Welcome to the New SCDOR Website

It’s still us—just with a fresh new look! The SCDOR launched our redesigned website this week, and we hope you’ll take a look around. Take a virtual tour or read some quick tips!

Staying compliant

Avoid a suspended or ​revoked license (S​​C Code Section 61-4-590​​)

The SCDOR has sole and exclusive power t​o suspend and revoke a manufacturer's, wholesaler's, or retailer's license. Read the regulations below to avoid a license suspension or revocation:​​​

Cash sales (S​​C Code Section 61-4-30)
Beer or wine sold by wholesalers to retailers located in South Carolina, must be sold for cash only at the time of delivery or prior to delivery. For purposes of this section, "cash" means money or a bona fide check, money order, or electronic transfer of funds if the transfer of funds is initiated by a non-refundable payment order on or before delivery of the beer or wine. The electronic transfer must be initiated by the wholesaler no later than one business day after delivery. 

A retailer is in violation of the provisions of this section if they issue a check or an irrevocable payment order with insufficient funds to cover the check. 

Cash payment applies to cash deposits on empties when beer is delivered in returnable containers. Deposits on bottles or draft beer containers must not be less than the charge from the brewery to the wholesaler.

Prohibited credit sales (S​​C Code Section 61-4-40​)
Retailers permitted to sell beer or wine, may not purchase alcohol on credit by a dishonored check, an unpaid note or invoice, or other insufficient manner from a permitted beer and wine wholesaler. However, no action may be taken against the retailer for a first violation of this section. If a retailer commits a second or subsequent violation, his permit may be suspended, canceled, or revoked by the SCDOR, or fined up to $25 dollars.​

Transfers of beer or wine (retailers) (S​​C Code Section 61-4-200)
Notwithstanding any other provision of law, a permitted retailer who sells beer and wine may transfer beer and wine to other retail businesses. In order for this transfer to be lawful the following requirements must be met:

  • All businesses involved in the transfer must hold a retail beer and wine permit issued to the same individual, partnership, or corporation.
  • A particular brand of beer may be transferred only between retail stores located within the territorial restrictions described in the distribution agreement between the brewery and the wholesaler on file with the SCDOR pursuant to Section SC Code Section 61-4-1300

​Unlawful transfers of beer and wine between permitted retail locations are defined as the purchase or sale of beer or wine by a retailer from another retailer for the purpose of resale

A person ​who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined up to $200 dollars.​ For purposes of this section, "person" means an individual, partnership, corporation, or other form of business organization. 

Transfer of beer (breweries)

  • Licensed breweries with 100% identical ownership can lawfully transfer beer between themselves. The annual transferred volume of beer cannot exceed the amount of beer annually produced by the receiving brewery.
     
  • Breweries may sell up to 864 fluid ounces of beer per day to customers for off-premises consumption. The sales must be in conjunction with a tour of the brewery. If selling the beer in kegs up to 6.75 gallons, you must follow all keg tag requirements, including completing the ABL-907 and ABL-908.

    For more information, see the Craft Beer Economic Development Act >

Coupons and rebates for the purchase of beer (S​​C Code Section 61-4-945) and wine (S​​C Code Section 61-4-736)

Coupons and rebates include, but are not limited to:

  • retailer paper instant redeemable coupons (IRC)
  • manufacturer paper instant redeemable coupons (IRC)
  • ​mail-in rebates
  • other paper coupons
  • scanback coupons
  • other electronic coupons
See more about paper IRCs and scanback coupons

A paper IRC is a type of coupon where a specified amount of money is deducted from the normal price of wine or beer purchased at retail by a consumer at the time of purchase. With a manufacturer paper IRC, the manufacturer reimburses the retailer at a later time for the discount provided to the consumer at the time of purchase. With a retailer paper IRC, the retailer does not get reimbursed for the discount as it is the retailer that is offering the discount. MANUFACTURER PAPER IRCs ARE NOT PERMISSIBLE IN SOUTH CAROLINA.

