Retail Alcoholic Beverage Caterer License

2025-2026 Bill 1001: Retail Alcoholic Beverage Caterer License - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
S. 1001
STATUS INFORMATION
General Bill
Sponsors: Senators Hembree, Rankin, Tedder and Kimbrell
Document Path: SJ-0022MB26.docx
Introduced in the Senate on March 10, 2026
Introduced in the House on May 7, 2026
Last Amended on May 5, 2026

Currently residing in the House Committee on
Judiciary
Summary: Retail Alcoholic Beverage Caterer License
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

3/10/2026

Senate

Introduced and read first time (
Senate Journal-page 10
)

3/10/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 10
)

3/12/2026

Scrivener's error corrected

4/29/2026

Senate

Committee report: Favorable with amendment
Judiciary
(
Senate Journal-page 11
)

5/5/2026

Senate

Committee Amendment Adopted (
Senate Journal-page 27
)

5/5/2026

Senate

Read second time (
Senate Journal-page 27
)

5/5/2026

Senate

Roll call Ayes-31 Nays-11 (
Senate Journal-page 27
)

5/6/2026

Senate

Read third time and sent to House (
Senate Journal-page 74
)

5/7/2026

House

Introduced and read first time (
House Journal-page 66
)

5/7/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 66
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/10/2026
03/12/2026
04/29/2026
05/05/2026

Indicates Matter Stricken

Indicates New Matter

Committee Amendment Adopted

May 5, 2026

S. 1001

Introduced
by Senators Hembree, Rankin, Tedder and Kimbrell

S. Printed 5/5/26--S.

Read the firs
t time March
10, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
61-2-400
SO AS TO DEFINE "ALCOHOLIC BEVERAGES", "ALCOHOLIC LIQUORS BY THE
DRINK", "CATERER", "PRIVATE EVENT", AND "COMMERCIAL KITCHEN"; BY ADDING SECTION
61-2-410
SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ISSUE A RETAIL
ALCOHOLIC BEVERAGE CATERER LICENSE AND PROVIDE FOR THE LICENSING RQUIREMENTS;
AND WHICH LICENSE WOULD ALLOW THE LICENSEE TO SERVE ALCOHOLIC BEVERAGES FOR
ON-PREMISES CONSUMPTION, PURCHASE BEER AND WINE DIRECTLY FROM A WHOLESALER, AND
PURCHASE ALCOHOLIC LIQUOR DIRECTLY FROM A LIQUOR STORE; AND WHICH LICENSE WOULD
ALLOW THE TRANSFER OF THE ALCOHOLIC BEVERAGES FROM THE WHOLESALER TO THE
CATERER AND FROM THE CATERER TO THE LOCATION OF THE PRIVATE EVENT, AND WOULD
ALLOW A WHOLESALE AND RETAIL LIQUOR STORE WITH A WHOLESALER'S PERMIT TO TAKE
LIQUOR AND OFFER A REFUND OR CREDIT; AND TO PROVIDE FOR OTHER REQUIREMENTS; BY
ADDING SECTION
61-2-420
SO AS TO ALLOW THE HOLDER OF A VALID RETAIL ALCOHOLIC
BEVERAGE CATERER LICENSE OR BUSINESS LIQUOR-BY-THE-DRINK LICENSE TO CONTRACT
WITH AN EVENT HOST TO PROVIDE FOR ON-PREMISES CONSUMPTION, AND THE EVENT HOST
IS ALLOWED TO CHARGE AN ENTRY FEE TO COVER THE COSTS OF THE EVENT; BY AMENDING
SECTION
61-4-160
, RELATING TO DISCOUNT PRICING FOR ON-PREMISES CONSUMPTION, SO
AS TO ALLOW A BIENNIAL PERMIT HOLDER FOR THE SALE OF BEER OR WINE FOR
ON-PREMISES CONSUMPTION TO SPONSOR TWELVE FUNCTIONS PER YEAR WHERE BEVERAGES
ARE FREE DURING A FUND-RAISING ACTIVITY, PRIVATE FUNCTION ON PREMISES FOR WHICH
A BIENNIAL PERMIT HAS BEEN ISSUED, OR TO A CUSTOMER ATTENDING A FUNCTION
SPONSORED BY A PERSON WHO HOLDS A BIENNIAL PERMIT; BY AMENDING SECTION
61-6-2000
, RELATING TO TEMPORARY PERMITS FOR NONPROFIT ORGANIZATIONS; CRIMINAL
BACKGROUND CHECKS, SO AS TO ALLOW ALCOHOLIC LIQUOR TEMPORARY PERMITS FOR
SPECIAL EVENTS TO BE ISSUED TO A CATERER WITH A VALID CATERER LICENSE, A FOOD
ESTABLISHMENT SERVICE, OR A NONPROFIT, AND THE PERMIT HOLDER MAY SELL TICKETS
TO THE EVENT; AND TO ESTABLISH THAT THE DEPARTMENT SHALL REQUIRE THE APPLICANT
TO COMPLETE THE NOTIFICATION PROVISION IN THE APPLICATION FORM, AND TO INCLUDE
THAT THE APPLICANT SHALL NOTIFY THE DIVISION THAT ALCOHOLIC LIQUORS WILL BE
SERVED AT LEAST TWENTY-FOUR HOURS PRIOR TO THE SPECIAL EVENT; AND BY AMENDING
SECTION
61-4-550
, RELATING TO SPECIAL PERMITS FOR USE AT FAIRS AND SPECIAL
FUNCTIONS, SO AS TO MAKE CONFORMING CHANGES.

