A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 25-1-440, RELATING TO THE POWERS AND DUTIES OF THE GOVERNOR DURING A DECLARED EMERGENCY, SO AS TO PROVIDE THAT THE GOVERNOR, IN AN EMERGENCY PROCLAMATION OR DECLARATION, MAY NOT PROHIBIT THE SALE OF ALCOHOLIC BEVERAGES BEFORE 12:00 A.M. BY HOLDERS OF CERTAIN TYPES OF LICENSES, AND TO PROVIDE THAT AN ALLEGED VIOLATION OF THE TERMS OF A GUBERNATORIAL EMERGENCY PROCLAMATION OR DECLARATION MAY NOT BE USED AS THE BASIS EITHER TO SUSPEND OR REVOKE CERTAIN TYPES OF LICENSES.
Impact
The bill aims to ensure that businesses holding licenses for selling alcoholic beverages can operate without the disruption of earlier shutdown times during emergencies. This change would directly impact the owners and employees of establishments such as bars and restaurants, allowing them to maintain sales up to midnight instead of facing possible earlier shutdowns. The prohibition on using alleged violations of emergency proclamations as grounds for suspending or revoking licenses additionally serves to protect these businesses from potential punitive actions unrelated to their operational compliance.
Summary
House Bill H3450 proposes an amendment to Section 25-1-440 of the South Carolina Code of Laws, which outlines the powers and duties of the governor during a declared emergency. The bill specifically seeks to restrict the governor from prohibiting the sale of alcoholic beverages before 12:00 a.m. by holders of various types of licenses including retail and specialized permits. This change responds to concerns from license holders about previously imposed restrictions that they claim adversely affected their business operations during emergencies.
Contention
The proposed amendment may raise concerns among various stakeholders about public safety and control during emergencies. Critics could argue that the inability to impose temporary sales restrictions on alcoholic beverages could lead to increased consumption-related issues during periods of crisis. Furthermore, there may be discussions regarding the appropriateness of limiting the governor's authority in such significant matters, particularly in light of the potential public health concerns that emerge during emergencies.
Limiting Emergency Powers Act of 2023 This bill provides that a national emergency declared by the President terminates 30 days after a declaration unless a joint resolution affirming such declaration is enacted. All existing emergency declarations expire after two years unless the President requests a renewal that receives congressional approval.