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South Carolina Lawmakers Push for Liquor Liability Reform

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Liquor Liability Reform Discussion

News Summary

As South Carolina restaurants and bars struggle with soaring liquor liability insurance premiums, lawmakers are proposing reforms to alleviate the financial burden on local businesses. A bill led by State Senator Ed Sutton aims to amend existing laws to create better conditions for liquor-serving establishments. The changes come amid reports of doubled insurance costs, leading to closures like the Brew Cellar restaurant. While some advocates support the reforms, there are concerns about maintaining adequate protection for victims of alcohol-related incidents.

South Carolina lawmakers are proposing significant reforms to liquor liability laws as rising insurance premiums are putting immense financial pressure on local businesses, particularly restaurants and bars. Several establishments have been forced to close due to unsustainable costs associated with liquor liability insurance. This change follows reports from business owners that their insurance premiums have doubled during the renewal process for 2024, which has raised urgent concerns about the viability of these local enterprises.

Newly elected State Senator Ed Sutton is at the forefront of the efforts to amend existing legislation governing liquor liability. The proposed bill seeks to change how liability is assessed and aims to create more favorable conditions for small business owners facing crippling insurance costs. Since the implementation of a law in 2017, which mandated that businesses serving alcohol after 5:00 p.m. carry a minimum liquor liability insurance policy of $1 million, many local restaurants and bars have struggled to manage the increased financial load.

The repercussions of the 2017 law have been profound. Several insurance companies have exited the South Carolina market, while others remaining have drastically increased their rates, leading to many businesses facing six-figure insurance policies. The financial strain has come to a head for some establishments, most notably the Brew Cellar restaurant, which plans to close just two days after its 11th anniversary due to the prohibitive impact of liquor liability insurance costs.

Bar owner Zach Dennis has expressed the untenable situation many operators find themselves in—having to choose between renewing exorbitant insurance policies or shutting down their businesses altogether. Senator Sutton emphasizes the need for a balanced approach that compensates victims of overserving while also alleviating the challenges faced by small businesses in the liquor market.

Despite the push for reform, victim advocates have expressed their opposition to the proposed changes, arguing that maintaining robust liability standards is essential for protecting individuals affected by alcohol-related incidents. Sutton believes it is possible to find middle ground that accommodates the interests of both victims and merchants without compromising safety and accountability.

There are growing concerns that maintaining the current law without modifications could lead to a decline in Charleston’s vibrant culinary scene, as rising operational costs may force many small businesses to cease operations. Sutton is working diligently to have a new bill ready for governor approval by May but has cautioned that some businesses may face closure prior to any reform implementation.

The heightened costs associated with liquor liability insurance have emerged as a critical issue rallying state businesses around the need for legislative change. Recent discussions in the legislature suggest there is potential for bipartisan support for new reforms. New provisions could allow for a more equitable assessment of liability in drunk driving incidents and would introduce shared liability models that limit the culpability of establishments in alcohol-related cases.

Additionally, the newly passed legislation stipulates that establishments reporting less than 40% of their sales from alcohol will be allowed to maintain reduced insurance coverage volumes. Compliance with this revised law would also necessitate stricter training protocols for employees serving alcohol and would require upgraded technology to detect fake identification cards effectively.

The local tourism industry plays an essential role in the economy of Charleston, making the survival of its small businesses crucial. The ongoing dialogues within the state legislature have highlighted the importance of balancing the need to prevent drunk driving with the necessity of easing the financial burdens on small businesses. Looking ahead, further discussions regarding broader tort reform initiatives are anticipated in upcoming legislative sessions.

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