Could a South Carolina retail beer-and-wine permit holder continue curbside sales to a customer who stayed in a vehicle after the COVID state of emergency ended?

Plain-English summary

South Carolina ended the temporary COVID-19 curbside exception for retail beer and wine sales and reinstated Regulation 7-702.5.

The regulation prohibited a retail beer or wine permit holder—including employees and agents—from selling or delivering beer or wine to a person who remained in a motor vehicle during the transaction.

Governor McMaster's Executive Order 2020-12 had temporarily suspended that prohibition during the COVID-19 state of emergency so eligible permit holders could offer curbside delivery or pickup under stated conditions. The suspension was tied to the emergency declared in Executive Order 2020-08.

When the state of emergency ended on June 6, 2021, the temporary authorization ended too. The Department withdrew SC Information Letter #20-5 and stated that the motor-vehicle prohibition was reinstated immediately.

What this means for you

Retail beer-and-wine permit holders in June 2021

The emergency authorization could no longer support handing beer or wine to a customer who stayed in the vehicle. The ordinary regulation again controlled.

Restaurants and food-service businesses

The rule concerned alcoholic beverages, not whether food could be picked up curbside.

Current operations

This letter explains the end of a historical emergency exception. Check the current regulation and any later legislation or orders before designing today's pickup or delivery process.

Common questions

Q: When did the COVID state of emergency end?
A: June 6, 2021.

Q: What did Regulation 7-702.5 prohibit?
A: Selling or delivering beer or wine to someone who remained in a motor vehicle during the transaction.

Q: What happened to SC Information Letter #20-5?
A: It was withdrawn.

Citations and references

• SC Regulation 7-702.5
• Executive Orders 2020-08 and 2020-12
• S.C. Code Ann. §§ 12-4-320 and 1-23-10(4)
• SC Revenue Procedure #09-3

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL21-18.pdf

Original ruling text

STATE OF SOUTH CAROLINA

DEPARTMENT OF REVENUE

300A Outlet Pointe Blvd., Columbia, South Carolina 29210
P.O. Box 125, Columbia, South Carolina 29214-0575

SC INFORMATION LETTER #21-18

SUBJECT: Curbside Delivery or Pick-Up Area for Beer and Wine — State of
Emergency Due to COVID-19 No Longer Effective
(Alcoholic Beverage Licensing)

DATE: June 24, 2021
SUPERSEDES: SC Information Letter #20-5
AUTHORITY: S.C. Code Ann. Section 12-4-320 (2014)

S.C. Code Ann. Section 1-23-10(4) (2005)
SC Revenue Procedure #09-3

SCOPE: An Information Letter is a written statement issued to the public to
announce general information useful in complying with the laws
administered by the Department. An Information Letter has no
precedential value.

NOTICE TO ALL HOLDERS OF A RETAIL BEER AND WINE PERMIT
Regulation 7-702.5 is hereby reinstated and effective immediately.

Regulation 7-702.5 prohibits a holder of a retail beer or wine permit (including employees and
agents of a permit holder) from selling or delivering beer or wine to anyone who remains in a
motor vehicle during the transaction.

On March 21 2020, Governor McMaster issued Executive Order No. 2020-12 to facilitate “social
distancing” practices and to mitigate the significant economic impacts of COVID-19 on
individuals and businesses throughout the State, particularly restaurants and other food-service
establishments. The purpose of this Executive Order was to temporarily suspend Regulation 7-
702.5 and allow a holder of a beer and wine retail permit that elects to offer curbside delivery or
pick-up to sell beer or wine through its curbside delivery and pick-up service under certain
conditions and restrictions.

The suspension of Regulation 7-702.5 was to remain in effect for the duration of a State of
Emergency previously declared by the Governor on March 13, 2020 in Executive Order 2020-
08, unless modified, amended, or rescinded by a subsequent Order. The State of Emergency
ended June 6, 2021.

Therefore, with the end of the State of Emergency, SC Information Letter #20-5, “Curbside
Delivery or Pick-Up Area for Beer and Wine — Temporary Authorization Due to Coronavirus
Disease (COVID-19) State of Emergency,” is withdrawn.

As such, the prohibition against curbside delivery or pick-up of beer or wine as set forth in
Regulation 7-702.5 is reinstated and effective immediately.