The South Carolina Supreme Court ruled a South Carolina statute that officials used to refuse Total Wine & More a fourth liquor license was unconstitutional.
The measure had been upheld by the circuit court as “preserving the right of small, independent liquor dealers to do business.”
The South Carolina Supreme Court wasn’t impressed. Without any other supportable police power justification present, economic protectionism for a certain class of retailers is not aconstitutionally sound basis for regulating liquor sales.
In its opinion, the South Carolina court accepted Total Wine’s argument that the provisions don’t limit the number of stores in an area, but only the number that can be owned by one person or entity.