S 0533 General Bill, By Alexander, Ford, Hayes, Leatherman, Martin, Moore, 
Waldrep and Washington
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-15-311 SO AS TO PERMIT COUNTIES OR MUNICIPALITIES TO HOLD REFERENDUMS, UPON
 PASSAGE OF AN ORDINANCE, TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS
 THEREOF CONSIDER NUDE OR SEMI-NUDE DANCING IN A PUBLIC PLACE OR IN ANY OTHER
 PLACE WITHIN THAT COUNTY OR MUNICIPALITY WHICH IS READILY VISIBLE TO THE
 PUBLIC TO BE PATENTLY OFFENSIVE CONDUCT APPEALING TO A PRURIENT INTEREST IN
 NUDITY AND SEX THEREBY VIOLATING THE CONTEMPORARY COMMUNITY STANDARDS OF THE
 COUNTY OR MUNICIPALITY, AND TO PROVIDE THAT SOLICITORS, PROSECUTING ATTORNEYS,
 AND LAW ENFORCEMENT OFFICIALS MAY CONSIDER THE RESULTS OF ANY SUCH REFERENDUM
 WHEN DETERMINING WHETHER OR NOT TO CHARGE AND PROSECUTE VIOLATIONS OF SECTION
 16-15-305 RELATING TO OBSCENE MATERIALS AND CONDUCT.

   03/12/97  Senate Introduced and read first time SJ-9
   03/12/97  Senate Referred to Committee on Judiciary SJ-9

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-311 SO AS TO PERMIT COUNTIES OR MUNICIPALITIES TO HOLD REFERENDUMS, UPON PASSAGE OF AN ORDINANCE, TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS THEREOF CONSIDER NUDE OR SEMI-NUDE DANCING IN A PUBLIC PLACE OR IN ANY OTHER PLACE WITHIN THAT COUNTY OR MUNICIPALITY WHICH IS READILY VISIBLE TO THE PUBLIC TO BE PATENTLY OFFENSIVE CONDUCT APPEALING TO A PRURIENT INTEREST IN NUDITY AND SEX THEREBY VIOLATING THE CONTEMPORARY COMMUNITY STANDARDS OF THE COUNTY OR MUNICIPALITY, AND TO PROVIDE THAT SOLICITORS, PROSECUTING ATTORNEYS, AND LAW ENFORCEMENT OFFICIALS MAY CONSIDER THE RESULTS OF ANY SUCH REFERENDUM WHEN DETERMINING WHETHER OR NOT TO CHARGE AND PROSECUTE VIOLATIONS OF SECTION 16-15-305 RELATING TO OBSCENE MATERIALS AND CONDUCT.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-15-311. (A) Counties and municipalities are authorized to hold referendums in the manner provided by this section to determine whether or not the qualified electors thereof consider nude or semi-nude dancing in a public place or in any other place within that county or municipality which is readily visible to the public to be patently offensive conduct appealing to a prurient interest in nudity and sex thereby violating the contemporary community standards of the county or municipality. The counties and municipalities are authorized to hold such referendums at the same time as the general election beginning with the 1998 general election and in subsequent general elections as provided herein.

(B) The referendum must be held upon the passage of an ordinance by the governing body of the county or municipality providing for the referendum.

(C) The question put before the voters shall read as follows:

'Do you believe that nude or semi-nude dancing in a public place or in any other place within (insert name of county or municipality) is patently offensive conduct appealing to a prurient interest in nudity and sex which thereby violates the contemporary community standards of (insert name of county or municipality)?'

(D) Solicitors, prosecuting attorneys, and law enforcement officials may consider the results of any such referendum when determining whether or not to charge and prosecute violations of Section 16-15-305 relating to obscene materials and conduct.

(E) Once a referendum is held as authorized by this section, subsequent referendums may not be held for a period of four years from the date of the previous referendum.

(F) The state election laws apply to the referendum provided in this section, mutatis mutandis. The appropriate county or municipal election commissions shall conduct the referendum, advertise the dates thereof at least ninety days before the referendum, furnish and count the ballots, and declare the results. The cost of the referendum shall be borne by the county or municipality involved."

SECTION 2. This act takes effect upon approval by the Governor.