Lexington County state representative at forefront of push to reform liquor liability

Posted 2/22/24

Local restaurant owners continue to push against rising insurance rates in South Carolina, described by many as a dire threat to their continued operation.

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Lexington County state representative at forefront of push to reform liquor liability

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Local restaurant owners continue to push against rising insurance rates in South Carolina, described by many as a dire threat to their continued operation.

On Feb. 20, South Carolina Venue Crisis, a group that has been speaking out against the rising rates and other challenges impacting Palmetto State venues, held a tort reform rally at the Statehouse, finally holding one after its first attempt was put off by severe weather in January.

“We are here to let our legislators know that we need their help and that we are paying attention not only to their words, to their actions,” Asheton Reid, a small business owner and community outreach director for Venue Crisis, said. “We must save our music venues, our bars, our pool halls, our package stores and other businesses, plus businesses that support them.”

The rally was yet another attempt by the group to bring awareness to the impact of a state requirement for businesses with liquor or beer licenses to maintain a liability insurance policy that covers at least $1 million, which has had the ripple effect of spiking rates and pushing many policy providers out of the state.

The group is pushing for the passage of legislation, currently being considered at the Statehouse, to ensure businesses are only held accountable for damages equivalent to their share of fault in civil lawsuits.

 

State Rep. Jay Kilmartin (R-Lexington), owner and operator of The Melting Pot and The Cigar Militia in Columbia, has voiced support for Venue Crisis’ efforts for a while now, and he too is feeling the effects of the rising insurance rates, he said.

Kilmartin told the crowd that his cigar store’s rates went from $1,500 a year to $20,000 while his restaurants went from $22,000 a year to $67,000.

The representative wasn’t the only person who spoke about rising rates. The owner of Jocassee Valley Brewing Company in Salem shared that it was told by its carrier that it was no longer insuring such venues. When scrambling to find a new carrier, the business saw what used to be a $5,000 plan was reaching $35,000.

Kynn Tribble, owner of a dive bar in Piedmont and a member of the Venue Crisis executive committee, said that his rates increased from $5,000 to $60,000

“It is just unbelievable,” said Kilmartin. “Somehow the lawyer legislators in there think that we're wealthy people. I was talking to a group down here, we make our money by the nickel, we don't have those margins.

“So keep up what you're doing. It's working. We've just got to keep pressing the legislators, the longer time goes on, the more money they're making and the more restaurants are closing. Bars and taverns and restaurants are part of the fiber of our communities.”

Tribble spoke about how bars and restaurants are contributing to the $29 billion in tourist revenue South Carolina brought in last year, adding that they also contribute to revenue from beer and wine taxes, liquor taxes, sales tax, property tax and income tax.

During his speech, Kilmartin held up a sign that said “Let the Dives Survive,” saying that he is going to be delivering that sign to state Sen. Dick Harpootlian (D-Richland), who has said he has no interest in adjusting liquor liability laws, but rather ensuring insurance companies are differing between restaurants and dive bars.

In a senate subcommittee meeting Harpootlian said “So the dive bar gets put out of business because they can't afford the insurance, and the restaurant rates go down. I mean, it seems to me that's the perfect solution."

Tribble spoke about how these restaurants and dive bars are places that are a community, telling those in attendance that he’s hosting a celebration of life at his dive bar because “our people” don’t fit in at a funeral home or a church.

Sheila Merck, director of operations and communications for the Venue Crisis, added onto this saying that when these restaurants and bars are having problems or need help, it’s the community that steps up.

“That's our community and there's many people standing out here that have the same thing,” Tribble said.

lexington county bars, sc venue crisis, south carolina liquor liability, state rep. jay kilmartin

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