed deaths due to excessive alcohol
use and the rate of binge drinking in this State is ranked among the highest in
the nation. The General Assembly acknowledges that, according to the National
Highway Traffic Safety Administration, this State had two hundred eighty-five
alcohol impaired driving fatalities in 2019, which accounted for twenty-eight
percent of the total traffic fatalities in the State. Attributed deaths due to
alcohol-impaired driving in this State is ranked among the highest in the
nation.
    (E) This act has
been enacted pursuant to the authority granted to the State by the Twenty-first
Amendment to the Constitution of the United States, the powers reserved to the
states under the Tenth Amendment to the United States Constitution, and the inherent
powers of the State under the Constitution of the State of South Carolina,
1895, and the statutes promulgated thereunder. It is the intent of the General
Assembly that this act do all of the following:
       (1) further
regulate and control transactions in this State as to beverages containing
alcohol under the control and supervision of the Department of Revenue;
       (2) strictly
regulate transactions involving beverages containing alcohol by fostering
moderation and responsibility in the use and consumption of beverages
containing alcohol;
       (3) promote and
assure the public's interest in fair and efficient distribution and quality
control of beverages containing alcohol in this State;
       (4) promote
orderly marketing of beverages containing alcohol;
       (5) prevent
unfair business practices, discrimination, and undue control of one segment of
the alcoholic beverage industry by any other segment;
       (6) foster
vigorous and healthy competition in the alcoholic beverage industry and protect
the interests of consumers against fraud and misleading practices in the sale
of beverages containing alcohol and avoid problems associated with
indiscriminate price cutting and excessive advertising of beverages containing
alcohol;
       (7) provide for
an orderly system of public revenues by facilitating the collection and
accountability of state and local excise taxes;
       (8) facilitate
the collection of state and local revenue;
       (9) maintain
trade stability and provide for the continuation of control and orderly
processing by the State over the regulation of retail locations licensed to
sell beverages containing alcohol and the process of selling and delivering
beverages containing alcohol to the state's consumers;
       (10) ensure
that the Department of Revenue and State Law Enforcement Division are able to
monitor licensed operations through on-site inspections to confirm compliance
with state law and that any beverages containing alcohol shipped into,
distributed, and sold throughout this State:
  (a) have
registered for sale in this State with the Department of Revenue, as prescribed
by law;
  (b) are not
subject to a government-mandated or supplier-initiated recall;
  (c) are not
counterfeit;
  (d) are
labeled in conformance with applicable laws, rules, and regulations;
  (e) can be
inspected and tested by the Department of Revenue or the State Law Enforcement
Division; and
  (f) are not
prohibited by this State;
       (11) promote
and maintain a sound, stable, and viable three-tier system of distribution of
beverages containing alcohol to the public; and
       (12) ensure
that statutes and regulations relating to beverages containing alcohol exist to
serve the interests of the State of South Carolina and its citizens rather than
to serve or protect the interests of market participants by adopting
protectionistic measures with no demonstrable connection to the state's
legitimate interests in regulating beverages containing alcohol.
SECTION 2.  Section 61-2-170 of the S.C. Code is amended to read:
    Section
61-2-170.  Except as otherwise provided for in Section
61-4-45 and Section 61-6-1570, the department may not generate license
fees to be deposited in the general fund of the State through the issuance of
licenses or permits for on or off premises consumption which authorize
alcoholic liquors, beer, or wine to be sold on a drive-through or curb service
basis.
SECTION 3.  Article 1, Chapter 4, Title 61 of the S.C. Code is
amended by adding:
    Section
61-4-45. (A) The department may issue
a license or permit allowing a retailer to offer curbside delivery or pick up
through curbside service of beer or wine if the retailer:
       (1)
has a clearly designated curbside area abutting or adjacent to or in close
proximity to its business;
       (2)
requires a customer to provide a valid government-issued identification at the
time of pick up;
       (3)
prohibits the use of curbside delivery or curbside pick up service by an
intoxicated person or a person under the age of twenty-one;
       (4)
requires the employee delivering sealed containers of beer or wine to a
customer's vehicle to be eighteen years or older; and
       (5) requires
the employee delivering sealed containers of beer to a customer's vehicle to
undergo training to deliver beer or wine as provided or approved by the Office
of Substance Use Services and as administered by the retail dealer, delivery
service, or an Office of Substance Use Services-approved training program.
