Current Status Bill Number:
3280Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970121Primary Sponsor: QuinnAll Sponsors: Quinn, Rice, Simrill, Easterday, Inabinett, Maddox, Meacham, Littlejohn, Chellis, Cato, Hamilton, Seithel, Lloyd, Neal, Martin, Allison, Mullen, Pinckney, J. Smith, Moody-Lawrence, Altman, Miller, Leach, Tripp, F. Smith, McLeod, Davenport, R. Smith, Beck, Hodges, Haskins, Young and HowardDrafted Document Number: dka\3965ac.97Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Tobacco, cigarettes; minor not to have in possession, vending machine provisions; Agriculture
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970121 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING OR FURNISHING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE FINES, TO REQUIRE TOBACCO PRODUCT VENDING MACHINE PLACEMENT IN AN AREA INACCESSIBLE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, AND TO PROVIDE PENALTIES INCLUDING THE REVOCATION OR SUSPENSION OF THE VENDOR'S BUSINESS LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any a substitute therefor for these. Any A person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:
(1) for a first offense, by a fine not exceeding twenty-five fined not more than five hundred dollars or imprisoned not more than thirty days, or both;
(2) for a second offense, by a fine not exceeding fifty fined one thousand dollars or imprisoned one year, or both; and
(3) for a third or subsequent offense, by a fine of not less than one hundred fined five thousand dollars or imprisonment for not more than imprisoned one year nor less than sixty days, or both.
One-half of any fine imposed shall must be paid to the informer of the offense and the other half to the treasurer of the county in which such the conviction shall be had is obtained.
(B) A vending machine which dispenses cigarettes or other tobacco products must be placed in an area in which the vending machine is inaccessible to persons under eighteen years of age. The area must be under the visual observation of a designated employee. A person violating this section is subject to the same penalties as are applicable to violations of subsection (A).
(C) In addition to the penalties set forth in subsections (A) and (B), if a person who is convicted three times of a violation of subsection (A) or (B), or any combination of these, the court, upon the third conviction, shall forward the name of the offender to the Department of Revenue. The department may suspend for a definite period or revoke the offender's business license granted pursuant to Section 12-21-660 upon the basis of the offender's continued violation of the law with respect to the sale of tobacco products. Notification of the department's decision to suspend or revoke the business license may be served by certified mail or personally.
(D) The department may review and determine whether a new license may be issued under guidelines established by the department in regulation.
(E) Appeals from a decision of the department are to an administrative law judge as provided under Article 5, Chapter 23, Title 1."
SECTION 2. This act takes effect upon approval by the Governor.