H 3560 Session 112 (1997-1998)
H 3560 General Bill, By Beck, Easterday, Fleming, Hamilton, Harvin, Hawkins,
Mason, Robinson, Sharpe, R. Smith and D. Smith
Similar(H 4344)
A BILL TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED
NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS
PROVISION DOES NOT PROHIBIT THE REGULATION OF THESE MACHINES PURSUANT TO THE
VIDEO GAMES MACHINES ACT, INCLUDING ITS LOCAL OPTION REGULATION PROVISIONS
OTHER THAN REGULATION OF THESE MACHINES; TO AMEND SECTION 12-21-2720, AS
AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO ALLOW
MUNICIPALITIES AND COUNTIES TO IMPOSE LOCAL LICENSE FEES NOT TO EXCEED THE
AMOUNT OF THE STATE FEE AND TO DELETE THE RESTRICTION ON MUNICIPALITIES ON
REGULATING THE NUMBER OF MACHINES; TO AMEND SECTION 12-21-2746, RELATING TO
THE LIMIT ON MUNICIPAL AND BUSINESS LICENSE TAXES THAT MAY BE IMPOSED ON THE
COIN-OPERATED MACHINE BUSINESS, SO AS TO DELETE THE LIMIT; AND TO AMEND
SECTION 12-21-2804, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE TO
REGULATE MACHINES AS DEFINED IN THE VIDEO GAME MACHINE ACT MORE STRICTLY THAN
THE STATE RESTRICTIONS IMPOSED PURSUANT TO THAT ACT.
02/27/97 House Introduced and read first time HJ-7
02/27/97 House Referred to Committee on Ways and Means HJ-7
A BILL
TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF
THE GAMBLING OFFENSES TO COIN-OPERATED
NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO
AS TO CLARIFY THAT THIS PROVISION DOES NOT
PROHIBIT THE REGULATION OF THESE MACHINES
PURSUANT TO THE VIDEO GAMES MACHINES ACT,
INCLUDING ITS LOCAL OPTION LOCAL REGULATION
PROVISIONS OTHER THAN REGULATION OF THESE
MACHINES; TO AMEND SECTION 12-21-2720, AS AMENDED,
RELATING TO LICENSES FOR COIN-OPERATED DEVICES,
SO AS TO ALLOW MUNICIPALITIES AND COUNTIES TO
IMPOSE LOCAL LICENSE FEES NOT TO EXCEED THE
AMOUNT OF THE STATE FEE AND TO DELETE THE
RESTRICTION ON MUNICIPALITIES ON REGULATING THE
NUMBER OF MACHINES; TO AMEND SECTION 12-21-2746,
RELATING TO THE LIMIT ON MUNICIPAL AND BUSINESS
LICENSE TAXES THAT MAY BE IMPOSED ON THE
COIN-OPERATED MACHINE BUSINESS, SO AS TO DELETE
THE LIMIT; AND TO AMEND SECTION 12-21-2804, SO AS TO
ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE
TO REGULATE MACHINES AS DEFINED IN THE VIDEO
GAME MACHINE ACT MORE STRICTLY THAN THE STATE
RESTRICTIONS IMPOSED PURSUANT TO THAT ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 16-19-60 of the 1976 Code is amended to
read:
"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50
shall extend to coin-operated nonpayout machines with a free play
feature; provided, that nothing herein shall authorize the licensing,
possession, or operation of any machine which disburses money to
the player. Provided, further, that nothing in Sections 16-19-40,
16-19-50, or 16-19-60 extends to video game machines with a free
play feature. Nothing in this section shall be deemed to preempt or
prohibit the regulation of video games pursuant to Article 20 of Title
12, the Video Games Machines Act, including the prohibition on
payoffs and location of these machines in counties where such
payouts and machines are prohibited under the local option
provisions of that article and the regulation of these machines by
county or municipal ordinances as provided in that article. Nothing
in state law shall be deemed to preempt city or county regulation of
video game machines."
SECTION 2. Subsections (B) and (D) of Section 12-21-2720 of
the 1976 Code, as last amended by Act 164 of 1993, are further
amended to read:
"(B) No municipality may limit the number of machines
within the boundaries of the municipality. A municipality may
by ordinance impose a license fee on machines licensed pursuant to
subsection (A)(3) of this section in an amount not exceeding ten
percent of the license fee imposed pursuant to subsection (A) for
the equivalent license period.
(D) A county may by ordinance impose a license fee on machines
licensed pursuant to subsection (A)(3) of this section located in an
unincorporated area of the county in an amount not exceeding ten
percent of the regular license fee imposed pursuant to subsection
(A) for the equivalent license period."
SECTION 3. Section 12-21-2746 of the 1976 Code is amended to
read:
"Section 12-21-2746. Municipalities and counties may levy a
license tax on the business taxed under this article, but in no case
may a tax so levied exceed one-half of the amount levied by the State
before March 28, 1956."
SECTION 4. Section 12-21-2804 of the 1976 Code, as added by
Act 164 of 1993, is amended by adding an appropriately lettered
subsection at the end to read:
"( ) Counties and municipalities by ordinance may not prohibit
machines in the jurisdiction but may impose regulations on machines
located within their jurisdiction more restrictive than those provided
in this article including, but not limited to, number of machines in a
single place or premises, limits on payouts, hours of operation, age
of players, proximity requirements, and further definitions of single
place or premises. In addition to establishing criminal penalties as
provided by law for violations of these ordinances, a county or
municipality also may provide by ordinance for enforcement by
means of civil penalties and seizure of machines operating in
violation of ordinances. The jurisdiction of counties with respect to
this subsection extends only to unincorporated areas of the county."
SECTION 5. This act takes effect on the first day of the second
month following approval by the Governor.
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