South Carolina H 5281: Caterer License

Bill Text

2025-2026 Bill 5281 Text of Previous Version (Feb. 26, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5281

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING ARTICLE 15 TO CHAPTER 6, TITLE 61 SO AS TO AUTHORIZE THE DEPARTMENT 
OF REVENUE TO ISSUE RETAIL ALCOHOLIC BEVERAGE CATERER LICENSES, TO PROVIDE 
REGULATIONS, TO PROVIDE THAT THE DEPARTMENT IS AUTHORIZED TO ISSUE CERTAIN 
ALCOHOLIC LIQUOR TEMPORARY PERMITS, AND TO ALLOW FOR CERTAIN CONTRACTS; BY 
AMENDING SECTION 61-4-160, RELATING TO DISCOUNT PRICING FOR ON-PREMISES 
CONSUMPTION, SO AS TO PROVIDE THAT UP TO TWELVE FUNCTIONS MAY BE SPONSORED EACH 
YEAR; AND BY REPEALING SECTION 61-6-2000 RELATING TO TEMPORARY PERMITS FOR 
NONPROFIT ORGANIZATIONS AND CRIMINAL BACKGROUND CHECKS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 6, Title 61 of the 
S.C. Code is amended by adding:

Article 15

Caterer 
License

 Section 
61-6-4800. For purposes of this article:

 (1) "Alcoholic beverages" means beer, 
wine, and alcoholic liquors by the drink as defined in Chapters 4 and 6, Title 
61.

 (2) "Caterer" means a for-profit 
business that operates a restaurant or has a commercial kitchen facility and is 
hired by an event host to provide food and beverage services including, but not 
limited to, bartending services at a private event for a predetermined fee. 
Such caterer must be bona fide engaged primarily and substantially in the 
preparation and serving of meals.

 (3) "Private event" means an off-site 
event that is not open to the general public and that is temporary in nature. 
The premises of the private event must consist of the physical place where the 
caterer has been approved to provide food and beverage services according to 
the contract which grants the caterer the right to use the premises for the 
contracted purpose. A caterer may not utilize a license granted under this article 
to serve alcoholic beverages at a location which is otherwise the principal 
place of business of a licensee holding any other license to serve or sell 
beer, wine, or liquor for on- or off-premises consumption. For purposes of this 
item, an "off-site event" does not include private events held at the principal 
place of business of a caterer that operates a commercial kitchen facility 
designed and used for private event functions, provided such events are 
contracted for by a private host and are not open to the general public.

 (4)(a) "Commercial kitchen" means a 
kitchen:

 (i) the operation of which is 
contingent upon the possession of a permit as a retail food establishment 
pursuant to S.C. Code Regs. Section 61-25.8-301 and the regulations thereunder;

 (ii) from which dine-in, take-out, or 
delivered meals are prepared for consumption by members of the public; and

 (iii) in which appliances used in 
preparation of food are permanently affixed to the building in which it 
operates.

 (b) "Kitchen" does not include a 
kitchen that is:

 (i) a public food service 
establishment used for the preparation of takeout or delivery-only meals housed 
in portable structures that are movable from place to place by a tow or are 
self-propelled or otherwise axle-mounted and that include self-contained utilities 
including, but not limited to, gas, water, electricity, or liquid waste 
disposal;

 (ii) located within a residence; or

 (iii) shared with other persons or 
business entities.

 Section 
61-6-4810. (A) The Department of 
Revenue is authorized to issue a retail alcoholic beverage caterer license 
subject to the licensing requirements of Chapters 4 and 6, Title 61.

 (B) Notwithstanding any other 
provision of law, the alcoholic beverage caterer license allows the licensee to 
do the following:

 (1) serve alcoholic beverages for 
on-premises consumption in conjunction with food service by the caterer of 
prepared meals which excludes the serving of snacks as the primary meal for the 
duration of the private event;

 (2) purchase beer and wine directly 
from a wholesaler;

 (3) purchase alcoholic liquor directly 
from a retail liquor store dealer with a wholesaler's basic permit issued 
pursuant to the Federal Alcohol Administration Act in any size except 1.75 
liter-sized bottles;

 (4) transfer alcoholic beverages from 
a wholesaler or retailer to the licensee's principal place of business;

 (5) transfer alcoholic beverages 
directly to and from the licensee's principal place of business to an off-site 
event;

 (6) store alcoholic beverages at the 
licensee's principal place of business in a secure location that prevents 
access by anyone other than the licensee or the licensee's employees; and

 (7) take delivery of and store 
alcoholic beverages at the location of the off-site event in a secure location