Licenses
In State Winery
Qualifications
Produces and sells wine, produced on the premises with less than 60% of the juice from fruit and berries grown in this state. This type of winery may sell at retail from the licensed premises, ship to consumer homes both in and out of state, and allow on premise consumption during restricted hours. This type of winery may sell during restricted hours on Sunday, provided the winery is located in a county or municipality that has passed a favorable referendum. These wineries are also permitted to provide with or without cost wine tasting samples to prospective customers. An In-State winery is not permitted to sell wine at wholesale and is ineligible for a Special Event Beer & Wine Permit. SC Code §61-4-720; §61-4-725; §61-4-730; §61-4-735.
- 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 no 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 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 at the location for at least 15 days, and may be removed only by the SLED agent.
- Permits will not be issued until the afternoon of the fourth day after the sign is taken down by the agent; unless your published ad provided 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 you 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
Produces and sells wine, produced on the premises with less than 60% of the juice from fruit and berries grown in this state. This type of winery may only sell to wholesalers, provided however, that it may also ship wine to in and out of state residency if it holds a Wine Producer and Blenders Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau ("TTB") and has obtained a Wine Shipper's license in accordance with SC Code Ann. 61-4-747. These wineries are also permitted to provide with or without cost wine tasting samples to prospective customers (SC Code Ann. 61-4-720).
- Completed application, signed, dated and notarized
- Submit nonrefundable filing fees: $300.00
LICENSE FEES SHOULD NOT BE SUBMITTED UNTIL PERMIT IS APPROVED. - Must complete the
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 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 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.
