H 3488 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, so as to
 provide that no county or municipality may limit the number of machines within
 the jurisdiction and delete references to local license fee limits; to amend
 Section 12-21-2746, relating to the levy of an additional local license tax,
 so as to authorize counties and municipalities to license the premises on
 which certain types of coin-operated devices may be installed and to provide
 maximum fees for such licenses, to provide the procedures for paying these
 fees, to make it unlawful to maintain the devices without the applicable local
 license, and to provide penalties for violations, to provide for periods of
 revocation of the license if a licensee or agent of the licensee is convicted
 of a gambling offense; and to repeal Section 16-19-60, relating to
 nonapplication of various gambling offenses to coin-operated nonpayout
 machines with a free play feature and the clarification that the Section does
 not authorize machines which dispense money to players.

   02/11/93  House  Introduced and read first time HJ-32
   02/11/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-33
   01/18/94  House  Tabled in committee

A BILL

TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO PROVIDE THAT NO COUNTY OR MUNICIPALITY MAY LIMIT THE NUMBER OF MACHINES WITHIN THE JURISDICTION AND DELETE REFERENCES TO LOCAL LICENSE FEE LIMITS; TO AMEND SECTION 12-21-2746, RELATING TO THE LEVY OF AN ADDITIONAL LOCAL LICENSE TAX, SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES TO LICENSE THE PREMISES ON WHICH CERTAIN TYPES OF COIN-OPERATED DEVICES MAY BE INSTALLED AND TO PROVIDE MAXIMUM FEES FOR SUCH LICENSES, TO PROVIDE THE PROCEDURES FOR PAYING THESE FEES, TO MAKE IT UNLAWFUL TO MAINTAIN THE DEVICES WITHOUT THE APPLICABLE LOCAL LICENSE, AND TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR PERIODS OF REVOCATION OF THE LICENSE IF A LICENSEE OR AGENT OF THE LICENSEE IS CONVICTED OF A GAMBLING OFFENSE; AND TO REPEAL SECTION 16-19-60, RELATING TO NONAPPLICATION OF VARIOUS GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE AND THE CLARIFICATION THAT THE SECTION DOES NOT AUTHORIZE MACHINES WHICH DISPENSE MONEY TO PLAYERS.

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

SECTION 1. Section 12-21-2720(B) of the 1976 Code, as last amended by Act 501 of 1992, is further amended to read:

"(B) Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than 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 Section 12-21-2720(2) and may not exceed one hundred dollars for the machines described in Section 12-21-2720(3).

(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.

A 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.