City of Rock Hill v. Harris
391 S.C. 149
S.C.2011Background
- Appellant Harris, age 20, admitted consuming two beers after a traffic stop in Rock Hill (2007).
- Harris was cited for possession of beer under 21 under section 20-7-8920 and for public disorderly conduct.
- Municipal court convicted Harris on the possession charge; circuit court affirmed on appeal; Harris appealed only the constitutional issue.
- Section 63-19-2440 prohibits under-21 individuals from consuming or knowingly possessing beer or similar beverages.
- Appellant contends the statute conflicts with Article XVII, §14 of the South Carolina Constitution; the court construes 'sale' broadly and affirms.
- Court engages in constitutional construction and historical analysis to determine if the General Assembly may regulate sale, purchase, and possession for under-21s.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is section 63-19-2440 constitutional under Article XVII, §14? | Harris argues it exceeds constitutional power by restricting possession and consumption. | City contends broad 'sale' power includes possession and purchase. | Constitutional; sale is construed broadly to include possession/purchase. |
| What is the proper construction of 'sale' and the legislative history? | Sale should not be read to include possession. | Legislature reserved broad power to regulate under-21 access to alcohol. | Term 'sale' is broad; legislative history supports restricting sale, purchase, and possession. |
Key Cases Cited
- State v. Bolin, 378 S.C. 96, 662 S.E.2d 38 (2008) (affirmative authority on age-related alcohol regulation under Art. XVII, §14)
- Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000) (plain meaning rule with absurdity caveat in statutory construction)
- Moseley v. Welch, 209 S.C. 19, 39 S.E.2d 133 (1946) (presumption of constitutionality and interpretive approach)
- Richardson v. Town of Mount Pleasant, 350 S.C. 291, 566 S.E.2d 523 (2002) (interpretation guidance for constitutional amendments)
- Jeter v. S.C. Dept. of Transp., 369 S.C. 433, 633 S.E.2d 143 (2006) (issue of law; standard of review for statutory interpretation)