Notwithstanding the provisions of this subarticle or any other provision of law, an establishment licensed pursuant to Article 5 of this chapter is authorized to conduct samplings of wines in excess of sixteen percent alcohol, cordials, and distilled spirits, if the sampling is conducted as follows:
(1) the establishment must have a permanent seating capacity of fifty or more persons;
(2) samples may not be offered from more than four products at any one time;
(3) the sampling must be held in the bar area of a licensed establishment and all open bottles must be visible at all times. All open bottles must be removed at the conclusion of the tasting;
(4) samples must be less than one-half ounce for each product sampled;
(5) a person may not be served more than one sample of each product;
(6) sampling may not be offered for more than four hours;
(7) at least five days before the sampling, a letter detailing the specific date and hours of the sampling must be mailed first class to the South Carolina Law Enforcement Division;
(8) a sample may not be offered to, or allowed to be consumed by, an intoxicated person or a person under the age of twenty-one years;
(9) a licensed establishment may not offer more than one sampling each day; and
(10) the sampling must be conducted by the manufacturer or wholesaler or an agent of the manufacturer or wholesaler.
HISTORY: 2003 Act No. 70, Section 1; 2005 Act No. 139, Section 15.