H 3897 General Bill, By Quinn, Alexander, Harrison, J. Rama, T.F. Rogers and 
C.Y. Waites
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 69
 to Title 39 so as to make it unlawful to sell tobacco products by vending
 machines in any public place that is predominantly frequented or used by
 persons under the age of eighteen, provide that a municipality and county
 enforce the provisions of this Chapter, provide penalties for violation, and
 to invalidate ordinances and regulations adopted by municipalities, counties,
 and political subdivisions before the effective date of this Chapter.

   04/11/91  House  Introduced and read first time HJ-31
   04/11/91  House  Referred to Committee on Judiciary HJ-31
   02/26/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-34
   03/05/92  House  Amended HJ-15
   03/05/92  House  Read second time HJ-16
   03/17/92  House  Read third time and sent to Senate HJ-18
   03/18/92  Senate Introduced and read first time SJ-14
   03/18/92  Senate Referred to Committee on Judiciary SJ-14

March 5, 1992

H. 3897

Introduced by REPS. Quinn, Harrison, Rogers, T.C. Alexander, Waites and Rama

S. Printed 3/5/92--H.

Read the first time April 11, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 39 SO AS TO MAKE IT UNLAWFUL TO SELL TOBACCO PRODUCTS BY VENDING MACHINES IN ANY PUBLIC PLACE THAT IS PREDOMINANTLY FREQUENTED OR USED BY PERSONS UNDER THE AGE OF EIGHTEEN, PROVIDE THAT A MUNICIPALITY AND COUNTY ENFORCE THE PROVISIONS OF THIS CHAPTER, PROVIDE PENALTIES FOR VIOLATION, AND TO INVALIDATE ORDINANCES AND REGULATIONS ADOPTED BY MUNICIPALITIES, COUNTIES, AND POLITICAL SUBDIVISIONS BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The purpose of this act is to strengthen existing state laws designed to prevent the sale and distribution of tobacco products to persons under the age of eighteen, and to make the sale and distribution of tobacco products subject to a single uniform system of state regulation.

SECTION 2. Title 39 of the 1976 Code is amended by adding:

Section 39-69-10. As used in this chapter:

(A) `Public place' is an area to which the public is invited or permitted.

(B) `Tobacco product' is a cigarette, cigar, pipe tobacco or chewing tobacco, and snuff.

(C) `Municipality' means an incorporated municipality within which tobacco products are sold or distributed or, in the case of tobacco products that are not sold or distributed within a municipality, the county in which they are sold or distributed.

(D) `County' means an area outside an incorporated municipality.

Section 39-69-20. (A) It is unlawful for any person or entity to sell, or cause to be sold, tobacco in any form by vending machine to any person under the age of eighteen years.

(B) The sale of tobacco in any form at retail through vending machines is prohibited in any public place, or the portion of it, that is predominantly frequented or used by persons under the age of eighteen years, such as a school, amusement or recreational facility.

(C) Tobacco in any form may be sold at retail through vending machines in:

(1) bars and taverns;

(2) food service establishments open to the general public, which are licensed for the sale of spirits;

(3) places to which members of the public, including persons under the age of eighteen years, are not generally permitted access, such as factories, offices, or private clubs.

(D) In all locations not subject to Section 39-69-20(B) or (C), any vending machine through which tobacco is sold at retail in any form must be located in direct sight and under immediate supervision of the owner of the establishment or an employee or agent of the owner. However, the provisions of this chapter do not apply to the owner of the establishment or an employee or agent of the owner if there is a good faith effort to locate the vending machine in direct sight and under the immediate supervision of the owner, employee, or agent.

Section 39-69-30. The owner of the establishment where a vending machine is located must require proof of age from a prospective purchaser if a reasonable person would conclude on the appearance of the prospective purchaser that the purchaser may be under the age of eighteen years.

Section 39-69-40. The provisions of this chapter shall be enforced through actions brought by the municipality or county where the violation allegedly occurred. Any fine or civil money penalty collected for a violation of this chapter must be paid to the clerk of the municipality or county.

Section 39-69-50. (A) A person who sells or distributes any tobacco product to a minor in violation of this chapter, is guilty of a misdemeanor and is subject to:

(1) a fine not to exceed one hundred dollars, for the first violation within a two-year period;

(2) a fine not to exceed two hundred dollars, for the second violation within a two-year period; and

(3) a fine not to exceed five hundred dollars, for the third violation within a two-year period.

(B) The owner of the establishment where the vending machine is located is chargeable with the violation and is subject to a fine or civil penalty. However, if the owner of the establishment has made an employee or agent responsible for supervising the vending machine, the employee or agent may be charged with the violation.

(C) Responsible reliance on proof of age or on the appearance of the purchaser or recipient is a defense to any action for a violation of section.

(D) A person violating Section 39-69-20(D) is guilty of a misdemeanor and, upon conviction, may be fined an amount not to exceed three hundred dollars.

Section 39-69-60. No municipality, county, or other political subdivision in the State may impose any requirement or prohibition concerning the sale or distribution of tobacco products in addition to the requirements and prohibition imposed by this chapter. All of these requirements and prohibitions adopted before the effective date of this chapter by any municipality, county, or other political subdivision of the State are invalid."

SECTION 3. This act takes effect one hundred twenty days after approval by the Governor.