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Council advances business-license schedule update after debate over inspection language
Summary
On first reading Oct. 27, Beaufort County Council advanced an ordinance to adopt the state—s standardized business-license schedule; some members raised constitutional concerns about inspection/audit language and staff recommended committee review of suggested edits before final action.
Beaufort County Council advanced Ordinance 2025/49 on first reading Oct. 27 to amend the county—s business and professional licenses schedule to align with the South Carolina Business License Tax Standardization Act.
County attorney/official Mr. Atkinson explained the state law requires the county to adopt the standard business license class schedule by Dec. 31 of odd-numbered years and that Appendix B of the ordinance adjusts six industry sectors based on recent statistical averages. "I'll be happy to answer any questions," Atkinson said.
A council member raised a constitutional concern about Section 10 and the enforcement language that empowers licensed officials to enter premises and examine books and records. "I'm worried about that because I feel like that's a violation of the constitution of the fourth amendment and the South Carolina constitution," the council member said, urging caution about language that could be interpreted to permit warrantless searches.
Atkinson responded that enforcement actions must comply with constitutional protections and that the ordinance mirrors state enabling legislation; he recommended that specific proposed edits emailed by council members be vetted by committee and legal staff. "What we're doing tonight, what I would recommend is that this come back and your suggested changes come back to a committee for discussion," he said, adding that staff would work with the municipal association and legal stakeholders to ensure compliance.
The council held a first-reading vote that moved the ordinance forward; the vote on first reading was recorded in the meeting as nine in favor and three opposed. The ordinance can be amended in committee and will return for final consideration before the December deadline to conform with state timing.
Next steps: staff and legal counsel will review suggested language changes and proposed edits will be considered by committee before final ordinance adoption.
