Caterer License

2025-2026 Bill 5281: Caterer License - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5281
STATUS INFORMATION
General Bill
Sponsors: Reps. Brittain, Wetmore, Oremus, Brewer, Robbins, Stavrinakis, Hardee, Herbkersman and McGinnis
Document Path: LC-0541SA26.docx
Introduced in the House on February 26, 2026
Currently residing in the House Committee on
Judiciary
Summary: Caterer License
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

2/26/2026

House

Introduced and read first time (
House Journal-page 12
)

2/26/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 12
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
02/26/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS
BY ADDING ARTICLE 15 TO CHAPTER 6, TITLE 61 SO AS TO AUTHORIZE THE DEPARTMENT
OF REVENUE TO ISSUE RETAIL ALCOHOLIC BEVERAGE CATERER LICENSES, TO PROVIDE
REGULATIONS, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ISSUE CERTAIN
ALCOHOLIC LIQUOR TEMPORARY PERMITS, AND TO ALLOW FOR CERTAIN CONTRACTS; BY
AMENDING SECTION
61-4-160
, RELATING TO DISCOUNT PRICING FOR ON-PREMISES
CONSUMPTION, SO AS TO PROVIDE THAT UP TO TWELVE FUNCTIONS MAY BE SPONSORED EACH
YEAR; AND BY REPEALING SECTION
61-6-2000
RELATING TO TEMPORARY PERMITS FOR
NONPROFIT ORGANIZATIONS AND CRIMINAL BACKGROUND CHECKS.

B
e it enacted by the General Assembly of the State of South Carolina:

S
ECTION 1.
C
hapter 6, Title 61 of the
S.C. Code is amended by adding:

A
rticle 15

C
aterer
License

S
ection
61-6-4800
.
F
or purposes of this article:

(
1) "Alcoholic beverages" means beer,
wine, and alcoholic liquors by the drink as defined in Chapters 4 and 6, Title
61.

(
2) "Caterer" means a for-profit
business that operates a restaurant or has a commercial kitchen facility and is
hired by an event host to provide food and beverage services including, but not
limited to, bartending services at a private event for a predetermined fee.
Such caterer must be bona fide engaged primarily and substantially in the
preparation and serving of meals.

(
3) "Private event" means an off-site
event that is not open to the general public and that is temporary in nature.
The premises of the private event must consist of the physical place where the
caterer has been approved to provide food and beverage services according to
the contract which grants the caterer the right to use the premises for the
contracted purpose. A caterer may not utilize a license granted under this article
to serve alcoholic beverages at a location which is otherwise the principal
place of business of a licensee holding any other license to serve or sell
beer, wine, or liquor for on- or off-premises consumption. For purposes of this
item, an "off-site event" does not include private events held at the principal
place of business of a caterer that operates a commercial kitchen facility
designed and used for private event functions, provided such events are
contracted for by a private host and are not open to the general public.

(
4)
(
a) "Commercial kitchen" means a
kitchen:

(
i) the operation of which is
contingent upon the possession of a permit as a retail food establishment
pursuant to S.C. Code Regs. Section 61-25.8-301 and the regulations thereunder;

(
ii) from which dine-in, take-out, or
delivered meals are prepared for consumption by members of the public; and

(
iii) in which appliances used in
preparation of food are permanently affixed to the building in which it
operates.

(
b) "Kitchen" does not include a
kitchen that is:

(
i) a public food service
establishment used for the preparation of takeout or delivery-only meals housed
in portable structures that are movable from place to place by a tow or are
self-propelled or otherwise axle-mounted and that include self-contained utilities
including, but not limited to, gas, water, electricity, or liquid waste
disposal;

(
ii) located within a residence; or

(
iii) shared with other persons or
business entities.

S
ection
61-6-4810
.
(
A) The Department of
Revenue is authorized to issue a retail alcoholic beverage caterer license
subject to the licensing requirements of Chapters 4 and 6, Title 61.

(
B) Notwithstanding any other
provision of law, the alcoholic beverage caterer license allows the licensee to
do the following:

(
1) serve alcoholic beverages for
on-premises consumption in conjunction with food service by the caterer of
prepared meals which excludes the serving of snacks as the primary meal for the
duration of the private event;

(
2) purchase beer and wine directly
from a wholesaler;

(
3) purchase alcoholic liquor directly
from a retail liquor store dealer with a wholesaler's basic permit issued
pursuant to the Federal Alcohol Administration Act in any size except 1.75
liter-sized bottles;

(
4) transfer alcoholic beverages from
a wholesaler or retailer to the licensee's principal place of business;

(
5) transfer alcoholic beverages
directly to and from the licensee's principal place of business to an off-site
event;

(
6) store alcoholic beverages at the
licensee's principal place of business in a secure location that prevents
access by anyone other than the licensee or the licensee's employees; and

(
7) take delivery of and store
alcoholic beverages at the location of the off-site event in a secure location
that prevents access by anyone other than the licensee or the licensee's
employees for a period beginning three calendar days before the start of the
event and ending at the conclusion of the event.