Amend Title To Conform

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

S
ECTION 1.
C
hapter 2, Title 61 of the S.C. Code is amended by
adding:

S
ection
61-2-400
.
F
or the purpose of this section,

(
1)
"Alcoholic beverages" and "alcoholic liquors by the drink" have the same
meaning as defined in Chapter 4, Title 61, and Chapter 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, to include bartending services, at a private event for a
predetermined fee. Such caterer must be a bona fide caterer 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 shall
consist of the physical space 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-for purpose. A caterer may not
utilize a license granted under this section 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 section, 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 South Carolina Code of Regulations,
Section 61-25.8-301 and the regulations thereunder;

(
ii)
from which dine-in, takeout, and/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 the kitchen operates.

(
b)
The definition does not include any 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 axel-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)
a kitchen shared with other persons or business entities.

S
ECTION 2.
C
hapter 2, Title 61 of the S.C. Code is amended by
adding:

S
ection
61-2-410
.
(
A) The department is
authorized to issue a retail alcoholic beverage caterer license subject to the
licensing requirements of Chapters 4 and 6 of Title 61.

(
B)
Notwithstanding any other provision of law, the retail alcoholic beverage
caterer license shall allow 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 bottles;

(
4)
transfer alcoholic beverages from a wholesaler or a 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)
take delivery of and 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)
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 holds 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 for unused, unopened, and undamaged alcoholic beverages
to a holder of a retail 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 a caterer holding a retail alcoholic beverage caterer license 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 a caterer holding a retail 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 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 a.m. to eleven fifty-nine p.m. on Sundays. A violation
of this subsection is a violation against the establishment's license.

(
F)
Notwithstanding any other provision of law, any licensee, employee, or agent of
a caterer holding a retail 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 after 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 retail 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 the 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 the department 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 a retail 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 retail 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 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 a retail 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 not less than
three years after the date the return is filed, in accordance with Section
12-54-240
; and

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

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

(
3)
For purposes of this subsection, a "drink" means one serving for on-premise
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.

(
M)
Nothing in this section authorizes the holder of a retail 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 Title 61, Chapter 4. Violations of the requirements of
Title 61, Chapters 3, 4, and 6 are a violation of this section, but are subject
to the respective penalties of those chapters.

S
ECTION 3.
C
hapter 2, Title 61 of the S.C. Code is amended by
adding:

S
ection
61-2-420
. The holder of a valid retail alcoholic beverage caterer license, as
provided in Section
61-2-410
, 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. An event host may charge an entry fee to the event to raise
money for charitable purposes and to 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
61-6-2000
.

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

S
ection
61-4-160
.
(
A)
No 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.

(
B)
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 5.
S
ection
61-6-2000
of the S.C. Code is amended to read:

S
ection
61-6-2000
.
(
A) In addition to the
licenses authorized pursuant to the provisions of subarticle 1 of this article,
the department
also may issue a temporary license to a
nonprofit organization, as defined in Section
61-6-20
, which authorizes that
nonprofit organization to purchase and to sell alcoholic liquors by the drink
for a period not to exceed twenty-four hours at a single social occasion. The
nonprofit organization may sell tickets for the social occasion to nonmembers.
Notwithstanding another provision of this article, the issuance of this license
authorizes the nonprofit organization to purchase alcoholic liquors from
licensed retail dealers in the same manner that a person with a biennial
license issued pursuant to subarticle 1 of this article 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.
is authorized to issue the temporary
special events alcoholic liquors permits subject to the restrictions of this
section:

(
1) Special event permits may be
issued to:

(
a) a caterer in a for-profit
business, as defined Section
61-2-400
(2), who holds a valid caterer license;

(
b) a food establishment service, as
defined in Section
61-6-1610
, that provides food and beverage service at the
fair or special function; or

(
c) a non-profit organization, as
defined in Section
61-6-20
.

(
2) The permit 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 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 of this
article purchases his alcoholic liquors.

(
3) 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 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)
the
applicant to obtain
obtain
a criminal
background check conducted by the
State Law Enforcement
Division
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.

(
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 city limits, or the county sheriff has
been notified of the temporary permit application and given an opportunity to
object.

(
C) The department shall require the
applicant to complete the law enforcement notification 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
license application and given an opportunity to object.

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

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

S
ECTION 6.
S
ection
61-4-550
of the S.C. Code is amended to read:

S
ection
61-4-550
.
(
A) The department may
issue permits running for a period not exceeding fifteen days for a fee of ten
dollars per day. These special permits may be issued only for locations at
fairs and special functions.

(
B)
The department shall require the applicant to obtain a criminal records check
conducted by the
State Law Enforcement Division
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.

(
C)
The department shall require the applicant to 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.

(
D)
The department may issue up to twenty-five temporary permits to sell beer and
wine on one application for special functions in a twelve-month period to the
same applicant, if that applicant is also applying for up to twenty-five
temporary licenses to sell alcoholic liquors by the drink, pursuant to Section
61-6-2000
(D)
(C)
. This
does not prohibit the applicant from applying for additional special permits
within the same twelve-month period.

(
E)
Beginning January 1, 2021, at
At

least twenty-four hours before the fair or special function, the applicant
shall notify the
State Law Enforcement Division
division
and all local law enforcement that have
jurisdiction over the fair or special function site that alcohol will be served
at the site.

S
ECTION 7.
S
ection
61-2-185
(A)(1) of the S.C. Code is amended to
read:

(
1) The organization must be a
nonprofit organization registered and in good standing with the South Carolina
Secretary of State as a
domestic
nonprofit
organization.

S
ECTION 8. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on May 5, 2026 at 5:54 PM