A scanback coupon is a type of electronic coupon where a specified amount of money is deducted from the normal price of wine or beer purchased at retail by a consumer at the time of purchase and the manufacturer reimburses the retailer in a similar manner as manufacturer paper IRCs. Scanback coupons DO NOT include electronic coupons where the discount is not applied at the time of purchase but instead the manufacturer reimburses the consumer directly at some other time.

Legal and prohibited business practices:​

  • ​​​​TIER ONE - Manufacturer of wine or beer: vintner, winery, brewery, importer of wine or beer
    • ​Tier One businesses may offer or sponsor coupons or rebates for consumers for the purchase of wine or beer, but Tier One businesses may NOT offer or participate (procurement, redemption, or other costs) in any of the following:
      • ​paper instant redeemable coupons (manufacturer or retailer)
      • paper scanback coupons
    • Tier One coupons and rebates (not otherwise prohibited under S​​C Code Sections 61-4-736 and 61-4-945 ​or noted above) must be made available to Tier Three businesses upon request.
  • TIER TWO - Wholesaler
    • ​Tier Two businesses may NOT offer or sponsor coupons and rebates to consumers for the purchase of wine or beer.
    • Tier Two businesses may NOT participate (including procurement, redemption, or other costs) in coupons or rebates for wine or beer that are offered or sponsored by Tier One or Tier Three businesses.
    • Tier Two businesses may NOT offer or participate (procurement, redemption or other costs) in ANY coupon or rebate for wine or beer.
    • However, a Tier Two business may receive qualifying coupons from a Tier One business for placement in Tier Three businesses, provided the coupons are incorporated into or a part of in-store promotional advertising (e.g., signage, displays) for the product and all such in-store promotional advertising and coupons are available to all Tier Three businesses upon request.
  • TIER THREE - Retailer
    • Tier Three businesses may offer or sponsor coupons or rebates of any kind for consumers for the purchase of wine or beer.
    • Tier Three businesses may request and must receive coupons and rebates of a Tier One business.​
See frequently asked questions for coupons & rebates​

1. May a manufacturer of wine or beer offer, sponsor or participate in coupons and rebates for consumers for the purchase of wine or beer?
Yes. Manufacturers of wine or beer may offer, sponsor, or participate in coupons or rebates for consumers for the purchase of wine or beer; however, manufacturers may not offer, sponsor, or participate (procurement, redemption, or other costs) in any paper instant redeemable coupons or paper scanback coupons.

2. What are some examples of coupons and rebates a manufacturer of wine or beer may offer or participate (procurement, redemption, or other costs) in, and what are some examples of coupons and rebates a manufacturer of wine or beer may not offer or participate (procurement, redemption, or other costs) in?
Permissible Coupons and Rebates for Manufacturers:
Manufacturers of wine or beer may offer, sponsor, or participate in the following types of coupons or rebates for consumers for the purchase of wine or beer: 

  • mail-in rebates
  • in-pack paper coupons contained in the packaging of wine or beer that can only be obtained once the package is opened after purchase and that are redeemable with purchase of a product not containing alcohol
  • electronic coupons

Prohibited Coupons and Rebates for Manufacturers:
Manufacturers of wine or beer may not offer, sponsor, or participate in the following types of coupons or rebates for consumers for the purchase of wine or beer:

  • ​paper scanback coupons
  • paper IRCs

3. May a manufacturer of wine or beer offer or participate in a coupon or rebate that allows a discount on the purchase of another type of product, such as barbecue sauce?
Manufacturers may offer or participate in a coupon or rebate that allows a discount on the purchase of another type of product, such as barbecue sauce, if the discount is available through one of the following types of coupons or rebates:

  • mail-in rebate for the other product
  • in-pack paper coupons (coupons that can only be obtained once the beer or wine package is opened after purchase) that are redeemable with a later purchase of the other product
  • any other type of coupon or rebate for another product that is only redeemable with a later purchase of the other product and not redeemable as part of, or in conjunction with, a sale of wine or beer
  • any electronic coupon for the other product

However, manufacturers may NOT offer or participate in a coupon or rebate that allows a discount on the purchase of another type of product, such as barbecue sauce, if the coupon or rebate requires that both products (e.g., the beer and the barbeque sauce) be purchased at the same time and the discount is instantly redeemable at the time of purchase. Since both products are essentially being purchased together as a package for purposes of receiving the discount, the instantly redeemable discount would apply, in part, to the beer or wine which would violate the provisions of S​​C Code Sections 61-4-736 and 61-4-945​.

