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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-4-55 SO AS TO PROVIDE THAT A RETAILER OF BEER AND WINE MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE LAWFUL AGE FOR PURCHASE OF BEER AND WINE AND TO PROVIDE THAT AN EMPLOYEE OF A RETAILER OF BEER AND WINE WHO IS CONVICTED THREE TIMES OF A VIOLATION OF THE PROVISIONS OF SECTION 61-4-50 MUST BE SUSPENDED FROM SELLING BEER AND WINE FOR ONE YEAR; BY ADDING SECTION 61-4-105 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY CONDUCTING AN AGE VERIFICATION CHECK AT A RETAIL LOCATION TO NOTIFY THE RETAILER WITHIN TEN DAYS WHETHER THE COMPLIANCE CHECK WAS SATISFACTORY OR UNSATISFACTORY; BY ADDING SECTION 61-4-106 SO AS TO PROVIDE THAT WHENEVER A RETAILER OF BEER AND WINE IS FOUND BY THE DEPARTMENT OF REVENUE TO HAVE SOLD BEER OR WINE TO A PERSON UNDER THE AGE OF TWENTY-ONE FOUR OR MORE TIMES WITHIN TWO YEARS, THE RETAILER'S BEER AND WINE PERMIT MUST BE SUSPENDED; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO SUPPLYING MINORS WITH CIGARETTES SO AS TO PROVIDE A DEFINITION FOR THE TERMS "TOBACCO PRODUCT" AND "PERSON", TO PROVIDE THAT A RETAILER OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS OF THIS SECTION, TO PROVIDE THAT AN EMPLOYEE OF A RETAILER OF TOBACCO PRODUCTS WHO IS CONVICTED THREE TIMES OF A VIOLATION OF THE PROVISIONS OF THIS SECTION MUST BE SUSPENDED FROM SELLING TOBACCO PRODUCTS FOR ONE YEAR, TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR POSSESS OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, TO ESTABLISH A PENALTY FOR A VIOLATION OF THIS SECTION BY A PERSON UNDER THE AGE OF EIGHTEEN, TO PROVIDE THAT A VIOLATION OF THIS SECTION DOES NOT EFFECT A RETAILER'S BEER AND WINE PERMIT, AND TO PROVIDE THAT A PERSON UNDER THE AGE OF EIGHTEEN CONVICTED OF A VIOLATION OF THIS SECTION MAY HAVE HIS RECORD EXPUNGED WHEN HE ATTAINS THE AGE OF EIGHTEEN AND HAS PAID THE FINE AND COMPLETED COMMUNITY SERVICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-55. (A) A retailer of beer and wine shall train its retail sales employees regarding the provisions of Section 61-4-50.
(B) If a violation of Section 61-4-50 occurs, a retailer of beer and wine who provides proof that he has complied with the provisions of this article, and that the majority of the current employees have received training pursuant to the provisions of this section, or other training approved by the Department of Revenue, must have the fine and any suspension period reduced.
(C) An employee of a retailer of beer and wine who is convicted of a violation of Section 61-4-50 three times in a three-year time period must be suspended by the retailer from selling beer or wine for a period of one year from the date of the last conviction."
SECTION 2. Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-105. A law enforcement agency that conducts an age verification check at a retail location shall notify the retailer in writing as to whether the compliance check was satisfactory or unsatisfactory, the retail location that was checked, and the date that the compliance check took place. The law enforcement agency shall notify the retailer within ten days of the completion of the compliance check."
SECTION 3. Article 1, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-106. Notwithstanding another provision of law or regulation to the contrary, whenever a retailer of beer and wine is found by the South Carolina Department of Revenue to have violated the provisions of Section 61-4-50 by selling beer or wine to a person under the age of twenty-one years or by permitting the sale of beer or wine to a person under the age of twenty-one years four or more times within two years, the retailer's beer and wine permit must be suspended or revoked by the department and no monetary penalty will be accepted in lieu of suspension or revocation."
SECTION 4. 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) As used in this section:
(1) 'tobacco product' means a product that contains tobacco and is intended for human consumption; and
(2) 'person' means an individual and does not mean a firm, partnership, corporation, company, association, club, or commercial entity of which the person is associated.
(B) 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 substitute therefore a tobacco product. Any A person violating the provisions of this section, either in person, by agent or in any other another 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 dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both fined not more than one hundred dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than sixty days, or both, in the discretion of the court.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(C) A retailer of tobacco products must train its retail sales employees regarding the provisions of this section. A retailer of tobacco products who provides proof that he has complied with the provisions of this section, and that the majority of the current employees have received training pursuant to the provisions of this section, or other training approved by the Department of Revenue, must have the fine and any suspension reduced.
(D) An employee of a retailer of tobacco products who is convicted of a violation of this section three times in a three-year time period must be suspended by the retailer from selling tobacco products for a period of one year from the date of the last conviction.
(E) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than eighteen years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than eighteen years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than eighteen years of age may be enlisted by the South Carolina Department of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.
(F) It is unlawful for an individual less than eighteen years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(G) A person under the age of eighteen who violates a provision of this section is guilty of a misdemeanor and, upon conviction, must perform twenty hours of community service or must be fined not less than twenty-five dollars nor more than one hundred dollars.
(H) Notwithstanding another provision of law, a violation of this section does not affect a retailer's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.
(I) A person who is less than eighteen years of age and who has been convicted of violating a provision of this section may have his record expunged upon becoming eighteen years of age if he has paid the fine imposed upon him and successfully completed court-ordered community service."
SECTION 5. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 10:01 A.M.