Could a railroad sell alcohol to passengers on a train in South Carolina under the law reviewed in 2005?

Plain-English summary

A state senator asked in 2005 whether South Carolina could regulate alcohol sales on a train, including sales while the train was moving or stopped and at particular times or on particular days. The Attorney General cited two statutes and concluded that sales of alcoholic beverages on trains were permitted in the state consistent with those provisions.

One statute made drinking liquor in a public conveyance a misdemeanor but excepted railroad dining and club cars. The other allowed railroad companies to sell alcoholic liquor to passengers on interstate trains for consumption on the train. The opinion did not separately decide the question of time-of-day or day-of-week restrictions, or distinguish stopped trains from moving trains.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the public-conveyance drinking ban apply to railroad dining and club cars?
The opinion quoted an express exception for those cars.

What train sales did the cited statute permit?
It permitted railroad companies to sell alcoholic liquor to passengers on interstate trains for consumption aboard those trains.

Did the opinion set hours or days when train alcohol sales were allowed?
No. The request raised that issue, but the AG's short answer did not specify sales hours or days.

Background and statutory framework

The AG relied on the public-conveyance provision's railroad-car exception and the separate provision allowing onboard sales to interstate passengers. His conclusion was expressly tied to those provisions.

Citations and references

• § 61 -6-4720: public-conveyance drinking offense and railroad dining or club car exception, as printed in the extracted text.
• § 61-6-1550: permission for railroad liquor sales to interstate passengers for onboard consumption.

Official title

Questioning whether the state can regulate alcohol sales, such as time or day of sale, on a train whether it is moving or stopped.

Requester

The Honorable Glenn G. Reese, Member, SC Senate

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-22-2005-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05dec22reese2.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
Hi-:NRY McMA~'TER
AlTOR.>\EY GEN ERAL

December 22, 2005

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The Honorable Glenn G. Reese
Senator, District No. 11
507 Fagan Drive
Lake Bowen
Inman, South Carolina 29349-7000
Dear Senator Reese:

In a letter to this office you questioned whether the state can regulate alcohol sales, such as time or day of sale, on a train whether it is moving or stopped.

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Based upon my review, two statutes govern the sale and consumption ofalcoholic beverages on railroads. S.C. Code Ann. § 61 -6-4720 states that A person who drinks alcoholic liquors in a public conveyance in this State is considered guilty of a misdemeanor and, upon conviction, must be fined nor more than one hundred dollars or be imprisoned not more than thirty days. This section does not apply to a railroad dining car or club car or to an aircraft of a commercial airline transporting passengers for hire. (emphasis added).

A lso, pursuant to S.C. Code Ann. § 61-6-1550
The restrictive provisions of this article relating to retail dealers do not apply to sales of alcoholic liquors by railroad, Pullman, or airline companies to passengers on interstate trains or aircraft for consumption thereon, and to this end, these sales are permitted. Therefore, the sale of alcoholic beverages on trains is permitted in this State consistent with these reforenced provisions.

The Honorable Glenn G. Reese
Page2
December 22, 2005

With kind regards, I am,
Sincerely,

d~e#/~Charles H. Richardson
Senior Assistant Attorney General

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REVIEWED AND APPROVED BY:

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Robert D. Cook
Assistant Deputy Attorney General