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S. 732
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell and Ford
Document Path: l:\s-jud\bills\mcconnell\jud0086.kw.doc
Introduced in the Senate on May 2, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Gambling
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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5/2/2007 Senate Introduced and read first time SJ-6
5/2/2007 Senate Referred to Committee on Judiciary SJ-6
5/7/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
1/29/2008 Senate Referred to Subcommittee: Gregory (ch), Ford, Hutto,
Cleary, Campbell
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO CLARIFY THE ACTIVITIES THAT ARE UNLAWFUL GAMBLING, TO AMEND THE PENALTIES TO BE THE SAME OR SIMILAR, AND TO CREATE AN EXCEPTION FOR CERTAIN GAMES WITH CARDS OR DICE ORGANIZED AS A FUNDRAISING ACTIVITY OF LIMITED DURATION BY A NONPROFIT ORGANIZATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense.
(A) For the purposes of this section, 'nonprofit organization' means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes and which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), 501(c)(10), or 501(c)(19).
(B) If an individual plays for gambling purposes at a tavern, bar, restaurant, inn, or store that sells alcoholic liquors, wine, or beer or in a house, barn, kitchen, stable, or other outlying building, street, highway, open wood, race field, or open place used as a place of gambling at:
(1) a game with cards or dice;
(2) a gaming table, including, but not limited to, ones commonly called A. B. C. or E. O, a roulette table, a roley-poley table, a rouge et noir table, a faro bank, or other table or bank of the same or similar kind labeled under any denomination; or
(3) a machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes,
then the individual, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.
(C) A person who is present, places bets, or bets on the side or on the hands of anyone who plays for gambling purposes pursuant to the provisions of subsection (B) shall, upon conviction, be fined not more than one hundred dollars or imprisoned for not more than thirty days, or both.
(D) A person who keeps a tavern, inn, retail store, public place, or house used for gambling purposes, or any other building of this kind, pursuant to the provisions of subsection (B) shall, upon conviction, be fined not less than two hundred dollars and not more than five hundred dollars, or imprisoned for not more than thirty days, or both.
(E) Games of cards or dice, billards, bowls, backgammon, chess, draughts, or whist, when there is no betting and when there are no awards for cash, prizes, or additional play, are exempted from the provisions of subsection (B).
(F) Except as specifically provided in Section 8, Article XVII of the Constitution of South Carolina, 1895, the provisions of subsection (B)(1) or subsection (B)(2) do not apply to a nonprofit organization that organizes certain games with cards or dice, including, but not limited to, games commonly referred to as five-card draw, Texas hold'em, and seven card stud, when the activities are held as a fundraising activity of limited duration by the nonprofit organization."
SECTION 2. This act takes effect upon approval by the Governor.
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