Licenses
Brewery
Qualifications
- 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 permit and must not previously have had a permit revoked within the past two (2) years.
- All principals, officers, agents, and employees listed on the permit must be over the age of 21 and be of good moral character. A current criminal history 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 permit cannot be issued is the applicant 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 at the location for at least 15 days, and maybe removed only by the SLED agent.
- Permits will not be issued until the afternoon of the fourth day after the sign is taken down; 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 an equivalent section if the newspaper has no legal notices section;
- Be in large type, covering a space of one 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 your application you must submit your Affidavit of Publication and a copy of the ad furnished by the approved newspaper office.
- The
ABL-32 lists all approved newspapers.
Requirements
- Completed application, signed, dated, and notarized.
- Submit nonrefundable filing fees: $300.00
LICENSE FEES SHOULD NOT BE SUBMITTED UNTIL PERMIT IS APPROVED. - Must complete
ABL-946 (Consent and Waiver).
- Must attach copy of Articles of Incorporation, if applying as a corporation.
- Must attach a 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, if applying as a Limited Liability Corporation.
- Must attach 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 from 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 CRC from previous state of residency AND a CRC from SLED.
- If principal is not a SC resident, obtain a CRC from current state of residency.
- If you own the property, you must submit a copy of the deed or tax bill; if not, submit a copy of your lease.
- 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 Location Requirements for Brewery to offer Samples:
- Sales to or samplings must be held in conjunction with a tour by the consumer of the licensed premise and the entire brewing process utilized at the licensed premise;
- Sales or samplings shall not be offered or made to, or allowed to be offered, made to, or consumed by an intoxicated person or a person who is under the age of 21;
- No more than a total of 48 ounces of beer brewed at the licensed premises, including amounts of samples offered and consumed with or without cost, shall be sold to a consumer for on-premises consumption within a 24 hour period.
- Of that 48 ounces of beer available to be sold to a consumer within a 24 hour period, no more than 16 ounces of beer with an alcoholic weight of above eight (8) percent, including any samples offered and consumed with or without cost, shall be sold to a consumer for on-premises consumption within a 24 hour period.
- General Location Requirements for Brewery to sell On-Premises Beer/Wine:
- A brewery licensed in this State is authorized to sell beer produced on its licensed premises to consumer for on-premises consumption within an area of its licensed premises approved by the rules and regulations DHEC governing each and drinking establishments and other food service establishments.
- Breweries approved through DHEC for eating and drinking establishments may also apply for a retail on-premises consumption permit for the sale of beer and wine of a producer that has been purchased from a wholesaler through the three-tier distribution chain set forth in Section 61-4-730 and Section 61-4-940.
- The brewery must comply with all state and local laws concerning house of operation.
- The brewery must remit taxes to the Department of Revenue for beer sales in an amount equal to and in a manner required for taxes assessed by Section 12-21-1020and Section 12-21-1030. The brewery also must remit appropriate sales and use taxes and local hospitability taxes.
