Aiken County considers repeal of confusing blue laws
By Preston Sparks | South Carolina Bureau Chief
Monday, July 06, 2009

AIKEN - A BP gas station on U.S. Highway 1 in Aiken prominently displays on its marquee the words "Sunday beer sales."

But on Whiskey Road, a Lowe's home improvement store doesn't open until 1:30 p.m. Sundays because of a state blue law restricting certain morning purchases.

"We have a lot of people that drive in the parking lot, look up and go on," said Jason Sessoms, the store manager. State law forbids the sale on Sunday mornings of about 99 percent of what his store offers.

Mr. Sessoms said he believes most businesses would be happy to see the state law repealed in Aiken County, something county council members are considering.

"Any time we're not losing business to the Augusta area would be a better thing," he said.

In the city of Aiken, where Sunday alcohol sales are allowed, city officials agree it can be confusing for shoppers to find out items such as clothes, jewelry or tools can't be purchased Sunday mornings at a store such as Wal-Mart.

"It's just an almost baffling scenario at times just trying to figure out, oh, well now, if I sell you a light bulb, that's OK. Now, to sell you the lamp to put the light bulb in, I'm not so sure I can do that," said Aiken's Assistant City Manager Richard Pearce. "We're just waiting to see what county council's vote is."

Officials say the council has the authority to repeal the state law locally, to include municipalities, and it has already voted to repeal the Sunday morning restriction on an initial reading. The issue will be voted on a second time at the July 21 meeting.

The issue of alcohol sales on Sundays in the city has already been addressed. City Attorney Gary Smith said that a few years ago residents approved a referendum to allow restaurants to sell alcohol that day. The result of that vote surprised city council, he said.

The referendum was approved, but the go-ahead was interpreted by the South Carolina Department of Revenue to also include grocery and convenience stores, opening the door for all businesses to sell alcohol on Sundays within Aiken city limits.

To further confuse things, in the unincorporated areas of the county, grocery and convenience stores can't sell alcohol on Sundays, said County Administrator Clay Killian.

Mr. Killian said the council's current look at blue laws in Aiken County has no effect on its ban on Sunday alcohol sales. Some officials have said repealing the restriction on other types of purchases could help keep Aiken County from losing some sales tax dollars to its Georgia neighbors .

"We've got to look for the opportunities that are available to us, and I don't think we want to shoot ourselves in the foot, which is what we're kind of doing with the blue laws that are currently in effect," said County Councilman Chuck Smith, who recently proposed the law's repeal locally.

Reach Preston Sparks at (803) 648-1395, ext. 110 or preston.sparks@augustachronicle.com

BLUE LAWS

ITEMS NOT ALLOWED TO BE PURCHASED BEFORE 1:30 P.M. SUNDAYS: clothing and clothing accessories (except those which qualify as swimwear, novelties, souvenirs, hosiery, or undergarments); housewares, china, glassware and kitchenware; home, business and office furnishings and appliances; tools, paints, hardware, building supplies and lumber; jewelry, silverware, watches, clocks, luggage, musical instruments, recorders, recordings, radios, television sets, phonographs, record players or hi-fi or stereo sets, or equipment; sporting goods (except when sold on premises where sporting events and recreational facilities are permitted); yard or piece goods; automobiles, trucks and trailers.

THE PENALTY: a fine of not less than $50 and no more than $250 for a first offense. A fine of no less than $100 and no more than $500 for each subsequent offense.

Source: South Carolina Code of Laws

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