Could stores sell beer and wine on Sunday in Columbia’s portion of Lexington County despite the state blue law?

Plain-English summary

Lexington County asked whether South Carolina's Sunday business restriction barred beer and wine sales in the portion of the county inside Columbia, after city voters approved off-premises sales at permitted locations without day or hour restrictions. The Attorney General concluded in 2008 that beer and wine could be sold there on Sunday under the specific permit provision.

The opinion compared the older general Sunday restriction with the later rule authorizing off-premises beer and wine permits without restrictions on days or hours of sale. It applied the later and more specific law to the described area. Its answer was limited to the Columbia portion of Lexington County and the sales covered by the permit rule.

Currency note

This opinion was issued in 2008. 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

Q: Did the older blue law bar all Sunday beer and wine sales in Columbia's Lexington County area? A: The AG said no for the off-premises sales authorized by the permit provision analyzed in 2008.

Q: Why did the AG favor the permit law?
A: It was a later and more specific expression of legislative intent about the days and hours for permitted off-premises beer and wine sales.

Q: Did the opinion decide Sunday sales for all of Lexington County? A: No. Its conclusion concerned the area of Lexington County that lay within Columbia's boundaries.

Background and statutory framework

The request pointed to the Sunday “blue laws,” while reporting that Columbia voters had approved off-premises beer and wine sales at permitted sites around the clock. The AG used statutory interpretation principles for conflicting laws, treating the later specific permit provision as controlling in that setting.

Citations and references

Statutes: S.C. Code Ann. § 61-4-510(A); Section 53-1-5.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/may-30-2008-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/05/anderson-j-m-os-8605-5-30-08-blue-laws-sunday-sale-beer-and-wine.pdf

Original opinion text

May 30, 2008

Jeff M. Anderson, Esquire
Lexington County Attorney
Post Office Box 489
Lexington, South Carolina 29071–0489
Dear Mr. Anderson:
In a letter to this office you referenced that pursuant to this State’s “blue laws”, S.C. Code Ann. §§ 53-1-5 et seq., businesses are prohibited from operating prior to 1:30 p.m. on Sundays. Specifically, Section 53-1-5 states that “[t]he provisions of this chapter do not apply after the hour of 1:30 p.m. on Sunday.” Section 53-1-6 requires enforcement of such provision by the “sheriff or other law enforcement.” According to your letter, the City of Columbia recently held a referendum which approved the sale for off premises consumption of beer and wine at permitted locations twenty-four hours a day, seven days a week. Such sales are authorized pursuant to S.C. Code Ann. § 61-4-510(A). S.C. Code 53-1-5 was last amended in 1995. Section 61-4-510(A) states that off-premises beer and wine permits may be issued “...which allow sales for off-premises consumption without regard to the restrictions on the days or hours of sales....” Such provision was enacted in 1996 and last amended in 2003. As stated in a prior opinion of this office dated October 31, 2005, pursuant to principles of statutory construction, when comparing statutory provisions applicable to a given situation, “[i]f an irreconcilable conflict exists, the statute later in time will prevail as the later expression of legislative will.” See also: Feldman v. S.C. Tax Commission, 203 S.C. 49, 26 S.E.2d 22 (1943); Ops. Atty. Gen. dated June 13, 2003. Moreover, as stated in an opinion of this office dated April 29, 2003, “...specific laws prevail over general laws....” See also: Op. Atty. Gen. dated November 20, 1997. Furthermore, as set forth in a prior opinion of this office dated October 24, 2007, “...later specific statutes will prevail over earlier general ones.” See also: Langley v. Pierce, 313 S.C. 401, 403, 438 S.E.2d 242, 243 (1993).

Mr. Anderson
Page 2
May 30, 2008
The referenced provision authorizing permits for the sale of beer and wine for off premises consumption regardless of the days or hours of sale are the later expressions of legislative will and are more specific as to the question of the sale of beer and wine on Sunday. As a result, in the opinion of this office, such provisions must be given effect with the result that beer and wine can be sold in the portion of Lexington County which is also within the boundaries of the City of Columbia on Sunday. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General