4. May a wholesaler of wine or beer offer, sponsor, or participate in coupons or rebates for consumers for the purchase of wine or beer?
No. However, a wholesaler may receive qualifying coupons from a manufacturer for placement in retail locations, provided the coupons are incorporated into or a part of in-store promotional advertising (e.g., signage, displays) for the product and all such in-store promotional advertising and coupons are available to all retailers upon request.

5. May a retailer of wine or beer offer, sponsor, or participate in coupons or rebates for consumers for the purchase of wine or beer?
Yes. However, a manufacturer may not provide a retailer paper scanback coupons or paper instant redeemable coupons for consumers of wine or beer. (See Question #2 above.)

6. May a manufacturer of wine or beer provide coupons or rebates to a retailer for consumers of wine or beer?
Yes, with the exception of paper scanback coupons or paper instant redeemable coupons for consumers of wine or beer. (See Question #2 above.)

 

Beer manufacturers, wholesalers​, and retailers

Practices between beer manufacturers, wholesalers, and retailers ​(S​​C Code Section 61-4-940)
(A) Manufacturers or brewers of beer, ale, porter, or other malt beverages, or a person who imports these products produced outside the United States, must not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a wholesale permit issued under S​​C Code Section 61-4-500, and a holder of a wholesale permit must not sell, barter, exchange, transfer, or deliver for resale beer to a person not having a retail or wholesale permit.

(B) Except as provided in subsection (C), a manufacturer, brewer, importer, or wholesaler of beer, or a person acting on their behalf, must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free beer, or service. The holder of a retail permit, or a person acting on their behalf, must not accept, directly or indirectly, any equipment, fixtures, free beer, or service referred to in this subsection from a manufacturer, brewer, importer, or wholesaler of beer, except as provided in subsection (C). With the consent of a holder of a retail permit, the wholesaler may store for a temporary period at the permit holder's licensed location equipment primarily utilized by the wholesaler in delivery and stocking of beer including, but not limited to, pallets, carts, and hand trucks.

(C) A wholesaler may furnish at no charge to the holder of a retail permit draft beer equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, party wagons for temporary use, and point of sale advertising specialties. A wholesaler may furnish at no charge to the holder of a retail permit product displays pursuant to the provisions of 27 C.F.R., Section 6.83, excluding electronic refrigeration equipment. A wholesaler also may furnish the following services to a retailer: cleaning draught lines, setting boxes, rotating stock, affixing price tags to beer products, and building beer displays.

(D) A manufacturer, brewer, and importer of beer are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. A person or an entity in the beer business on one tier, or a person acting directly or indirectly on their behalf, may not have ownership or financial interest in the beer business operation on another tier. This limitation does not apply to the interest held on July 1, 1980, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business. Notwithstanding this prohibition, a manufacturer or importer of beer may own in whole or in part a business that holds an on-premises retail beer and wine permit provided that:

  • All beverages to be handled or sold by the retail dealer must be purchased from licensed wholesalers and purchased on the same terms and conditions as do other retail dealers.
  • Sales of any product produced or distributed by the manufacturer or importer must not exceed ten percent of the annual gross sales of beer or wine by the retail permit holder.

(E) A manufacturer, brewer, importer, or wholesaler of beer may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all customers.

(F) No person or entity in the beer business on one tier may require a person or entity in the beer business on another tier to advertise or participate in a discount or special promotion or furnish the items delineated in subsection (C).

