Only in South Carolina would regulations about the sale of liquor be enshrined in the state constitution. Liquor licenses for on-premises consumption, according to the state constitution, can only be given to three groups: hotels and lodging businesses, nonprofit groups operating private clubs and restaurants. Nightclubs have to pretend to be restaurants and serve food on premises. But to be a restaurant a club must gain substantial revenue from food sales.
At Revolutions, the club that lost its license, food sales accounted for less than 10 percent of revenue. The appeal concerns what a substantial amount means.
This case is another example of the mess that is our constitution. Fundamental law should not regulate such things as the sale of booze. South Carolinians need to clean up the constitution.