S 0153 General Bill, By M.T. Rose
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 5
 to Chapter 13, Title 61, so as to prohibit the advertising and marketing of
 alcoholic beverages and youth consumer goods to minors; to amend Section
 61-3-20, pertaining to alcoholic beverages, so as to define additional terms;
 and to amend Section 16-17-500, relating to supplying tobacco to minors, so as
 to prohibit the advertising and marketing of tobacco to minors.

   01/12/93  Senate Introduced and read first time SJ-67
   01/12/93  Senate Referred to Committee on Judiciary SJ-67

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 13, TITLE 61, SO AS TO PROHIBIT THE ADVERTISING AND MARKETING OF ALCOHOLIC BEVERAGES AND YOUTH CONSUMER GOODS TO MINORS; TO AMEND SECTION 61-3-20, PERTAINING TO ALCOHOLIC BEVERAGES, SO AS TO DEFINE ADDITIONAL TERMS; AND TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING TOBACCO TO MINORS, SO AS TO PROHIBIT THE ADVERTISING AND MARKETING OF TOBACCO TO MINORS.

Whereas, it is the policy of this State to prohibit advertising and marketing of alcoholic beverages and consumer goods which are targeted to minors or tend to attract minors more than other members of the public. Now, therefore,

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

SECTION 1. Chapter 13, Title 61 of the 1976 Code is amended by adding:

"Article 5

Section 61-13-1010. This article may be cited as the `Alcoholic Beverage Advertising and Marketing Control Act'.

Section 61-13-1020. It is unlawful to promote, sell, advertise, market, or display an `alcoholic beverage advertisement' or `youth consumer goods' as defined in Section 61-3-20. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than six months. One half of a fine imposed must be paid to the informer of the offense and one half to the treasurer of the county in which the conviction occurs. If there is no informer, the entire fine must be paid to the treasurer."

SECTION 2. Section 16-17-500 of the 1976 Code is amended to read:

"Section 16-17-500. It shall be is unlawful for any a person to sell, furnish, give, or provide any minor a person under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any a substitute therefor for them. It is unlawful to promote, sell, advertise, market, or display to a person under the age of eighteen years cigarettes, tobacco, cigarette paper, or a substitute for them. 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 be punished by a fine must be fined not exceeding more than one hundred dollars nor less than twenty-five dollars or by imprisonment for a term of imprisoned not more than one year nor less than two months, or both, in the discretion of the court. One half of any a fine imposed shall must be paid to the informer of the offense and the other one half to the treasurer of the county in which such the conviction shall be had occurs. If there is no informer, the entire fine must be paid to the treasurer."

SECTION 3. Section 61-3-20 of the 1976 Code is amended to read:

"Section 61-3-20. As used in this chapter, Chapter 7, and Article Articles 3 and 5 of Chapter 13, unless the context clearly requires otherwise:

(1) The words `Alcoholic liquors' mean any means a spirituous malt, vinous, fermented, or brewed, (whether lager or rice beer), or other liquors or any a compound or mixture thereof by whatever name called or known of them which contains alcohol and is used as a beverage, but shall. It does not extend to:

(a) wine when manufactured or made for home consumption and which is not sold by the maker thereof or by any other another person; or

(b) Any a beverage declared by statute to be nonalcoholic or nonintoxicating;.

(2) The word `Manufacturer' means any a person operating a plant or place of business within this State for distilling, rectifying, brewing, fermenting, blending, or bottling any alcoholic liquors;.

(3) The word `Wholesaler' means any a person who shall from without the State purchase purchases, acquire acquires, or import imports or who shall purchase purchases or acquire acquires from a manufacturer within the State any alcoholic liquor for resale;.

(4) The words `Retail dealer' shall mean any means a holder of a license issued under the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13, other than a manufacturer or wholesaler; and.

(5) The word `Commission' shall mean means the South Carolina Alcoholic Beverage Control Commission.

(6) `Alcoholic beverage advertisement' means an advertisement which has the effect or is intended to have the effect of enticing a minor to use, consume, or purchase an alcoholic beverage.

(7) `Market' means the display of an alcoholic beverage advertisement or sale of youth consumer goods in toy stores, toy departments of stores, a children's store, or a children's department of a store.

(8) `Minor' means a person younger than twenty-one years of age.

(9) `Youth consumer goods' mean toys, clothes, or merchandise which displays, advertises, or promotes an alcoholic beverage and which is more likely than not purchased by or for the use of a minor."

SECTION 4. This act takes effect upon approval by the Governor.