COLUMBIA, S.C. (AP) - Owners of small liquor shops across South Carolina hope the state’s highest court will reconsider a ruling they say makes them vulnerable to chain sellers.
Last week, the state Supreme Court ruled that a law limiting liquor licenses in the state is unconstitutional. In the 4-1 ruling, justices described a decades old statute as an example of economic protectionism.
Potomac, Maryland-based chain Total Wine & More challenged a state limit on three liquor licenses per owner after trying to open its fourth South Carolina store several years ago. The chain lost a lawsuit against the Department of Revenue, and the appeal went straight to the state’s highest court.
“The licensing limits do not promote the health, safety, or morals of the state, but merely provide economic protection for existing retail liquor store owners,” justices wrote.
ABC Stores of South Carolina is a trade group of small merchants. In a statement issued Monday, executive director John Kelsey vowed to ask the high court to reconsider its ruling, which takes effect later this month.
“If this limitation goes away, we are concerned South Carolina will be flooded with new liquor stores, controlled by absentee owners with little care or regard for our communities, which could result in excessive advertising, and illegal sales and use.” Kelsey said.
Kelsey’s group says at least 21 other states have similar limits, and both state and federal courts in Georgia, Massachusetts, New Jersey, and New Hampshire have upheld similar restrictions.
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