H 3104 General Bill, By J.H. Hodges, Fair and Haskins
 A Bill to amend Section 12-21-2720, as amended, Code of Laws of South
 Carolina, 1976, relating to licenses for coin operated devices or machines, so
 as to provide that a municipality or county may not limit the number of
 machines within its boundaries; to amend Section 12-21-2746, relating to the
 levy of an additional local license tax, so as to specifically designate
 premises which are subject to the tax and procedures for licensing; and to
 repeal Section 16-19-60, relating to the provisions that Sections 16-19-40
 (Unlawful Games and Betting) and 16-19-50 (Keeping Unlawful Gaming Tables) do
 not extend to coin-operated nonpayout machines with a free play feature and to
 the provision that Section 16-19-60 does not authorize the licensing,
 possession, or operation of a machine which disburses money to the player.

   12/27/90  House  Prefiled
   12/27/90  House  Referred to Committee on Ways and Means
   01/08/91  House  Introduced and read first time HJ-66
   01/08/91  House  Referred to Committee on Ways and Means HJ-66

A BILL

TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR COIN OPERATED DEVICES OR MACHINES, SO AS TO PROVIDE THAT A MUNICIPALITY OR COUNTY MAY NOT LIMIT THE NUMBER OF MACHINES WITHIN ITS BOUNDARIES; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO SPECIFICALLY DESIGNATE PREMISES WHICH ARE SUBJECT TO THE TAX AND PROCEDURES FOR LICENSING; AND TO REPEAL SECTION 16-19-60, RELATING TO THE PROVISIONS THAT SECTIONS 16-19-40 (UNLAWFUL GAMES AND BETTING) AND 16-19-50 (KEEPING UNLAWFUL GAMING TABLES) DO NOT EXTEND TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND TO THE PROVISION THAT SECTION 16-19-60 DOES NOT AUTHORIZE THE LICENSING, POSSESSION, OR OPERATION OF A MACHINE WHICH DISBURSES MONEY TO THE PLAYER.

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

SECTION 1. The last paragraph of Section 12-21-2720 of the 1976 Code, as last amended by Act 170, Part II, Section 3A, Act 170 of 1987, is further amended to read:

"Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by a sum not to exceed twenty percent. No municipality or county may limit the number of machines within the boundaries of the municipality or county."

SECTION 2. Section 12-21-2746 of the 1976 Code is amended to read:

"Section 12-21-2746. (A) Municipalities and counties may, by ordinance, 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. premises which house (1) machines for the playing of games or amusements which have a free play feature operated by a slot in which is deposited a coin or other thing of value and the machines are of the nonpayout pin table type with levers or flippers operated by the player by which the course of the balls can be altered or changed or (2) machines of the nonpayout type, in-line pin games, or video games with free play feature operated by a slot in which is deposited any coin or other thing of value. Municipalities and counties may impose the license only if the described machines already comply with all of the other provisions of this article. If both the county and municipality pass ordinances to license the premises, the county may not charge a license tax within the incorporated area of the county.

The license fee which the municipalities or counties may charge under this section may not exceed fifty dollars for the machines described in item (2) of Section 12-21-2720 and may not exceed one hundred dollars for the machines described in item (3) of Section 12-21-2720.

(B) In every municipality and county which by ordinance provides for the licensing of premises as authorized by this section, it is required that the premises license fee must be paid and that the premises license must be issued by the municipality or the county, regardless of whether all other provisions of this article have been satisfied. Without a properly issued premises license, the presence of the described machines on the premises is unlawful. Further, if an issued premises license is revoked for any reason by the municipality or county which issued it, the presence of the described machines on the premises is unlawful.

(C) If a licensee under this section or his agent is convicted of violating any of the gambling laws of this State, the premises license issued pursuant to the authority of this section must be revoked for one year for a first offense and for two years for a second and every subsequent offense.

Any person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than six months, or both.

(D) The other provisions of this article are applicable to the premises license authorized and issued under this section."

SECTION 3. Section 16-19-60 of the 1976 Code is repealed.

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