    (B)
This section may not be interpreted to authorize:
       (1)
the curbside delivery or pick up through curbside service of open containers of
beer or wine;
       (2)
the delivery of beer or wine beyond the premises authorized in subsection
(A)(1), including delivery through a third-party delivery service or the
retailer;
       (3)
the drive-through pick up of beer or wine; or
       (4) the
curbside delivery or pick up through curbside service of containers of beer or
wine that, at the time of delivery or service to a customer's vehicle, are
chilled.
    (C) As
used in this section, "retailer" means a person or entity licensed under this
title as a retailer authorized to sell beer, ale, porter, and wine in sealed
containers for off-premises consumption or on-premises consumption and does not
include a manufacturer or any other person or entity licensed to manufacture
beer and wine.
SECTION
4.A.  Article 1, Chapter 4, Title 61 of the S.C.
Code is amended by adding:
    Section
61-4-280.  (A) As used in this
section:
       (1)
"Customer" means an individual who is at least twenty-one years of age and who
purchases products from a licensed retail dealer through the use of the internet,
mobile applications, or other similar technology.
       (2)
"Delivery" means local delivery of beer or wine made by a retail dealer or
delivery service employees or independent contractors. Delivery by a retail
dealer or delivery service must be made on the same day the beer and wine is
collected from the retail dealer and may not be interstate or further hired,
including to a common carrier.
       (3)
"Delivery service" means a third party that delivers items from a retail dealer
to consumers for personal consumption and not for resale using employees or
independent contractors to facilitate the delivery. A "delivery service" also
may facilitate delivery through technology services that connect customers with
retail dealers through the use of the internet, mobile applications, and other
similar technology.
       (4)
"Recipient" means an individual who is at least twenty-one years of age, who is
physically present at the address designated by the customer, and who is
receiving the intended delivery from the delivery service or retail dealer.
       (5)
"Retail dealer" means a person or entity licensed under this title as a
retailer authorized to sell beer, ale, porter, and wine in sealed containers
for off-premises consumption or on-premises consumption and does not include a
manufacturer or any other person or entity licensed to manufacture beer or
wine.
       (6)
"Sealed container" means a vessel containing beer or wine, which has not been
opened, tampered with, uncapped, or unsealed subsequent to its original filling
and airtight sealing by the manufacturer, importer, or retail dealer.
       (7)
"Third party" means any individual, partnership, association, company, limited
liability company, corporation, or other entity or group who is licensed to do
business in this State, regardless of the state of residency, that has a
contractual relationship with at least one licensed retail dealer, and who is
not an employee of the retail dealer.
    (B)
Notwithstanding any other provision of law, a retail dealer may hire a delivery
service to deliver sealed packages of beer and wine for personal consumption
and a retail dealer may itself deliver sealed packages of beer and wine for
personal consumption. Delivery shall not occur on the premises of any church,
school, or playground, as those terms are defined in Section 61-6-120, within
any residence hall or dormitory on a college or university campus in this
State, or within the premises of licensed on-premises retailers, excluding
hotels. For purposes of determining whether the area for the delivery of beer
and wine is permissible, the Department of Revenue shall make available the
addresses of active licensed on-premises retailers upon which the delivery
service or retail dealer may reasonably rely in furtherance of prohibiting such
delivery.
