South Carolina Administrative Code

5-71. Assessments. A. Rate—an annual assessment of four (4) cents per unit be levied on all fresh market cucumbers produced in South Carolina. B. Collections—‘‘Handlers’’ shall deduct the assessment from the total monies due the producer and shall remit to the Commission on a wee…

5-72. Contracts. It will be deemed a violation of the provisions of the Order for a person, firm, or business entity to act in the capacity of ‘‘handler’’ of Fresh Market Cucumbers grown in South Carolina without first having negotiated a contract with each and every producer of …

5-73. Communications. A. The Board shall, insofar as possible, provide current information by bulletin, news letter, and any other available means to all commercial growers of fresh market cucumbers in South Carolina of: 1. Prices posted by handlers. 2. Existing and projected mar…

5-74. Refunds. Any producer may request a refund provided the request is made in writing and in the hands of the Commission within 30 days from the date upon which assessment was due and that such assessment was properly paid and receipt issued prior to this date; provided that t…

5-75. Authority. The authority for the rules and regulations contained herein comes under Marketing Order No. 3 for South Carolina Cucumbers issued March 10, 1970, and the Agricultural Commodities Marketing Act of 1968. (Approved April 7, 1970).

5-76. Price Posting. A. The South Carolina Cucumber Board has made Price Posting by Handlers a requirement, effective October 1, 1970. B. On or before this date, a price schedule must be posted by each Handler of South Carolina cucumbers at the office of the Board (P. O. Box 4479…

5-77. Cucumber Grades. A. All cucumbers offered for sale must be inspected by United States Department of Agriculture shipping point inspection service and be covered by an official inspection certificate. B. The following grades are approved for sale: A. Super Select—must grade …

5-80. Principal Place of Business. The principal place of business of the South Carolina Cucumber Board shall be its office at P. O. Box 479, Burton, South Carolina.

5-81. Officers and Their Duties. 1. The officers of the Board shall consist of a Chairman, a Vice-Chairman, a Secretary-Treasurer, each of whom shall be a member of the Board. A. The officers of the Board shall be elected annually at its first meeting after July 1st. Provided, ho…

5-82. Employees and Their Duties. 1. The employees of the Board shall be a Manager, either a part-time or full-time, who shall also be the Assistant Secretary-Treasurer and such other employees or agents as the Board may designate. 2. The duties of the Manager shall be as follows…

5-83. Meetings. 1. Regular meetings of the Board shall be held at least quarterly at the offices of the Board, unless otherwise ordered by the Board or the Chairman. The meetings of the Board shall be open to all South Carolina Cucumber growers, handlers, and others serving the S…

5-84. Committees. 1. The Board may appoint, or empower the Chairman to appoint, from its members such committees as it may deem necessary for the expeditious handling of the affairs of the Board and may assign to standing committees such ministerial duties as the Board may deem p…

5-85. Fidelity Bonds. 1. All officers and employees of the Board who approve items for payment shall be placed under a Fidelity Bond issued by a company authorized to do business in the State of South Carolina in an amount to be fixed by the Commission and the Board and the premi…

5-86. Procedures and Transaction of Business. The Board, when in session, shall be governed in its deliberations in the transaction of its business by the rules and regulations herein provided, and by the provisions of Marketing Order No. 3 and the Agricultural Commodities Market…

5-87. Powers of the Board. 1. Any officer, agent, or employee appointed, elected, or employed by the Board shall be subject to removal or suspension by the Board at any time. No officer, member, employee or agent of the Board shall have the authority to commit the Board unless su…

5-88. Compensation and Expense of Board Members. 1. The members of the Board shall be reimbursed for expenses necessarily incurred by them in the performance of their duties and shall receive per diem at the rate of $15 a day. 2. It shall be the responsibility of each person fili…

5-89. Amendments. The Board may amend these By-Laws at any meeting of the Board in accordance with the prescribed voting procedure. However, at least five days notice shall be given to all members of the Board that such amendment will be considered. SUBARTICLE 4 PORK A. MARKETING…

5-90. Definition of Terms. Terms used in this marketing order shall be as defined in the Act and as follows: a. ‘‘Act’’ means the South Carolina Agricultural Commodities Marketing Act of 1968 (R1363, H2681) and as amended in 1970 (R1072, R1073, R1080). b. ‘‘Affected area’’ and ‘‘…

5-91. South Carolina Pork Board. 1. Establishment and Membership. A Pork Board is hereby established with such powers and duties as are authorized by § 46-17-270 and by item 8 of this section. The Board shall be composed of twelve (12) producer members elected by districts as pro…

5-92. Marketing Order Purposes. This marketing order shall be for the purpose of establishing a ‘‘check off’’ program of producer assessments to finance activities including advertising, sales promotion, research, investigation of unfair competition, cooperation with other agenci…

5-93. Assessments and Assessment Funds. 1. Assessments Levied. On and after the effective date of this marketing order, there is hereby levied and there shall be collected by the Commission as provided in § 46-17-310 upon swine produced in the State and sold by the producer for s…

5-94. Information Reports. Information Reports. All persons subject to the provisions of this marketing order shall make and render such reports and furnish such information to the Board as may be necessary or required under the Act or this marketing order to effectuate the purpo…

5-95. Continuance. Continuance. Prior to the completion of each three (3) calendar years from the effective date of this order, or the completion of three (3) complete swine marketing seasons, which ever shall be the longer period, the Commission shall resubmit this order to a re…

5-96. Effective Time. The effective date of Marketing Order No. 4 shall be December 1, 1970. B. ADMINISTRATION AND OPERATION OF MARKETING ORDER NO. 4 FOR SOUTH CAROLINA PORK

7-200. General Provisions. Title 61 of the South Carolina Code of Laws concerns the regulation of alcoholic liquor, beer and wine in the State of South Carolina. The following subsections address various general provisions applicable to the regulation of all alcoholic beverages.