Wine manufacturers, wholesalers​, and retailers

Practices between wine manufacturers, wholesalers, and retailers (S​​C Code Section 61-4-735)
(A) Except as provided in Sections 61 4 720 and 61 4 730, a manufacturer of wine, vintner, winery, an entity, or a person who sells these products, or a person or entity who imports these products produced outside the United States must not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a wholesale permit issued under Section 61 4 500, and a holder of a wholesale permit may not sell, barter, exchange, transfer, or deliver for resale wine to a person not having a retail or wholesale permit, unless that person is the American producer or the primary American source of supply of that wine as defined in Section 61 4 340.

(B) Except as provided in subsection (C), a manufacturer of wine, vintner, winery, importer, or wholesaler of wine, or a person acting on his behalf must not furnish, give, rent, lend, or sell, directly or indirectly, to the holder of a retail permit any equipment, fixtures, free wine, or service. The holder of a retail permit or a person acting on his behalf may not accept, directly or indirectly, any equipment, fixtures, free wine, or service referred to in this subsection from a manufacturer of wine, winery, importer, or wholesaler of wine, except as provided in subsection (C).

(C) A wholesaler may furnish at no charge to the holder of a retail permit draft wine equipment replacement parts of nominal value, including washers, gaskets, hoses, hose connectors, clamps, and tap markers, product displays as provided under 27 Code of Federal Regulations, Section 6.83, and point of sale advertising specialties. A wholesaler also may furnish the following services to a retailer: cleaning wine lines, rotating stock, affixing price tags to wine products, building wine displays, setting boxes, conduct not more than two wine tastings in accordance with department rulings or regulations, developing shelf schematics, stocking shelves, providing wine party wagon for temporary use, and assist in wine resets a maximum of three times a year for any store having a retail permit during the hours of 8:00 a.m. to 8:00 p.m. Resets are defined as being a change in the location of the wine department within a store or a rearrangement of the products on shelves within the store's wine department, which involves more than one wholesaler's products. All wholesalers must be notified in writing of any resets being requested by a retail store at least fourteen days prior to the reset.

(D) A producer, winery, vintner, and importer of wine are declared to be in business on one tier, a wholesaler on another tier, and a retailer on another tier. For the purpose of this section, a manufacturer or producer of wine is declared to be a tier one business, a wholesaler or an importer owned solely by a wholesaler is declared to be a tier two business, and a retailer is declared to be a tier three business. Except as provided in Sections 61 4 720 and 61 4 730, a person or entity in the wine business on one tier or a person acting directly or indirectly on his behalf may not have ownership or financial interest in a wine business operation on another tier. This limitation does not apply to the interest held on July 1, 1993, by the holder of a wholesale permit in a business operated by the holder of a retail permit at premises other than where the wholesale business is operated. For purposes of this subsection, ownership or financial interest does not include the ownership of less than one percent of the stock in a corporation with a class of voting shares registered with the Securities and Exchange Commission or other federal agency under Section 12 of the Securities and Exchange Act of 1934, as amended, or a consulting agreement under which the consultant has no control over business decisions and whose compensation is unrelated to the profits of the business. Notwithstanding this prohibition or the prohibition contained in Section 61 4 940(D), a manufacturer or importer of beer or wine may own in whole or in part a business that holds an on premises retail beer and wine permit provided that:

  • All beverages to be handled or sold by the retail dealer must be purchased from licensed wholesalers and purchased on the same terms and conditions as do other retail dealers.
  • Sales of any product produced or distributed by the manufacturer or importer must not exceed ten percent of the annual gross sales of beer or wine by the retail permit holder.

(E) A manufacturer, producer, importer, or wholesaler of wine may discount product price based on quantity purchases if all discounts are on price only, appear on the sales records, and are available to all retail customers.

(F) Nothing in this section affects or prohibits the ownership or the operation of a licensed winery in this State that produces, provides taste samples, sells, delivers, or ships domestic wine as authorized and in accordance with the provisions of Sections 61 4 720 and 61 4 730.