    (C)
The delivery service or retail dealer must apply to the department for a
biennial license which authorizes the delivery of beer and wine that has been
purchased from a retailer through the three-tier distribution chain set forth
in Sections 61-4-735 and 61-4-940. The department shall grant the license if
the applicant:
       (1)
pays a nonrefundable four hundred dollar license fee;
       (2)
is at least twenty-one years of age;
       (3)
affirms whether the applicant or any officer or director, as may be required to
be disclosed in the license application, has been involved in the sale of
alcoholic liquors, beer, or wine in this or another state and whether he has
had a license or permit suspended or revoked;
       (4)
except for applicants that are publicly traded companies or subsidiaries of the
same, provides a criminal history background check conducted by the State Law
Enforcement Division at the time of application. The background check must
prove that the individual has not been convicted of any crime involving the
sale or distribution of beer, wine, or alcoholic liquors within the last eight
years and has not been convicted of any felony within the last ten years; and
       (5)
maintains a liquor liability insurance policy or a general liability insurance
policy with a liquor liability endorsement in the amount of at least one
million dollars for the biennial period for which it is permitted.
    (D)
Nothing in this section shall be construed to require a company that only
provides technology services to a retail dealer to obtain a delivery service
license if the company does not employ or contract with delivery drivers, but
merely provides software or an application that connects consumers and licensed
retail dealers.
    (E) A
person with ownership or financial interest in a delivery service licensee may
not hold or maintain concurrent ownership or financial interest in beer or wine
business operations on the manufacturer tier-one, or tier-two wholesaler
operations, except as provided in Section 61-4-735(D) or Section 61-4-940(D).
    (F)
Each individual who delivers beer and wine for a retail dealer or delivery
service must be at least twenty-one years of age, must not have a felony
conviction within the last ten years, as confirmed by a background check
conducted by the delivery service prior to being hired, and must undergo
certification and training to deliver beer and wine as provided by the
department and as administered by the retail dealer or delivery service.
    (G)(1) A licensed retail dealer may
market, receive, and process orders for beer and wine products under this
section using electronic means owned, operated, and maintained by a third
party, provided that:
  (a)
the retail dealer maintains ultimate control and responsibility over the sales
transaction and transfer of physical possession of the beer and wine to the
delivery service employee or independent contractor;
  (b)
the retail dealer retains the sole discretion to determine whether to accept
and complete a sales transaction or reject it;
  (c)
the retail dealer retains the independence to determine which beer and wine are
made available for ordering through electronic means, which beer and wine are
made available for delivery to the recipient at the address designated by the
customer, and to independently set the price of such products;
  (d)
the sales transaction takes place between the customer and the retail dealer,
and the retail dealer appears as the merchant of record;
  (e)
any credit or debit card information provided by a customer to the third party
for the purpose of transacting a purchase with a retail dealer is automatically
directed to the retail dealer such that the retail dealer appears as the
merchant of record at the time of purchase and on the receipt;
  (f)
the retail dealer, or an employee of the retail dealer, processes by the
licensed premises that accepts the order, all payments initiated by a customer
that is transacting a purchase with the retail dealer; and
  (g)
the beer and wine are in the possession of the retail dealer prior to the
retail dealer's processing of payment for such products.
       (2)
The relationship between the retail dealer and delivery service must be one of
independent contractors, and neither party shall be deemed the employee, agent,
or joint venturer of the other party under any circumstances or for any
purpose; provided that the retail dealer and delivery service may operate under
the same parent company or otherwise share common ownership.
    (H)
Licensed retail dealers or third parties shall maintain records of beer and
wine sales delivered by third parties for a period of three years. The records
must document the chain of custody of the beer and wine sold by retail dealers
and delivered by third parties and shall include the retail dealer's name,
deliverer's name, recipient's name, date of birth, type and number of
identification presented, delivery address, and signature. Upon request, the
records must be made available to the department, within a reasonable period of
time, in the manner prescribed by the department.
    (I)
The retail dealer or delivery service shall assemble, package, and fulfill each
order for delivery at the licensed premises of the retail dealer from inventory
located at such licensed premises and shall not retrieve inventory from any
other of the retail dealer's locations or of any other person or entity,
including another retail dealer.