(
C) Notwithstanding any other
provision of law, a wholesaler in the case of beer and wine and retail liquor
stores who hold a Class B wholesaler's permit from the federal Alcohol and
Tobacco Tax and Trade Bureau (TTB) in the case of liquor may offer credit or a
refund for unused, unopened, and undamaged alcoholic beverages to a holder of
an alcoholic beverage caterer license, provided that the licensee has not
transferred the alcoholic beverages from the off-site event to the licensee's
principal place of business and stored these beverages at that location for
more than seventy-two hours after the termination of the off-site event.

(
D) An employee of the caterer may not
serve or deliver to a purchaser alcohol in a business where these sales are
authorized unless the employee is eighteen years of age or older. Nothing
contained in this subsection may be construed as allowing bartenders under the
age of twenty-one.

(
E) Any licensee, employee, or agent
of caterer holding an alcoholic beverage catering license is prohibited from
selling, making available for sale, or permitting the consumption of alcoholic
liquor as defined in Section
61-6-20
on the premises of the off-site event and
their principal place of business between the hours of two o'clock a.m. and ten
o'clock a.m. Selling, making available for sale, or permitting the consumption
of beer and wine as defined in Section
61-4-10
is permitted six days a week,
twenty-four hours a day except from twelve o'clock a.m. to eleven fifty-nine p.m.
on Sundays. A violation of this subsection is violation against the
establishment's license.

(
F) Notwithstanding any other
provision of law, any licensee, employee, or agent of a caterer holding an
alcoholic beverage catering license is prohibited from selling, making
available for sale, or permitting the consumption of alcoholic beverages on Sunday
unless the off-site event is located in a county or municipality that has
conducted a favorable referendum allowing the sale and consumption of alcoholic
liquors by the drink on Sunday under the referendum provisions of Section
61-6-2010
. A violation of this subsection is a violation against the
establishment's license.

(
G) A caterer duly licensed under this
section who serves alcoholic beverages for on-premises consumption at off-site
events which take place after five o'clock p.m. is required to maintain a
liquor liability insurance policy or a general liability insurance policy with
a liquor liability endorsement pursuant to the provisions of Section
61-2-145
.

(
H) The department shall add the
liquor liability insurance requirement to applications for alcoholic beverage
catering licenses, provided that such licensees sell alcoholic beverages for
on-premises consumption at off-site events which take place after five o'clock
p.m. Each applicant or person renewing his license or permit to whom this
requirement applies shall provide the department with documentation of a liquor
liability insurance policy or a general liability insurance policy with a
liquor liability endorsement in the required amounts.

(
I) Each insurer writing liquor
liability insurance policies or general liability insurance policies with a
liquor liability endorsement to a person licensed or permitted under this
section must notify the department in a manner prescribed by department regulation
of the lapse or termination of the liquor liability insurance policy or the
general liability insurance policy with a liquor liability endorsement.

(
J) A caterer seeking to obtain an
alcoholic beverage caterer license must apply for a license and pay a filing
fee of three hundred dollars which is not refundable. The applicant must pay to
the department two thousand three hundred dollars biennially for the alcoholic
beverage caterer license. A caterer who initially applies for a permit after
the first day of a permit period must pay permit fees in accordance with the
schedule provided in Section
61-6-1810
(C) and abide by the provisions of
Section
61-6-120
.

(
K) The applicant shall notify the
State Law Enforcement Division that alcoholic beverages will be served at the
site at least twenty-four hours before the off-site event.

(
L)
(
1) Notwithstanding Section
12-33-245

or any other provision of law, a holder of an alcoholic-beverage caterer
license issued under this section may collect and remit liquor-by-the-drink
excise tax and applicable sales and use tax on alcoholic beverages sold as part
of an inclusive bar package, provided:

(
a) the package price is a fixed
charge per guest;

(
b) taxes must be computed based on
either actual consumption or a reasonable per-guest drink-allocation method,
calculated with reference to the number of guests and the types and quantities
of alcoholic beverages prepared and served at the event, in accordance with the
event contract. A caterer electing the per-guest drink-allocation method shall
retain copies of the event contract and supporting records used to determine
the tax due for a period of no less than three years after the date the return
is filed, in accordance with Section
12-54-240
;

(
c) for purposes of this subsection, a
"drink" means one serving for on-premises consumption consisting of twelve
fluid ounces of beer, five fluid ounces of wine, or one and one-half fluid
ounces of distilled spirits, whether served alone or in a mixed beverage; and

(
d) this subsection applies only to
licensed caterers under this section and does not authorize inclusive or
discounted pricing for restaurants, hotels, nonprofit private clubs, or other
on-premises licensees governed by Sections
61-4-160
or
61-6-4550
.