Permit in lieu of certain other permits (S​​C Code Section 61-4-1720)
​The brewpub permit is issued in place of a permit required for the manufacture of beer or sale of beer and wine, including but not limited to, a brewer's and retailer's permit.

​The on-premises sale of liquor by the drink requires an additional license which may be issued to the holder of a brewpub permit who meets all other qualifications for the license under this title. A brewpub that becomes a brewery pursuant to S​​C Code Section 61-4-1515​ must relinquish its brewpub permit in accordance with the requirements of that section.

On-Premises Beer & Wine Permit (PBW) holders may allow customers to BYOB, but must remember that SC Code Section 61-4-140, which prohibits open containers on Sunday at a licensed premise, still applies.

Off-Premises Beer & Wine Permit (PBG) holders are prohibited from allowing customers to BYOB since on-premise consumption is prohibited.

While Title 61 of SC Code of Laws does not prohibit BYOB, local law may say otherwise, and it is up to each permit holder to research the local laws that apply to their business.

See answers to this question for liquor license holders on our Liquor page.

Frequently asked questions

In addition to the FAQs listed below, you can find more license-specific FAQs by visiting our ABL Licenses page​.​

On-Premises Beer & Wine Permit (PBW​)​ locations are prohibited by SC Code Section 61-4-160 to hold tastings unless it is done:

  • ​on an individual basis
  • to a fraternal organization in the course of its fund raising activities
  • to a person attending a private function
  • to a customer attending a function sponsored by the permit holder. No more than two functions are permitted per year and each function must be approved by the SCDOR

Off-Premises Beer & Wine Permit (PBG) locations are prohibited by the restriction on the permit prohibiting on- premises consumption of beer or wine. Notwithstanding, a location holding an off-premises beer and wine permit whose primary product is beer or wine may conduct not more than 24 beer tastings in a calendar quarter. SC Code Section 61-4-960​. To be permissible, the permit holder is required to:​

  • notify SLED at least 10 days in advance
  • conduct the tasting
  • use only the retailer’s product(s)
  • use not more than eight products at a tasting, only two of the eight may contain more than 10% alcohol by weight​
  • provide samples of not more than two ounces for low-alcohol beer; (Not in excess of 5% alcohol by weight)
  • provide samples of not more than one ounce of high-alcohol beer; (more than 5% but less than 14% alcohol by weight)
  • serve more than one sample of each product to any one person
  • not offer to or allow consumption by anyone under 21 years of age, or to an intoxicated person
  • not offer a tasting event lasting more than four hours
  • not offer more than one tasting event per day
  • may not offer more than one sampling per day

Violations will be assessed a fine of $100 for each violation in addition to other applicable fines and penalties. The revenue from the $100 fine must be directed to the SCDOR for supplementing funds required for the SCDOR's activities concerning licensure and regulation of alcohol.​​

Brewery Permit (“PWY”) holders located in South Carolina are authorized to offer samples of beer brewed in this state on its licensed premises, with or without cost, to consumers. SC Code Section 61-4-1​515​.​ To be permissible, the permit holder must:

  • offer the tastings in conjunction with a tour by the consumer of the licensed premises, with or without cost
  • not offer a tasting to or allow consumption by a person under 21 years of age
  • offer no more than 2 ounces per brand of brewed beer containing 5% or less alcohol by weight
  • offer no more than 1 ounce per brand of brewed beer containing greater than 5% alcohol by weight, provided that no more than 2 of the total 8 samples may contain more than 10% alcohol by weight

Off-Premises Beer & Wine Permit locations, whose primary product is beer, wine, and distilled spirits, may conduct not more than 24 wine tastings per quarter (wholesalers may only conduct two of these).

On-Premises Beer & Wine Permit holders are prohibited from holding wine tastings unless it is done:

  • on an individual basis
  • to a fraternal organization in the course of its fund raising activities
  • to a person attending a private function
  • to a customer attending a function sponsored by the permit holder. No more than two functions are permitted per year and must be authorized by the department

Basic Winery Permit (“PWY”) locations that are located in South Carolina are authorized to offer wine tasting samples to prospective customers on its licensed premises, with or without cost, provided the wine contains an alcoholic content of 16.5% or less.