    (J)
All beer, ale, porter, and wine that leave the licensed premises of the retail
dealer for delivery:
       (1)
shall remain in the possession of the retail dealer or delivery service
employee or independent contractor who removed it from the licensed premises
for delivery and may not be transferred to any other person until the time of
delivery in compliance with this section or the return to the retail dealer's
licensed premises the same day removed if delivery is not made; and
       (2)
shall not be carried with, comingled with, stored with, or transported in any
vehicle or other transportation device containing products or goods traveling
in interstate commerce.
    (K) A
retail dealer must not deliver or sell for delivery and a delivery service must
not deliver beer or wine to any location or recipient beyond the United States
Postal Service five-digit ZIP code or a contiguous ZIP code of the selling
retail dealer's licensed premises.
    (L) A
retail dealer or delivery service licensee only may deliver beer and wine
within the time allowed for lawful sales and consumption in the jurisdiction,
subject to local option laws in the county for the licensed retail dealer, and
as provided in Section 61-4-120. Also, at the time of delivery, a retail dealer
or delivery service employee or independent contractor must: (i) use some form
of electronic or current state-of-the-art age verification software technology
requiring the recipient to provide photographic identification reflecting a
date of birth to verify the recipient is at least twenty-one years of age, and
must obtain the recipient's signature, or (ii) if the available software
technology is not operable at the point of delivery, then manually record or
document the deliverer's name, the recipient's name, date of birth, type and
number of identification presented and signature before transferring possession
of the beer and wine to the intended recipient.
    (M) A
retail dealer and delivery service shall refuse delivery and return the beer
and wine to the retail dealer's licensed premises on the same date of
collection and attempted delivery when the recipient is not present or:
       (1)
is less than twenty-one years of age;
       (2)
fails to produce valid identification;
       (3)
appears to be intoxicated; or
       (4)
the retail dealer or delivery service employee or independent contractor is
unable to scan and retain, or manually record or document the recipient's name,
date of birth, type of identification presented and signature.
    (N)
Each retail dealer or delivery service that delivers beer and wine must
monetarily incentivize its employees or independent contractors to return beer
and wine to the retail dealer's licensed premises if the delivery is refused by
the recipient or pursuant to subsection (M).
    (O) A
customer order made through a delivery service licensee shall result in a sale
deemed to have been made on the retail dealer's licensed premises.
    (P)(1) For violations of this section, and
for a violation of any regulation pertaining to beer or wine, the department
may, in its discretion, impose a monetary penalty upon a retail dealer or the
holder of a delivery service license in lieu of suspension or revocation. The
amount of any penalty imposed must be no less than twenty-five dollars and no
more than one thousand dollars. The fine is subject to a hearing as provided in
the South Carolina Revenue Procedures Act and the Administrative Procedures Act.
       (2)
The department in its discretion may suspend payment of a fine or a monetary
penalty imposed under this section. Any fines collected pursuant to this
section must be credited to the general fund.
       (3)
If the department imposes a monetary penalty under this section which is not
paid or a contested case hearing is not requested within thirty days after
demand by the department, the license or licenses may be suspended or revoked
by the department.
       (4)
Penalties provided for in this section are in addition to any fines and
penalties imposed by law or by any court of competent jurisdiction for
violation of the laws of this State.
       (5)
In addition to the penalties provided in this subsection, the department may
revoke the delivery license of an entity or person failing to comply with any
requirements hereof.
B. This
SECTION takes effect ninety days after approval by the Governor.
SECTION 5.  Article 5, Chapter 6, Title 61 of the S.C. Code is
amended by adding:
    Section
61-6-1570. (A) The department may
issue a license or permit allowing a retailer to offer curbside delivery or
pick up through curbside service of alcoholic liquors if the retailer:
       (1)
has a clearly designated curbside area abutting or adjacent to or in close
proximity to its business;
       (2)
requires a customer to provide a valid government-issued identification at the
time of pick up;
       (3)
prohibits the use of curbside delivery or curbside pick up service by an
intoxicated person or a person under the age of twenty-one; and
       (4)
requires the employee delivering sealed containers of alcoholic liquors to a
customer's vehicle to be twenty-one years or older.
