1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3901 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. J.E. Smith 10 Document Path: l:\council\bills\nbd\11164vr13.docx 11 12 Introduced in the House on April 9, 2013 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Recycling of beer and wine beverage containers 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 4/9/2013 House Introduced and read first time ( House Journalpage 49) 22 4/9/2013 House Referred to Committee on Judiciary ( House Journalpage 49) 23 24 25 VERSIONS OF THIS BILL 26 27 4/9/2013 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 61285 SO AS TO PROVIDE 13 THAT A HOLDER OF A PERMIT THAT ALLOWS 14 ONPREMISES CONSUMPTION OF BEER, WINE, OR 15 ALCOHOLIC LIQUORS SHALL RECYCLE EACH 16 RECYCLABLE BEVERAGE CONTAINER SOLD ON THE 17 PREMISES IN ACCORDANCE WITH A MODEL RECYCLING 18 PROGRAM DEVELOPED BY THE DEPARTMENT OF 19 HEALTH AND ENVIRONMENTAL CONTROL; AND TO 20 AMEND SECTION 61290, RELATING TO APPLICATIONS 21 FOR LICENSES AND PERMITS FROM THE DEPARTMENT 22 OF REVENUE, SO AS TO REQUIRE AN APPLICANT FOR A 23 PERMIT FOR ONSITE CONSUMPTION OF ALCOHOL TO 24 PROVIDE CERTIFICATION OF THE EXISTENCE OF A 25 RECYCLING PLAN OR A BASIS FOR EXEMPTION FROM 26 THE REQUIREMENT. 27 28 Be it enacted by the General Assembly of the State of South 29 Carolina: 30 31 SECTION 1. Chapter 2, Title 61 of the 1976 Code is amended by 32 adding: 33 34 “Section 61285. (A) For purposes of this section: 35 (1) ‘Financially feasible recycling program’ means a 36 recycling program pursuant to this section that does not increase a 37 permit holder’s total annual cost for managing its solid waste by 38 any amount whatsoever over the permit holder’s total annual costs 39 without such a recycling program. 40 (2) ‘Permit holder’ means a holder of a permit or license 41 issued by the Department of Revenue that authorizes onpremises 42 consumption of beer, wine, or alcoholic liquor by the drink.

[3901] 2 1 (3) ‘Financially feasible means of glass collection’ means 2 the existence of a commercial or governmental financially feasible 3 recycling program that allows a permit holder to contract for on- 4 site pickup of glass or provides a glass container recycling dropoff 5 location that is easily available to a permit holder. 6 (4) ‘Recycling plan’ means a permit holder’s plan for 7 recycling that addresses the separation, storage, collection, and 8 recycling of recyclable beverage containers, and their packaging, 9 for alcoholic beverages sold on the premises by the permit holder 10 including, but not limited to, aluminum, plastic, and glass 11 containers, and cardboard used to package, ship, or deliver the 12 beverage containers. 13 (B)(1) The Department of Health and Environmental Control 14 shall develop and publish information on its website to assist 15 permit applicants and permit holders in evaluating recycling 16 options and preparing recycling plans. Information must include: 17 (a) identification of the recyclable materials that may be 18 recycled including, but not limited to, glass bottles, plastic bottles, 19 aluminum cans, and packing materials; 20 (b) information on locating a recycling service including, 21 but not limited to, existing solid waste haulers, local government 22 solid waste departments, and commercial recyclers; 23 (c) information on the logistics of collecting and 24 disposing of recyclable materials including, but not limited to, 25 external storage, internal storage, and selfhauling to dropoff 26 centers; 27 (d) information on the sources and kinds of recycling 28 storage units; 29 (e) information on types of employee education programs, 30 such as basic training on recycling; 31 (f) information on strategies that permit holders may use 32 to reduce or control costs; and 33 (g) a model recycling plan to provide guidance to permit 34 holders. 35 (2) A permit holder may request assistance from state or 36 local environmental organizations in evaluating recycling options 37 or preparing a recycling plan. 38 (C) A permit holder shall certify, as part of the permitting 39 process with the Department of Revenue, that a sitespecific 40 recycling plan for the collection and recycling of recyclable 41 beverage containers, including their packaging, for alcoholic 42 beverages sold on the premises by the permit holder, has been 43 prepared or that the permit holder is exempt pursuant to subsection

[3901] 3 1 (D). Documentation must be made available upon request by the 2 Department of Revenue. Each sitespecific recycling plan must use 3 as guidance the model recycling plan developed by the Department 4 of Health and Environmental Control pursuant to subsection (B). 5 (D) A permit holder is exempt from the requirement to: 6 (1) recycle glass containers if a financially feasible recycling 7 program for glass containers is not available to the permit holder; 8 and 9 (2) prepare or implement a sitespecific recycling plan if a 10 financially feasible recycling program is not available to the permit 11 holder, and the permit holder has documentation to support the 12 exemption. 13 The documentation may be in the form of a price quote for a 14 recycling program. 15 (E) For purposes of this section, communications and 16 documents that are required to be transmitted in writing also may 17 be transmitted by electronic transmission, if both the sender and 18 receiver agree to electronic transmission. 19 (F) Failure of a permit holder to comply with the provisions of 20 this section is not grounds for denial, revocation, or nonrenewal of 21 a permit authorized pursuant to Title 61. 22 (G) No fees or fines may be assessed against permit holders to 23 enforce this section.” 24 25 SECTION 2. Section 61290 of the 1976 Code is amended to read: 26 27 “Section 61290. (A) A person desiring a license or permit 28 under this title must shall file with the department an application in 29 writing on forms provided by the department containing a 30 statement under oath setting forth: 31 (1) the name, address, date of birth, race, and nationality of 32 the person applying for the license or permit; 33 (2) the exact location where the business is proposed to be 34 operated; 35 (3) a description of the type of business to be operated; 36 (4) whether the applicant or an owner of the business has 37 been involved in the sale of alcoholic liquors, beer, or wine in this 38 or another state, and whether he the applicant or owner has had a 39 license or permit suspended or revoked; 40 (5) whether the applicant has been a legal resident of this 41 State for at least thirty days before the date of application and has 42 maintained his principal place of abode in the State for at least 43 thirty days before the date of application; and

[3901] 4 1 (6) other information required by the department to 2 determine if the application meets all statutory requirements for 3 the license or permit and to determine the true owners of the 4 business seeking the license or permit. 5 (B) A person applying for or renewing a permit or license to 6 allow onpremises consumption of beer, wine, or alcoholic liquor 7 by the drink shall include in the application or renewal a written 8 certification, pursuant to Section 61285, that there is a sitespecific 9 recycling plan for the location listed on the permit application or 10 renewal or that the applicant is exempt from the requirement to 11 have such a plan pursuant to Section 61285 (D).” 12 13 SECTION 3. This act takes effect one year after approval by the 14 Governor, except that the provisions of SECTION 1 directing the 15 Department of Health and Environmental Control to prepare and 16 publish information on its website about recycling options, 17 including a model recycling plan, takes effect upon approval by 18 the Governor. 19 XX 20

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