7-200.1. Applications. A. Filing fees. All applications filed with the South Carolina Department of Revenue must be accompanied by the appropriate filing fee before any application can be processed. B. Contents of application. All applications shall describe with particularity th…

7-200.2. Records. Every holder of a permit or license issued by the Department must keep and maintain at some location within the state records of all purchases of liquor, beer and wine. Such records must include the name of the seller and the date and quantity of the purchase. T…

7-200.3. Display of Permits and Licenses. The holder of a permit or a license shall display such license in a conspicuous place upon the premises; however, the license required by Section 61-6-700 shall be conspicuously displayed in the area in which the wines, liqueurs, and simi…

7-200.4. Person Under 21—Violation to Allow Possession and Consumption of Alcoholic Li- quors, or Possession and Consumption of Beer or Wine, on Premises. To permit or knowingly allow a person under twenty-one year of age to purchase or possess or consume alcoholic liquors, beer …

7-200.5. Signs Required Under Section 61-4-70 and 61-6-1530; Size and Lettering. The lettering on the signs required under Section 61-4-70 and 61-6-1530 shall be no smaller than one-half inch and the sign shall be posted in a conspicuous place behind the bar if the permit or lice…

7-201. Requirements for Protesting Beer and Wine Permits or Alcoholic Liquor Licenses. Code Sections 61-4-525, 61-6-185 and 61-6-1825 set forth the requirements a person must follow when protesting the issuance or renewal of a beer and wine permit, retail liquor store license and…

7-202. Premises. The following provisions apply with respect to licenses issued pursuant to Title 61. The purpose of these provisions is the determination of the extent of the physical place where a business or entity that has been approved to hold a license undertakes the privil…

7-202.1. General Requirements - All Licenses. A. Unless otherwise limited by statute or regulation, as used in Title 61, ‘‘premises’’ means all of the buildings and grounds that are both (1) subject to the direct control of the license holder and (2) used by the license holder to…

7-202.2. Specific Facilities - Alcoholic Liquor by the Drink. A. In addition to the provisions of Regulations 7-202 and 7-202.1 (unless otherwise limited or restricted) the premises for licenses for alcoholic liquor by the drink for on-premises consumption for the following speci…

7-202.3. Restrictions on the Premises of Nonprofit Organizations Licensed to Sell Alcoholic Liquor by the Drink. A. The premises of a nonprofit organization must be separate from the premises of any business operation, including business establishments licensed to sell alcoholic …

7-300. Purchases, Transfers and Deliveries to and from Retail Locations. This regulation concerns the purchases, transfers, and deliveries of alcoholic liquors to and from locations licensed to sell alcoholic liquors.

7-300.1. Deliveries by Wholesaler to Licensed Retailer Only. A wholesaler may deliver alcoholic liquors to a licensed dealer only. Delivery may be made only in vehicle owned and operated by the wholesaler, or by a common carrier, but in no other way; and delivery may be made only…

7-300.2. Purchases by Retail Dealer from Licensed Wholesaler Only; Purchases for Exclusive Use Prohibited. No retail liquor dealer shall be permitted to purchase any alcoholic liquors except from a licensed wholesale dealer in this State. The purchase, or negotiation for purchase…

7-300.3. Dishonored Checks to Wholesalers. As Section 61-6-940 requires the retail liquor license to be revoked when such licensee is indebted to a licensed wholesale liquor dealer, the giving of a check which is dishonored by the bank is in violation of this Section of the Code.…

7-300.4. Transfers of Alcoholic Liquor Between Retail Stores. (A) No alcoholic liquors may be transferred from one retail liquor location to any other retail liquor location without special permission in advance of the South Carolina Department of Revenue, provided, however, that…

7-300.5. Liquor Not to be Removed During Restricted Hours. No licensed liquor dealer shall remove, or permit the removal of, alcoholic liquors from his licensed place of business during the hours such business is required to be closed.

7-300.6. Credit Cards Allowed for the Purchase of Liquor. The use of bank or other credit cards for the purchase of Alcoholic Liquors is approved by the Department, provided the issuing bank or other organization guarantees payment of the instrument representing a purchase throug…

7-301. Restrictions. This regulation concerns various restrictions that are applicable to liquor wholesalers, liquor retailers or both. The restrictions listed in the following subsections are not all inclusive.

7-301.1. Retail License by Wholesaler Prohibited—No Interest in Retail Store. No license for the operation of a retail store shall be issued to any employee of a wholesaler, nor shall such employee be permitted to have any interest, directly or indirectly, in any retail store. HI…

7-302. Underage Violations—Multiple Offenses. Whenever a licensed retail liquor dealer has been found by the South Carolina Department of Revenue to have sold alcoholic liquors to a person under the age of twenty-one years or permitted the sale of alcoholic liquors to a person un…

7-303. Measurements from Location to School, Church or Playground. Section 61-6-120, provide that a retail liquor license or a possession and consumption license may not be granted if the place of business is within three hundred feet of any church, school, or playground situated…

7-400. Definitions. A. Private residence. The term ‘‘private residence’’ shall mean a domestic establishment, home, or dwelling place wherein one resides, actually lives, lodges or abides and shall include places of temporary lodging or abode. B. Hotel room. The term ‘‘hotel room…