(A) If a person is charged with a violation of the unlawful sale of alcoholic liquors to minors pursuant to § 61-6-4080, the minor also must be charged with a violation of the unlawful purchase or possession of alcoholic liquors pursuant to § 63-19-2450. In addition, if the minor provided false information as to his age pursuant to § 63-19-2450(A) or if an adult violated the provisions of § 61-6-4075 regarding purchasing alcoholic liquors for a person who cannot lawfully buy them, these persons also must be charged with their violations.

(B) A person may not be charged with a violation of § 61-6-4080 if the provisions of subsection (A) are not met.

Terms Used In South Carolina Code 61-6-4085

  • Person: includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group. See South Carolina Code 61-2-100

(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.

(D) Notwithstanding the provisions of subsections (A) and (B), a person under the age of twenty-one may be recruited and authorized by a law enforcement agency to test an establishment’s compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person’s parental consent. If the requirements of this subsection are met, a person may be charged with a violation of § 61-6-4080 without the requirement that the minor also be charged.