Wine containing 16.5% or less alcohol:

  • Licensed wineries may conduct tastings without limitations.
  • Retail liquor stores may conduct 24 wine tastings per quarter (wholesalers may only conduct two of these).

Wine containing over 16.5% alcohol and alcoholic liquors:

  • See this answer to the Who can hold liquor (and wine containing over 16.5% alcohol) tastings​? question ​on the Liquor page​​.

Individuals and military personnel should email BeerWineClearance@dor.sc.gov​.

An out-of-state wine manufacturer may have up to 24 bottles of wine shipped directly to a consumer (individual) per month, provided certain conditions are met:

  • ​​The manufacturer must obtain an Out-of-State Wine Shipper’s license​.
  • No wine ordered or shipped under these statutory provisions may contain more than sixteen and one-half (16.5%) ​percent of alcohol by volume.​

​​A consumer may also place a special order with an out-of-state wine manufacturer for a wine that is not approved for sale or distribution in South Carolina; and provided that the wine is shipped to an in-state wholesaler

​A consumer cannot ship wine into South Carolina for resale. A consumer can only ship wine for personal use and consumption.

Standard kombucha (commonly known as "fermented tea") is not subject to regulation by the SCDOR.

SC Code Section 61-​4-10​ defines what beverages are regulated as beer and wine as the following:

  1. ​all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight;
  2. all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent;
  3. and ​all wines containing not in excess of twenty-one percent of alcohol by volume. 

Standard kombucha is not subject to regulation under Title 61 Chapter 4 since it is a bacterially fermented tea and not a beer, ale, porter, or “similar malt or fermented beverage.” It is a type of tea with a specific process for fermentation that is different from that of beer and does not feature barley, hops, or malt. Kombucha is uniquely fermented with a bacteria and yeast colony that produces acetic acid and a low alcoholic content most similar to the composition of vinegar. Also, it is not a wine or cider because it is not fermented from fruit or berries. 

The South Carolina Department of Agriculture (SCDA) currently regulates kombucha tea manufactured for wholesale distribution under the authority of the South Carolina Food and Cosmetic Act. As part of its regulation, SCDA ensures that kombucha is properly labeled according to food safety laws and regulations and that it is manufactured and marketed under safe and sanitary conditions through routine inspections. For all kombucha, SCDA requires an initial alcohol analysis as part of the business registration process. 

The SCDOR regulates nonstandard kombucha. The SCDOR determines whether individual brands or products should be regulated by assessing (1) the product’s method/process of production outlined by the manufacturer; (2) the product’s name, TTB classification, and advertised ABV%; (3) the target consumer market for the product; and (4) the nature of the manufacturer’s business, including whether the manufacturer sells other products that require a license or permit from the Department. Standard kombucha is not subject to regulation by the Department.

S.C. Code of Laws Title 61, Chapter 4 – Beer, Ale, Porter, and Wine makes no mention of hard cider but does provide some guidance of what types of beverages are regulated as beer and wine in SC Code Section 61-4-10 as follows:

  • all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight
  • all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent; and
  • all wines containing not in excess of twenty-one percent of alcohol by volume

With the limited guidance provided in Title 61, Chapter 4, the SCDOR looks to the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB) for guidance. The TTB classifies and regulates hard cider as a wine.​ Hard cider and other wines are made from fermented fruit; apples or pears for hard cider, grapes or other fruits for other wines.​ Although similar in alcohol volume to hard cider, beer is distinctly different in that it is made from malt or ingredients other than fruit.

Only beer, wine, or liquor beverage products that have been approved by the Alcohol and Tobacco Tax and Trade Bureau (TTB) and contain 0.3% of delta-9 THC or less on a dry weight basis are permitted.

Beer, wine, or liquor beverage products containing more than 0.3% of delta-9 THC or other CBD and THC substances, that include but are not limited to delta-8 and delta-10, in any amount are prohibited.