    (B)
This section may not be interpreted to authorize:
       (1)
the curbside delivery or pick up through curbside service of open containers of
alcoholic liquors;
       (2)
the delivery of alcoholic liquors beyond the premises authorized in subsection
(A)(1), including delivery through a third-party delivery service or the
retailer;
       (3)
the drive-through pick up of alcoholic liquors; or
       (4)
the curbside delivery or pick up through curbside service of containers of
alcoholic liquors that, at the time of delivery or service to a customer's
vehicle, are chilled.
    (C)
As used in this section, "retailer" means a person or entity licensed under
this title as a retailer authorized to sell alcoholic liquors in sealed
containers for off-premises consumption and does not include a manufacturer or
any other person or entity licensed to manufacture alcoholic liquors.
SECTION
6.A.  Article 5, Chapter 6, Title 61 of the S.C.
Code is amended by adding:
    Section
61-6-1580. (A) As used in this
section:
       (1)
"Customer" means an individual who is at least twenty-one years of age and who
purchases products from a licensed retail dealer through the use of the internet,
mobile applications, or other similar technology.
       (2)
"Delivery" means local delivery of alcoholic liquors made by a retail dealer or
delivery service employees or independent contractors. Delivery by a retail
dealer or delivery service must be made on the same day the alcoholic liquor is
collected from the retail dealer and may not be interstate or further hired,
including to a common carrier.
       (3)
"Delivery service" means a third party that delivers items from a retail dealer
to consumers for personal consumption and not for resale using employees or
independent contractors to facilitate the delivery. A "delivery service" also
may facilitate delivery through technology services that connect customers with
retail dealers through the use of the internet, mobile applications, and other
similar technology.
       (4)
"Recipient" means an individual who is at least twenty-one years of age, who is
physically present at the address designated by the customer, and who is
receiving the intended delivery from the delivery service or retail dealer.
       (5)
"Retail dealer" means a person or entity licensed under this title as a
retailer authorized to sell alcoholic liquors in sealed containers for
off-premises consumption and does not include a manufacturer or any other
person or entity licensed to manufacture alcoholic liquors.
       (6)
"Sealed container" means a vessel containing alcoholic liquors, which has not
been opened, tampered with, uncapped, or unsealed subsequent to its original
filling and airtight sealing by the manufacturer or importer.
       (7)
"Third party" means any individual, partnership, association, company, limited
liability company, corporation, or other entity or group who is licensed to do
business in this State, regardless of the state of residency, that has a
contractual relationship with at least one licensed retail dealer, and who is
not an employee of the retail dealer.
    (B)
Notwithstanding any other provision of law, a retail dealer may hire a delivery
service to deliver sealed packages of alcoholic liquors for personal
consumption and a retail dealer may itself deliver sealed packages of alcoholic
liquors for personal consumption. Delivery shall not occur on the premises of
any church, school, or playground, as those terms are defined in Section
61-6-120, within any residence hall or dormitory on a college or university
campus in this State, or within the premises of licensed on-premises retailers,
excluding hotels. For purposes of determining whether the area for the delivery
of alcoholic liquors is permissible, the Department of Revenue shall make
available the addresses of active licensed on-premises retailers upon which the
delivery service or retail dealer may reasonably rely in furtherance of
prohibiting such delivery.
    (C)
The delivery service or retail dealer must apply to the department for a
biennial license which authorizes the delivery of alcoholic liquors that have
been purchased from a retailer that holds a retail dealers' license as defined
in Section 61-6-100(3) and that has purchased the alcoholic liquors from a
wholesaler as required by this chapter. The department shall grant the license
if the applicant:
       (1)
pays a nonrefundable four hundred dollar license fee;
       (2)
is at least twenty-one years of age;
       (3)
affirms whether the applicant or any officer or director, as may be required to
be disclosed in the license application, has been involved in the sale of
alcoholic liquors, beer, or wine in this or another state and whether he has
had a license or permit suspended or revoked;
       (4)
except for applicants that are publicly traded companies or subsidiaries of the
same, provides a criminal history background check conducted by the State Law
Enforcement Division at the time of application. The background check must
prove that the individual has not been convicted of any crime involving the
sale or distribution of beer, wine, or alcoholic liquors within the last eight
years and has not been convicted of any felony within the last ten years; and
       (5)   maintains
a liquor liability insurance policy or a general liability insurance policy
with a liquor liability endorsement in the amount of at least one million
dollars for the biennial period for which it is permitted.
