Some Lexington area businesses are surrendering liquor licenses, others can't afford to stay open

Lawmakers who are also attorneys are part of the liquor liability problem, some S.C. legislators say

Posted 1/20/25

It’s a big problem that needs immediate attention.

That’s what some Lexington County lawmakers are saying about the increasing impact insurance rates are having on restaurants and …

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Some Lexington area businesses are surrendering liquor licenses, others can't afford to stay open

Lawmakers who are also attorneys are part of the liquor liability problem, some S.C. legislators say

Posted

It’s a big problem that needs immediate attention.

That’s what some Lexington County lawmakers are saying about the increasing impact insurance rates are having on restaurants and nightclubs throughout the state.

Some restaurant owners say they cannot afford to keep operating because of the cost of insurance rates that are escalating because of lawsuits claiming patrons were overserved with alcohol, causing car accidents or other problems. It’s often called “liquor liability.”

But it’s not going to be easy to fix the problem, Rep. Micajah Caskey, R-Lexington, said in an interview with the Chronicle.

“It’s complicated,” said Caskey, who is a member of a legislative committee that is studying the problem. “We’ve had a number of meetings.”

But Caskey said that so far, the committee hasn’t found a definitive answer to a problem with so many different issues. He said it will take a lot more work, but addressing the problem “is a priority” for the legislature in upcoming weeks.

The House bill currently under consideration aims to encourage more insurance companies to provide liquor liability coverage. The proposal would lower insurance mandates for bars and restaurants meeting specific criteria, such as nonprofit status or businesses that closes by 10 p.m.

Rep. Jay Kilmartin of Irmo, who turned in his license to sell alcoholic beverages at his retail businesses because of the cost of liability insurance, describes the current situation as “a mess.”

Kilmartin said his own business's insurance rates went up from $1,500 to $28,000 a year.

But he believes a solution is coming. Legislation is on the table.

He said a bill has been filed in the Senate with a judiciary subcommittee chaired by Sen. Michael Johnson, a Republican representing York and Lancaster counties.

While the legislators are trying to find a solution to the problem, Kilmartin said they helped cause the problem. He said many lawmakers are attorneys who stand to gain with all of the litigation on insurance settlements.

Joining a group known as the S.C. Venue Crisis, Kilmartin became a vocal advocate for many restaurant and bar owners whom he said are now facing a crisis.

The Venue Crisis website identifies several businesses throughout the state that had to close because of the insurance rates and outlines their complaints.

According to a post on the site by Old Rock Quarry Winery in Enoree, the business has enjoyed an incredible journey with its cuisines, local food trucks and music performances.

“But unfortunately, the one thing that we, along with numerous other venues through South Carolina, are not surviving is the current liquor liability insurance crisis our state lawmakers have allowed to rage our state. Therefore it is with a heavy heart that we announce that Aug. 17 will be our last musical event and our last day for all onsite consumption.”

The owner of Craft & Draft, which has a location in Columbia and Irmo, is quoted saying the following on the  S.C. Venue Crisis website: "Insurance which we’re required to be able to purchase an alcohol license to be able to sell alcohol to the public, that insurance has pretty much quadrupled for us. We’ve paid a bunch off our Irmo location and it’s independent. So now, in both of our locations, it’s our third largest expense that goes payroll, rent, then insurance — and that’s solely to be able to operate,” Kellan Monroe said.

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