Licenses
Business (Restaurant & Hotel/Motel) Liquor by the Drink
120 Day Temporary
- The existing business must have a biennial license that has not expired, been suspended or revoked. Attach this original license with the completed
ABL-901 application.
- A $25.00 fee is required for each temporary license requested, plus an additional $5.00 certification fee.
- Attach a copy of the receipt from the approved newspaper indicating you have paid for the Notice of Application.
- Attach a copy of the bill of sale, lease, probate document, divorce decree, eviction order, or document showing how the business was acquired.
- Must attach a current Grade A health rating from DHEC.
- Be sure to include the Retail Sales Tax License number on the
ABL-901 application.
Qualifications
- Authorizes the sale and consumption of alcoholic liquors on the licensed premise. These licenses are issued to Restaurants and Hotels/Motels ONLY.
- An applicant must be 21 years of age, be of good moral character, be a legal resident of the United States and if applying as a sole proprietor, must be a legal resident of South Carolina for 30 days prior to submitting an application to this department.
- The applicant must be the owner of the business seeking the license and must not previously have had a license revoked within the past five years.
- All principals, officers, agents, and employees listed on the license must be over the age of 21 and be of good moral character. A current criminal history background check of not more than 90 days old, on each principal, officer, and employee must accompany this application.
- Please check with the city and/or county authorities to ensure you are in compliance with zoning laws and local business license requirements.
- Tax Liabilities: A license cannot be issued if the applicant or any principal has any outstanding tax liabilities with the SCDOR.
- Sign Posting:
- An agent of the SC Law Enforcement Division (SLED) must post and remove a sign at the proposed place of business.
- This sign must remain posted for at least 15 days, and may be removed only by the SLED agent, if the sign disappears before the SLED agent removes it, contact the SCDOR or SLED immediately.
- Licenses will not be issued until the afternoon of the fourth day after the sign is taken down by the agent; unless your published ad provides for a later date.
- Newspaper Advertisements:
- A notice of application must be placed at least once a week for three (3) consecutive weeks in a newspaper approved by the department for your area.
- This notice must:
- Be in the legal notices section of the newspaper or equivalent section if the newspaper has no legal notices section;
- Be in large type, covering a space of on column wide and at least two inches deep; and
- State the type of license applied for and the exact location of the proposed business.
- To complete you application you must submit your Affidavit of Publication and a copy of the ad furnished by the approved newspaper office.
- Please refer to the
ABL-32 for a complete list of approved newspapers.
Requirements
- Authorizes the sale and consumption of alcoholic liquors on the licensed premises. These licenses are issued to Restaurants and Hotels/Motels ONLY.
- Completed application (ABL-901), signed, dated and notarized.
- Submit nonrefundable filing fees: $200.00
LICENSE FEES SHOULD NOT BE SUBMITTED UNTIL LICENSE IS APPROVED. - Submit an Affidavit of Publication from the newspaper running your ad. The affidavit must include a copy of your ad. If you just started running your ad in the newspaper and have not received the ad and affidavit, you MUST include the receipt from the newspaper as soon as the newspaper provides it to you. Your license cannot be issued until this is received.
- Must complete the
ABL-946 (Consent and Waiver).
- Must attach Articles of Incorporation, if applying as a corporation.
- Must attach Certificate of Authority to do Business in South Carolina, obtained from the Secretary of State's office, if applying as a Foreign Corporation.
- Must attach a copy of Articles of Organization and Operating Agreement, or LLC Supplemental Information Form (ABL-919), if applying as a Limited Liability Corporation.
- Must attach a copy of partnership agreement, if applying as a partnership or Limited Liability Partnership.
- All principals must attach a criminal records check (CRC), not more than 90 days old.
- If the principal has lived in SC for more than two (2) years, obtain the CRC from SLED at
www.sled.state.sc.us or SLED Headquarters, Criminal Records Department, 4400 Broad River Rd., P.O. Box 21398, Columbia, SC 29221.
- If the principal has lived in SC less than two (2) years, obtain a statewide CRC from previous state of residency AND a CRC from SLED.
- If principal is not a SC resident, obtain a statewide CRC from current state of residency.
- Must attach a copy of your lease, deed or tax bill for the location for which you are seeking a license. The lease, deed or tax bill must be in the applicant's name and list the physical address of the business location.
- Must attach completed residency status verification affidavit. Use Verification of Lawful Presence in the United States-Applicant and Principals (ABL-920) for each principal. Each principal, officer, owner, member, and/or partner MUST sign the form. If applicable include his/her non-citizen alien registration number and attach a copy of all appropriate immigration documents.
- General Requirements for Business Liquor by the Drink:
- Your business must be at least 300 feet from a church, school or playground if the church, school or playground is located in the city.
- Your business must be at least 500 feet from a church, school, or playground if the church, school or playground is located in the county.
- These requirements do not apply if the establishment or location was established prior to November 7, 1962 or if you are acquiring a business that is currently licensed to sell alcohol. ABL Regulation 7-303 establishes how this measurement is conducted.
- The Department may issue a license so long as distance requirements are met in regards to schools, and so long as any playground or church located within the parameters affirmatively states that it does not object to the issuance of a license (ABL-956).
- Business Liquor by the Drink Requirements:
- Your business must be primarily engaged in the preparation and serving of meals.
- Your business must have seating for at least 40 people simultaneously at tables for the service of meals each day it is open for business and available in all types of weather.
- Your business must have a kitchen that is in a separate area of the business and that is used solely for the preparation and serving of solid foods that make up meals.
- Your kitchen must have a working fixed grill, stove or microwave oven.
- Your must have a functioning cold storage unit with a minimum of 21 cubic feet capacity.
- You must have a menu or sign listing the meals offered at your place of business.
- There must be adequate food on the premises of your business to serve 40 people a hot meal. (Prepackaged single portioned foods prepared off the premises will not count as adequate food). You must have (or plan to have by the time you open for business) hot meals during normal "mealtimes" which occur when your business plans to be open to the public.
- The bar area used for storing and dispensing liquor by the drink must be lighted (or plan to be lighted by the time you open for business) so that customers have a clear view of all activities taking place in the bar area.
- Your place of business must have a Grade A Restaurant license issued by DHEC. Before your Liquor by the Drink License can be issued, you must furnish to the Department a copy of the inspection form given to you by DHEC showing that the Grade A Restaurant License has been issued.
- You must have functioning restrooms available for use by customers.
- If you are selling liquor by the drink (from "big bottles" and/or minibottles) you are required to remit the five percent liquor by the drink excise tax. Upon completion of the ABL registration process you will receive an information packet that includes the liquor by the drink return and procedures on the remitting the liquor by the drink excise tax.
- Business Hotel/Motel Liquor by the Drink Requirements.
- Your business must have at least 18 rooms to rent to the public as accommodations for lodging.
- The bar area used for storing and dispensing liquor by the drink must be lighted (or plan to be lighted by the time you open for business) so that customers have a clear view of all activities taking place in the bar area.
- Sales and consumption are restricted to the interior of the building and do not extend to the parking area even if food is served in these areas.