(
2) The Department of Revenue may
promulgate regulations establishing default drink-equivalent ratios, allocation
tables, and recordkeeping requirements for licensed caterers electing to use
the inclusive-package method.

(
M) Nothing in this section authorizes
the holder of an alcoholic beverage caterer license to sell beer, wine, or
liquor at retail for off-premises consumption.

(
N) Unless otherwise specified,
violations of this section are subject to the penalties provided in Chapter 4, Title
61. Violations of the requirements of Chapters 3, 4, and 6, Title 61 are a
violation of this section and subject to the respective penalties of those
chapters.

S
ection
61-6-4820
.
(
A) In addition to the
licenses authorized pursuant to the provisions of Subarticle 1, Article 5 of
this chapter, the department is authorized to issue the following alcoholic
liquors temporary permits, subject to the restrictions of this section:

(
1) special event permits, which may
be issued to a for-profit business who holds a valid caterer license, as
defined in Section
61-6-4800
, a food service establishment who holds a valid
business liquor-by-the-drink-license, as defined in Section
61-6-1610
, and
provides food and beverage service at the fair or special function, or a
nonprofit organization, as defined in Section
61-6-20
, which authorizes the
licensee to sell alcoholic liquors for on-premises consumption for a period not
to exceed twenty-four hours at a single event only at the fair or special
function for which the alcoholic liquors special event license has been
granted; and

(
2) the permit holder may sell tickets
for the event. Notwithstanding another provision of this article, the issuance
of this permit authorizes the permit holder to purchase alcoholic liquors from
licensed retail dealers in the same manner that a person with a biennial
license issued pursuant to Subarticle 1, Article 5 of this chapter purchases
its alcoholic liquors. The department shall charge a nonrefundable filing fee
of thirty-five dollars for processing each event on the application. The
temporary license application must include a statement by the applicant as to
the nature and date of the special function at which the alcoholic liquors are
to be sold. The department in its discretion may specify the terms and
conditions of the license, pursuant to existing statutes and regulations
governing these applications. The department may issue permits running for a
period not exceeding fifteen days for a nonrefundable fee of fifty dollars per
day.

(
B) The department shall require the
applicant to:

(
1) obtain a criminal records check
conducted by the State Law Enforcement Division within ninety days prior to an
application. The department shall deny the application if the criminal records
check is not submitted with the application and filing fee or if it was
obtained more than ninety days before; and

(
2) complete the law enforcement
notification provision contained in an application form and submit it with the
application. The law enforcement notification provision shall be prepared by
the department for inclusion in the application and, at a minimum, must contain
sufficient information to inform the department that either the chief of
police, if the event is located within the city limits, or the county sheriff
has been notified of the temporary permit application and given an opportunity
to object.

(
C) The department may issue up to
twenty-five temporary permits to sell alcoholic liquors on one application for
special functions in a twelve-month period for the same applicant. This does
not prohibit the applicant from applying for additional special permits within
the same twelve-month period.

(
D) The applicant shall notify the
State Law Enforcement Division that alcoholic liquors will be served at the
site at least twenty-four hours before the fair or special function.

S
ection
61-6-4830
. The holder of a valid caterer license, as defined in Section
61-6-4800
,
or a valid business liquor-by-the-drink license, as defined in Section
61-6-1610
, may contract with an event host to provide for the sale and
on-premises consumption of beer, wine, and liquor at their licensed premises.
Event hosts may charge an entry fee to the event to raise money for charitable
purposes and cover the costs of food, beverages, entertainment, and other
services provided by the license holder. The event host is not required to
obtain a special temporary event permit, as defined by Sections
61-4-550
and
61-6-4820
.

S
ECTION 2.
S
ection
61-4-160
of the S.C.
Code is amended to read:

S
ection
61-4-160
.
N
o person who holds a biennial permit to
sell beer or wine for on-premises consumption may advertise, sell, or dispense
these beverages for free, at a price less than one-half of the price regularly
charged, or on a two or more for the price of one basis. Beer or wine may be
sold at a price less than the price regularly charged from four o'clock p.m.
until eight o'clock p.m. only. The prohibition against dispensing the beverages
for free does not apply to dispensing to a customer on an individual basis, to a
fraternal organization in the course of its fund-raising activities, to a
person attending a private function on premises for which a biennial permit has
been issued, or to a customer attending a function sponsored by the person who
holds a biennial permit. However, no more than
two
twelve
functions may be sponsored each year, and must be
authorized by the department. A person who violates this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than one hundred
dollars or imprisoned not less than three months, in the discretion of the
court.

A

person found guilty of a violation of Section
61-6-4550
and this section may
not be sentenced under both sections for the same offense.

S
ECTION 3. Section
61-6-2000
of the S.C. Code is repealed.

S
ECTION
4. This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on February 26, 2026 at 11:20 AM