South Carolina Code 61-4-748. Certain wineries eligible for satellite location certificates
(1) before commencing operations at any wholly owned satellite location, the holder of a valid winery license must first have satisfied all applicable investment and job requirement thresholds;
Terms Used In South Carolina Code 61-4-748
- Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 61-2-100
(2) a winery producing or bottling at least ten million gallons of wine and alcoholic beverages per calendar year in this State may operate one tasting-room premises;
(3) a winery producing or bottling at least twenty million gallons of wine and alcoholic beverages per calendar year in this State may operate two tasting-room premises;
(4) a winery producing or bottling at least thirty million gallons of wine and alcoholic beverages per calendar year in this State may operate three tasting-room premises;
(5) the winery submits, and the department approves, separate applications for each tasting-room premises to be issued a permit, as provided by §§ 61-2-90 and 61-2-140(C);
(6) the winery must pay a biennial tasting-room permit fee of five thousand dollars per tasting-room premises;
(7) no more than one tasting-room premises shall be permitted in any one county of this State;
(8) the winery may conduct tastings of or sell only wine that is (a) produced or bottled by the winery within or outside of this State, (b) produced for or produced and packaged for the winery within or outside of this State and sold under a brand name owned by the winery, or (c) wine for which the winery is the exclusive agent in the United States of an out-of-state vintner;
(9) the winery must sell wine for off-premises consumption at a tasting-room premises at a price approximating retail prices generally charged for identical wine in the county where the tasting-room premises is located;
(10) the winery must charge a consumer a tasting fee to participate in a tasting or the consumer may not purchase any wine for off-premises consumption;
(11) the winery shall remit applicable sales, use, and other state taxes and local taxes for each tasting-room premises. The winery shall maintain adequate records for each tasting-room premises to ensure the collection of these taxes;
(12) all wine to be handled, tasted, or sold at a tasting-room premises must be purchased from licensed wholesalers and transported and delivered to the licensed tasting-room premises only by licensed South Carolina wholesalers;
(13) the winery must maintain all liability insurance required pursuant to § 61-2-145; and
(14) tastings and sales shall not be offered or made to, or allowed to be offered, made to, or consumed by an intoxicated person or a person who is under the age of twenty-one.
(B) In addition to the provisions set forth in subsection (A), a winery holding one or more tasting-room permits must not provide or sell to an individual consumer at a tasting-room premises:
(1) more than ten ounces of wine in one day for on-premises consumption, including any samples offered and consumed; or
(2) more than the equivalent of six 750-milliliter bottles of wine each calendar month to an individual consumer for off-premises consumption and not for resale.
(C) Tasting rooms authorized in this section must close to the public at 5:30 p.m. and may not open to the public until 8:00 a.m.
(D) Each tasting-room permit application is subject to protest, as provided for in § 61-4-525 for beer and wine permit applications.
(E) The holder of a tasting-room permit who violates a provision of this section is subject to the penalties specified in § 61-4-250.
(F) Nothing in this section shall be construed so as to prohibit or restrict a winery that also holds a brewery, micro-distillery, or liquor manufacturer’s license from applying for or holding any license or permit that is available to other licensed breweries, micro-distilleries, or liquor manufacturers in this State and that allows the tasting or sales of beer or alcoholic liquors.
(G) Authorization by this section of sales and tastings at a tasting-room premises is expressly intended for the promotion of education regarding production of wine in the State and not to create competition between producers and retailers.