    (D)
Nothing in this section shall be construed to require a company that only
provides technology services to a retail dealer to obtain a delivery service
license if the company does not employ or contract with delivery drivers, but
merely provides software or an application that connects consumers and licensed
retail dealers.
    (E) A
person with ownership or financial interest in a delivery service licensee may
not hold or maintain concurrent ownership or financial interest in a business
operation that holds either a manufacturers' license or a wholesalers' license,
except as authorized pursuant to any provision of this chapter.
    (F)
Each individual who delivers alcoholic liquors for a retail dealer or delivery
service must be at least twenty-one years of age, must not have a felony
conviction within the last ten years, as confirmed by a background check
conducted by the delivery service prior to being hired, and must undergo
certification and training to deliver alcoholic liquors as provided by the
department and as administered by the retail dealer or delivery service.
    (G)(1) A licensed retail dealer may
market, receive, and process orders for alcoholic liquors under this section
using electronic means owned, operated, and maintained by a third party,
provided that:
  (a)
the retail dealer maintains ultimate control and responsibility over the sales
transaction and transfer of physical possession of the alcoholic liquors to the
delivery service employee or independent contractor;
  (b)
the retail dealer retains the sole discretion to determine whether to accept
and complete a sales transaction or reject it;
  (c)
the retail dealer retains the independence to determine which alcoholic liquors
are made available for ordering through electronic means, which alcoholic
liquors are made available for delivery to the recipient at the address
designated by the customer, and to independently set the price of such
products;
  (d)
the sales transaction takes place between the customer and the retail dealer,
and the retail dealer appears as the merchant of record;
  (e)
any credit or debit card information provided by a customer to the third party
for the purpose of transacting a purchase with a retail dealer is automatically
directed to the retail dealer such that the retail dealer appears as the
merchant of record at the time of purchase and on the receipt;
  (f)
the retail dealer, or an employee of the retail dealer, processes by the
licensed premises that accepts the order, all payments initiated by a customer
that is transacting a purchase with the retail dealer; and
  (g)
the alcoholic liquors are in the possession of the retail dealer prior to the
retail dealer's processing of payment for such products.
       (2)
The relationship between the retail dealer and delivery service must be one of
independent contractors, and neither party shall be deemed the employee, agent,
or joint venturer of the other party under any circumstances or for any
purpose; provided, that the retail dealer and delivery service may operate
under the same parent company or otherwise share common ownership.
    (H)
Licensed retail dealers or third parties shall maintain records of alcoholic
liquor sales delivered by third parties for a period of three years. The
records must document the chain of custody of the alcoholic liquors sold by
retail dealers and delivered by third parties and shall include the retail
dealer's name, deliverer's name, recipient's name, date of birth, type and
number of identification presented, delivery address, and signature. Upon
request, the records must be made available to the department, within a
reasonable period of time, in the manner prescribed by the department.
    (I)
The retail dealer or delivery service shall assemble, package, and fulfill each
order for delivery at the licensed premises of the retail dealer from inventory
located at such licensed premises and shall not retrieve inventory from any
other of the retail dealer's locations or of any other person or entity,
including another retail dealer.
    (J)
All alcoholic liquors that leave the  licensed premises of the retail dealer
for delivery:
       (1)
shall remain in the possession of the retail dealer or delivery service
employee or independent contractor who removed it from the licensed premises
for delivery and may not be transferred to any other person until the time of
delivery in compliance with this section or the return to the retail dealer's
licensed premises the same day removed if delivery is not made; and
       (2)
shall not be carried with, comingled with, stored with, or transported in any
vehicle or other transportation device containing products or goods traveling
in interstate commerce.
