A conviction, a plea of guilty, a forfeiture of bond, or a plea of nolo contendere, under the provisions of this article except § 61-6-4720, automatically revokes a beer, wine, or liquor license which this State has issued to the party convicted, pleading guilty, forfeiting bond, or pleading nolo contendere; however, as an alternative to the revocation of a beer, wine, or liquor license, the department may in its discretion impose a monetary penalty in lieu of the revocation.

For a first offense, the license must either be revoked for one year, or the licensee must pay a penalty of two hundred fifty dollars to the department. For a subsequent offense, the offender’s license or licenses must be revoked for a period of two years, or the licensee must pay a penalty of five hundred dollars to the department. If the department exercises its right to impose the monetary penalty provided in this section in lieu of a revocation of a license and if the penalty is not paid within ten days of demand by the department, the license or licenses must be automatically revoked.

Terms Used In South Carolina Code 61-6-4260

  • Conviction: A judgement of guilt against a criminal defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

A person convicted, pleading guilty, forfeiting bond, or pleading nolo contendere who does not possess a license to sell beer, wine, or liquors, for a first offense, is not eligible for the issuance of a license for a period of one year. For a subsequent offense, he is not eligible for the issuance of a license for a period of two years.

Penalties provided for in this section are in addition to any fines and penalties imposed upon the licensees by any court of competent jurisdiction for violation of the laws of this State.

Penalties provided for in this section must be paid to the State Treasurer for credit to the general fund of the State for public school use.

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