S.C. Code of Laws Title 61, Chapter 4 – Beer, Ale, Porter, and Wine makes no mention of mead but does provide some guidance of what types of beverages are regulated as beer and wine in SC Code Section 61-4-10 as follows:

  • all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight
  • all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent
  • all wines containing not in excess of twenty-one percent of alcohol by volume

Subsection 3 above does not provide a definition of wine or state what ingredients make up wine. However, SC Code Section 61-4-120(B) states “…wine is produced using grapes…” and SC Code Section 61-4-730 states “…juice from fruit and berries…” for describing the wine a winery is permitted to produce and sell.

Mead is not made with juice from fruit and berries. It is a fermented beverage made of honey, water, and yeast which falls under “similar malt or fermented beverages.”​

Ready to drink cocktails (RTD) can be classified as beer, wine, or alcohol depending on their ABV:

  • RTD cocktails with beer/malt as an alcohol base and an alcohol content by weight below 14.5% are classified as beer.
  • RTD cocktails with wine as an alcohol base and an alcohol content by volume up to 21% are classified as wine.
  • RTD cocktails with alcoholic liquor as an alcohol base regardless of alcohol content are classified as liquor. ​

​​S.C. Code of Laws Title 61, Chapter 4 – Beer, Ale, Porter, and Wine makes no mention of cocktails but does provide some guidance of what types of beverages are regulated as beer and wine in S.C. Code Ann. §61-4-10 as follows:

  • ​all beers, ales, porters, and other similar malt or fermented beverages containing not in excess of five percent of alcohol by weight
  • all beers, ales, porters, and other similar malt or fermented beverages containing more than five percent but less than fourteen percent of alcohol by weight that are manufactured, distributed, or sold in containers of six and one-half ounces or more or the metric equivalent
  • all wines containing not in excess of twenty-one percent of alcohol by volume

S.C. Code of Laws Title 61, Chapter 6 – Alcoholic Beverage Control Act makes no mention of cocktails but does provide some guidance of what types of beverages are regulated as alcoholic liquors in S.C. Code Ann. §61-6-20 as follows:
"Alcoholic liquors" or "alcoholic beverages" means any spirituous malt, vinous, fermented, brewed (whether lager or rice beer), or other liquors or a compound or mixture of them, including, but not limited to, a powdered or crystalline alcohol, by whatever name called or known, which contains alcohol and is used as a beverage for human consumption.

S.C. law does not recognize RTD cocktails as a cocktail or unique category of alcohol. RTD cocktails are classified by their alcohol base regardless of alcohol content. RTD cocktails with a beer/malt base are beer, those with a wine base are wine, and those with an alcoholic liquor base are liquor.

RTD cocktails with an alcohol base of wine and an alcohol content by volume greater than 16.5% and up to 21% must be sold in licensed retail liquor stores or establishments licensed to sell liquor by the drink per S.C. Code Ann. §61-4-770.

Because South Carolina law does not have a "minimum" alcohol content to be regulated by ABL, most "non-alcoholic" beer and wine (or "near-beer") is regulated by ABL as if it contains alcohol.

"Non-alcoholic" producers must apply for a permit to sell their product to a wholesaler. The "non-alcoholic" producer must follow the same rules and regulations as other alcohol producers.

ABL business operations

Visit our Operating an ABL Business page​ ​to see​ more information on the following topics:

  • liability insurance
  • ​sales on Sunday (authorized counties and ​municipalities)
  • hours of operation
  • required signage
  • alcohol pods
  • legal ages for serving
  • ​brand registration​
  • advertising, packaging, & promotions

Nee​​d more ​help​​​?​

Our FREE ABL Workshops are virtual and cover​ licensing basics, including applications and renewals, special events, and compliance laws.​ ​See class dates ​and register now >​​​

​​Planning to host or sell goods and services at an event or festival?​ Get prepared with our Events & Festivals Guide >

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Mailing address:

South Carolina Department of Revenue | Alcohol Beverage Licensing | PO Box 125 | Columbia, SC 29214-0907