Retail Services & Systems, Inc., D/b/a Total Wine & More v. South Carolina Department of Revenue and Abc Stores Of…

Summary

The South Carolina Supreme Court reversed the trial court’s summary‑judgment ruling, holding that sections 61‑6‑140 and 61‑6‑150 of the South Carolina Code, which limit a retailer to three liquor licenses, exceed the General Assembly’s police‑power authority and are therefore unconstitutional. The Court declined to reach the equal‑protection and due‑process arguments because the police‑power issue was dispositive. Justice Kittredge dissented, arguing that the statutes are a valid exercise of police power and should be upheld.