    (K) A
retail dealer must not deliver or sell for delivery and a delivery service must
not deliver alcoholic liquors to any location or recipient beyond the United
States Postal Service five-digit ZIP code or a contiguous ZIP code of the
selling retail dealer's licensed premises.
    (L) A
retail dealer or delivery service licensee only may deliver alcoholic liquors
within the time allowed for lawful sales and consumption in the jurisdiction,
subject to local option laws in the county for the licensed retail dealer, and
as provided in Section 61-6-1500 and Article VIII-A of the Constitution of the
State of South Carolina. Also, at the time of delivery, a retail dealer or
delivery service employee or independent contractor must: (i) use some form of
electronic or current state-of-the-art age verification software technology
requiring the recipient to provide photographic identification reflecting a
date of birth to verify the recipient is at least twenty-one years of age, and
must obtain the recipient's signature, or (ii) if the available software
technology is not operable at the point of delivery, then manually record or
document the deliverer's name, the recipient's name, date of birth, type and
number of identification presented and signature before transferring possession
of the alcoholic liquors to the intended recipient.
    (M) A
retail dealer and delivery service shall refuse delivery and return the
alcoholic liquors to the retail dealer's licensed premises on the same date of
collection and attempted delivery when the recipient is not present or:
       (1)
is less than twenty-one years of age;
       (2)
fails to produce valid identification;
       (3)
appears to be intoxicated; or
       (4)
the retail dealer or delivery service employee or independent contractor is
unable to scan and retain, or manually record or document the recipient's name,
date of birth, type of identification presented and signature.
    (N)
Each retail dealer or delivery service that delivers alcoholic liquors must
monetarily incentivize its employees or independent contractors to return
alcoholic liquors to the retail dealer's licensed premises if the delivery is
refused by the recipient or pursuant to subsection (M).
    (O) A
customer order made through a delivery service licensee shall result in a sale
deemed to have been made on the retail dealer's licensed premises.
    (P)(1) For violations of this section,
and for a violation of any regulation pertaining to alcoholic liquors, the
department may, in its discretion, impose a monetary penalty upon a retail
dealer or the holder of a delivery service license in lieu of suspension or
revocation. The amount of any penalty imposed must be no less than twenty-five
dollars and no more than one thousand dollars. The fine is subject to a hearing
as provided in the South Carolina Revenue Procedures Act and the Administrative
Procedures Act.
       (2)
The department in its discretion may suspend payment of a fine or a monetary
penalty imposed under this section. Any fines collected pursuant to this
section must be credited to the general fund.
       (3)
If the department imposes a monetary penalty under this section which is not
paid or a contested case hearing is not requested within thirty days after
demand by the department, the license or licenses may be suspended or revoked
by the department.
       (4)
Penalties provided for in this section are in addition to any fines and
penalties imposed by law or by any court of competent jurisdiction for
violation of the laws of this State.
       (5)
In addition to the penalties provided in this subsection, the department may
revoke the delivery license of an entity or person failing to comply with any
requirements hereof.
B. This
SECTION takes effect ninety days after approval by the Governor.
SECTION 7.  If
any provision of this act, or its application to any person or circumstance, is
determined by a court or other authority of competent jurisdiction to be
invalid or unconstitutional, that provision must be stricken and the remaining
provisions must be construed in accordance with the intent of the General
Assembly to further limit rather than expand commerce in beverages containing
alcohol, and with respect to such beverages, the remaining provisions must be
construed to enhance strict regulatory control over the taxation, importation,
production, distribution, sale, and delivery of beverages containing alcohol
through the three-tier regulatory system and the licensing laws imposed by this
act.
SECTION 8.  This act takes effect upon approval
by the Governor.
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This web page was last updated on May 06, 2026 at 10:14 AM