A Win for Nightclubs

Judge's ruling provides much needed clarity to murky alcohol law

After years of uncertainty over whether the state can require nightclubs to sell food to get alcoholic beverage licenses, finally a circuit court judge's ruling and a new law have cleared up some confusion.

Circuit Court Judge John Breeden ruled that Revolutions, a nightclub at Broadway at the Beach, is not required to get a certain amount of its revenue from food sales.

The S.C. Department of Revenue, which regulates alcoholic beverage licenses, had Revolutions' liquor license revoked in April because food accounts for less than 3 percent of the nightclub's sales. The club appealed the case. The Revenue Department says it will appeal Breeden's ruling.

The Hospitality Association of South Carolina had asked legislators in recent years to clarify liquor laws that pertain to nightclubs. That led to a new law that went into effect June 12 requiring nightclubs that want a liquor license to get a food-service permit from the S.C. Department of Health and Environmental Control. The clubs also are required to have seating for 40 people and keep an "A" grade during DHEC inspections.

Breeden said legislators intended only to require a certain amount of seating and an "A" inspection rating.

The ruling is expected to have statewide significance, allowing clubs to disregard requirements of food sales while still being able to obtain liquor licenses.

The judge's ruling makes sense and provides some needed illumination. The food requirement for bars has been a bit hypocritical: Is it the state's business what percentage of income a nightclub gets from food and what percentage from alcohol? The Revenue Department should reconsider its plan to appeal.