Watercraft is understood to mean boats, vessels, and ships.
No statute exists in Title 61 of the South Carolina Code of Laws addressing the licensing of a watercraft for the sale, possession, and on-premises consumption of alcoholic liquors. Therefore, for purposes of licensing we consider a watercraft as the premises and a floating restaurant. In order to license a watercraft as a restaurant the entity must be a business primarily engaged in the preparation and serving of meals. S.C. Constitution Article 8-A and S.C. Code Ann. §§61-6-20(2), 61-6-1610(A)(1). The licensed premises does not extend beyond the watercraft itself. The dock, land/lot, or out buildings are not included in the licensed premises. S.C. Code of Regulations 7-202.1.
The following requirements must be met to qualify as a business primarily engaged in the preparation and serving of meals:
- Must have seating for at least 40 people simultaneously at tables for the service of meals each day it is open for business. S.C. Code Ann. §61-6-20(2).
- Must have a kitchen that is in a separate area used solely for the preparation and serving of solid foods that make up meals. S.C. Code Ann. §§61-6-20(2)(a) and 61-6-1610(I)(1).
- Kitchen must have a working fixed grill, stove or microwave oven. S.C. Code Ann. §61-6-1610(I)(1).
- Must have a functioning cold storage unit with a minimum of 21 cubic feet capacity. S.C. Code Ann. §61-6-1610(I)(1).
- Must have a menu or sign listing the meals offered at your place of business. S.C. Code Ann. §61-6-20(2)(b).
- Must have adequate supply of food and types of prepared foods on the premises of the business. S.C. Code Ann. §61-6-1610(I)(2) and (3).
- Must have a Grade A Restaurant license issued by DHEC. S.C. Code Ann. §61-6-1610(H).
Additional requirements necessary to license a watercraft for the sale, possession, and on-premises consumption of alcoholic liquors:
- Must provide an address, boat slip number, and name of boat to be licensed as the premises. The entity seeking a license must have direct control of the watercraft where they will conduct business. S.C. Code of Regulations 7-202.1.
- Must have functioning restroom available for use by customers in order to meet requirements for suitability. S.C. Code Ann. §61-6-910(2).
- Must provide a designated route of travel in order to meet requirements for suitability. S.C. Code Ann. §61-6-910(2).
- Route of travel must not venture into waters of another state or jurisdiction. This is beyond the authority of the Department of Revenue.