S 822 Session 110 (1993-1994)
S 0822 General Bill, By Bryan, Ford, Giese, Jackson, Martin, Moore,
L.E. Richter, Russell and Thomas
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
12-21-695 so as to require retailers selling tobacco products to obtain a
tobacco sales license from the South Carolina Tax Commission, to allow tobacco
products sales only to persons eighteen years of age or older, and to provide
penalties; to add Section 16-17-505 so as to create offenses for distributing
tobacco samples, coupons, or other promotional materials to persons under
eighteen years of age and to provide penalties and an affirmative defense; to
require the South Carolina Tax Commission to provide information on tobacco
sales licenses to affected retail license holders; and to repeal Section
16-17-500 relating to the unlawful sale of tobacco products to minors.
06/02/93 Senate Introduced and read first time SJ-92
06/02/93 Senate Referred to Committee on Judiciary SJ-91
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 12-21-695 SO TO REQUIRE RETAILERS
SELLING TOBACCO PRODUCTS TO OBTAIN A TOBACCO
SALES LICENSE FROM THE SOUTH CAROLINA TAX
COMMISSION, TO ALLOW TOBACCO PRODUCTS SALES ONLY
TO PERSONS EIGHTEEN YEARS OF AGE OR OLDER, AND TO
PROVIDE PENALTIES; TO ADD SECTION 16-17-505 SO AS TO
CREATE OFFENSES FOR DISTRIBUTING TOBACCO SAMPLES,
COUPONS, OR OTHER PROMOTIONAL MATERIALS TO
PERSONS UNDER EIGHTEEN YEARS OF AGE AND TO PROVIDE
PENALTIES AND AN AFFIRMATIVE DEFENSE; TO REQUIRE
THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE
INFORMATION ON TOBACCO SALES LICENSES TO AFFECTED
RETAIL LICENSE HOLDERS; AND TO REPEAL SECTION
16-17-500 RELATING TO THE UNLAWFUL SALE OF TOBACCO
PRODUCTS TO MINORS.
Whereas, the General Assembly of the State of South Carolina finds that
access to tobacco by those under the legal age is a major problem in
South Carolina despite the best previous efforts of this body and of the
South Carolina law enforcement community; and
Whereas, the General Assembly further recognizes that the current law
and enforcement strategy has proved inadequate to the task of restricting
access to a contemporary youth population that enjoys unprecedented
mobility and personal resources in their recreational pursuits; and
Whereas, the General Assembly further finds that the Surgeon General
has determined that nicotine is a very powerful addictive drug, to youth
in particular, who are most susceptible to the tobacco industry's massive
advertising campaigns which have sought to link tobacco use with
athletic activities and an attractive, desirable lifestyle; and
Whereas, the General Assembly acknowledges the overwhelming
medical evidence that tobacco use is the leading preventable cause of
illness and death in this country, including lung cancer, heart disease,
and other pulmonary and cardiovascular afflictions, draining our nation's
economy of more than one billion dollars each year in health care costs
and lost productivity. Now, therefore
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 12-21-695. (A) Every location with a retail license
issued pursuant to Chapter 36 which sells cigarettes, tobacco, and other
products taxed pursuant to Section 12-21-620, including locations with
vending machines from which cigarettes may be purchased by the
general public, shall obtain a tobacco sales license from the South
Carolina Tax Commission to sell these tobacco products which only may
be sold to a person eighteen years of age or older.
(B) The annual license fee is ten dollars, and at a minimum the
license shall contain the name of the licensee and the address of the
location.
(C) A person violating this section is subject to a civil fine of two
hundred fifty dollars and license suspension of ninety days. For a
subsequent violation, a person is subject to a civil fine of five hundred
dollars and license suspension of one hundred eighty days. In addition,
the tobacco inventory of a person violating this section may be
seized."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-17-505. (A) The distribution of tobacco product
samples on a public street or at a public gathering is unlawful except in
places where a person must be eighteen years of age or older to be
admitted.
(B) The distribution of coupons, vouchers, or other promotional
material that may be redeemed or exchanged for tobacco products is
unlawful unless the coupon, voucher, or other promotional material
states that the offer is available only to a person eighteen years of age or
older and is distributed in accordance with subsection (A).
(C) A person violating this section is guilty of a misdemeanor and,
upon conviction, must be fined not less than one hundred dollars.
(D) It is an affirmative defense to a prosecution under this section
that the defendant or an agent or employee of the defendant in good faith
reasonably relied upon a picture identification stating the persons age or
date of birth to whom tobacco samples, coupons, vouchers, or other
promotional materials were distributed.
(E) A person who presents a picture identification to obtain tobacco
samples, coupons, vouchers or other promotional material which is
fraudulent or contains false information concerning the person's age or
date of birth is guilty of a misdemeanor and, upon conviction, must be
fined not less than twenty-five dollars."
SECTION 3. Section 16-17-500 of the 1976 Code is repealed.
SECTION 4. Within one hundred twenty days of this act's effective
date the South Carolina Tax Commission shall contact and provide
information to persons holding retail licenses who are or may be subject
to the tobacco sales license as provided for in Section 12-21-695 of the
1976 Code, as added by Section 1 of this act, and tobacco sales licenses
must be obtained before January 1, 1994.
SECTION 5. This act takes effect upon approval by the Governor.
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