S 0539 General Bill, By M.T. Rose
 A Bill to amend Chapter 13, Title 61, Code of Laws of South Carolina, 1976,
 relating to alcohol and alcoholic beverages, by adding Article 5 so as to
 prohibit the advertising and marketing of alcoholic beverages to minors; to
 amend Section 61-3-20, relating to definitions for Title 61, Article 3 of
 Chapter 13, so as to set forth additional definitions; and to amend Section
 16-17-500, relating to supplying tobacco to minors, so as to also prohibit the
 advertising and marketing of tobacco to minors.

   01/23/91  Senate Introduced and read first time SJ-9
   01/23/91  Senate Referred to Committee on Judiciary SJ-9

A BILL

TO AMEND CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, BY ADDING ARTICLE 5 SO AS TO PROHIBIT THE ADVERTISING AND MARKETING OF ALCOHOLIC BEVERAGES TO MINORS; TO AMEND SECTION 61-3-20, RELATING TO DEFINITIONS FOR TITLE 61, ARTICLE 3 OF CHAPTER 13, SO AS TO SET FORTH ADDITIONAL DEFINITIONS; AND TO AMEND SECTION 16-17-500, RELATING TO SUPPLYING TOBACCO TO MINORS, SO AS TO ALSO PROHIBIT THE ADVERTISING AND MARKETING OF TOBACCO TO MINORS.

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 61-13-1000. This act is known and may be cited as the `Alcoholic Beverage Advertising and Marketing Control Act'.

Section 61-13-1010. It is the policy of the State of South Carolina 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.

Section 61-13-1020. It shall be unlawful to promote, sell, advertise, market, or display any `alcoholic beverage advertisement' or `youth consumer goods' as defined in section 61-3-20. A violation of the provisions of this section constitutes a misdemeanor punishable by a fine not exceeding two hundred dollars or imprisonment for a period not exceeding six months. 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."

SECTION 2. Section 61-3-20 of the 1976 Code is amended by adding:

"(6) The words `alcoholic beverage advertisement' mean any advertisement which would have the effect, or is intended to have the effect, of enticing a minor to use, consume, or purchase an alcoholic beverage.

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

(8) The word `minor' means any person who has not yet reached the age of twenty-one years.

(9) The words `youth consumer goods' mean any 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 3. Section 16-17-500 of the 1976 Code is amended to read:

"(1) It shall be unlawful for any person to sell, furnish, give, or provide to any minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefor.

(2) It shall be unlawful to promote, sell, advertise, market, or display to any minor cigarettes, tobacco, cigarette paper, or any substitute therefor.

Any person violating the provisions of this section, either in person, by agent, or in any other way, shall be guilty of a misdemeanor and upon indictment and conviction therefor shall be punished by a fine not exceeding one hundred dollars or by imprisonment for a term of not more than one year nor less than two months, 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."

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