S*0003(Rat #0007, Act #0005 of 2013)  General Bill, By L. Martin, Hayes, Fair and 
Campsen

Similar(H 3025)
 AN ACT TO AMEND SECTION 61-2-180, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO BINGO, RAFFLES, AND OTHER SPECIAL EVENTS, SO AS TO CLARIFY THAT
 THIS SECTION IS NOT AN EXCEPTION OR LIMITATION TO ACTIVITIES, DEVICES, OR
 MACHINES THAT ARE PROHIBITED BY SECTION 12-21-2710 OR OTHER PROVISIONS THAT
 PROHIBIT GAMBLING; AND TO AMEND SECTION 61-4-580, RELATING TO GAME PROMOTIONS
 ALLOWED BY HOLDERS OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO
 CLARIFY THAT THIS SECTION DOES NOT AUTHORIZE THE USE OF AN ACTIVITY, DEVICE,
 OR MACHINE THAT IS PROHIBITED BY SECTION 12-21-2710 OR BY OTHER PROVISIONS
 THAT PROHIBIT GAMBLING. - ratified title

   12/13/12  Senate Prefiled
   12/13/12  Senate Referred to Committee on Judiciary
   12/14/12  Senate Referred to Subcommittee: Massey (ch), Coleman,
                     Gregory, Corbin, Allen
   01/08/13  Senate Introduced and read first time (Senate Journal-page 18)
   01/08/13  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 18)
   01/09/13  Senate Committee report: Majority favorable, minority
                     unfavorable Judiciary (Senate Journal-page 14)
   01/15/13  Senate  Minority Report Removed (Senate Journal-page 12)
   01/15/13  Senate Read second time (Senate Journal-page 12)
   01/15/13  Senate Roll call Ayes-40  Nays-2 (Senate Journal-page 12)
   01/16/13  Senate Read third time and sent to House
                     (Senate Journal-page 19)
   01/17/13  House  Introduced and read first time (House Journal-page 12)
   01/17/13  House  Referred to Committee on Judiciary
                     (House Journal-page 12)
   02/06/13  House  Committee report: Favorable Judiciary
                     (House Journal-page 2)
   02/19/13  House  Requests for debate-Rep(s). Rutherford, Neal,
                     Brannon, JE Smith, Sandifer, Pitts, Merrill,
                     Munnerlyn, Sabb, Hart, Alexander, Williams,
                     King, Mitchell, Weeks, Hosey, Anderson, RL
                     Brown, Forrester, Tallon, Nanney, Henderson,
                     Ryhal, Wood, Gilliard, Loftis, JR Smith,
                     Bedingfield, Robinson-Simpson, McEachern,
                     Taylor, Hixon, Douglas (House Journal-page 32)
   02/20/13  House  Debate adjourned until Thur., 2-28-13
                     (House Journal-page 42)
   02/27/13  House   Reconsider vote whereby debate adjourned to
                     Thur., 2-28-13 (House Journal-page 61)
   02/27/13  House  Debate adjourned until Wed., 3-6-13
                     (House Journal-page 61)
   03/06/13  House  Debate adjourned until Tues., 3-19-13
                     (House Journal-page 37)
   03/20/13  House  Read second time (House Journal-page 23)
   03/20/13  House  Roll call Yeas-88  Nays-26 (House Journal-page 24)
   03/21/13  House  Read third time and enrolled (House Journal-page 34)
   03/21/13         Ratified R 7
   03/22/13         Signed By Governor
   04/03/13         Effective date 03/22/13
   04/03/13         Act No. 5

(A5, R7, S3)

AN ACT TO AMEND SECTION 61-2-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BINGO, RAFFLES, AND OTHER SPECIAL EVENTS, SO AS TO CLARIFY THAT THIS SECTION IS NOT AN EXCEPTION OR LIMITATION TO ACTIVITIES, DEVICES, OR MACHINES THAT ARE PROHIBITED BY SECTION 12-21-2710 OR OTHER PROVISIONS THAT PROHIBIT GAMBLING; AND TO AMEND SECTION 61-4-580, RELATING TO GAME PROMOTIONS ALLOWED BY HOLDERS OF PERMITS AUTHORIZING THE SALE OF BEER OR WINE, SO AS TO CLARIFY THAT THIS SECTION DOES NOT AUTHORIZE THE USE OF AN ACTIVITY, DEVICE, OR MACHINE THAT IS PROHIBITED BY SECTION 12-21-2710 OR BY OTHER PROVISIONS THAT PROHIBIT GAMBLING.

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

Bingo, special events or activities not an exception to gambling and other offenses

SECTION    1.    Section 61-2-180 of the 1976 Code is amended to read:

"Section 61-2-180.    A person or organization licensed by the department under this title may hold and advertise special events such as bingo or other similar activities intended to raise money for charitable purposes. This section does not affect the requirements for obtaining a bingo license from the department. A special event or activity that is authorized pursuant to this section is not an exception or limitation to Section 12-21-2710 or other provisions of the South Carolina Code of Laws in which gambling or games of chance are unlawful and prohibited."

Establishments licensed to sell beer and wine, certain promotions not an exception to gambling and other offenses

SECTION    2.    Section 61-4-580 of the 1976 Code is amended to read:

"Section 61-4-580.    No holder of a permit authorizing the sale of beer or wine or a servant, agent, or employee of the permittee may knowingly commit any of the following acts upon the licensed premises covered by the holder's permit:

(1)    sell beer or wine to a person under twenty-one years of age;

(2)    sell beer or wine to an intoxicated person;

(3)    permit gambling or games of chance except game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with the following:

(a)    the game promotion is conducted or offered in connection with the sale, promotion, or advertisement of a consumer product or service, or to enhance the brand or image of a supplier of consumer products or services;

(b)    no purchase payment, entry fee, or proof of purchase is required as a condition of entering the game promotion or receiving a prize;

(c)    all materials advertising the game promotion clearly disclose that no purchase or payment is necessary to enter and provide details on the free method of participation; and

(d)    this subsection is not an exception or limitation to Section 12-21-2710 or other provisions of the South Carolina Code of Laws in which gambling or games of chance are unlawful and prohibited;

(4)    permit lewd, immoral, or improper entertainment, conduct, or practices. This includes, but is not limited to, entertainment, conduct, or practices where a person is in a state of undress so as to expose the human male or female genitals, pubic area, or buttocks cavity with less than a full opaque covering;

(5)    permit any act, the commission of which tends to create a public nuisance or which constitutes a crime under the laws of this State;

(6)    sell, offer for sale, or possess any beverage or alcoholic liquors the sale or possession of which is prohibited on the licensed premises under the law of this State;

(7)    conduct, operate, organize, promote, advertise, run, or participate in a 'drinking contest' or 'drinking game'. For purposes of this item, 'drinking contest' or 'drinking game' includes, but is not limited to, a contest, game, event, or other endeavor which encourages or promotes the consumption of beer or wine by participants at extraordinary speed or in increased quantities or in more potent form. 'Drinking contest' or 'drinking game' does not include a contest, game, event, or endeavor in which beer or wine is not used or consumed by participants as part of the contest, game, event, or endeavor, but instead is used solely as a reward or prize. Selling beer or wine in the regular course of business is not considered a violation of this section; or

(8)    a violation of any provision of this section is a ground for the revocation or suspension of the holder's permit."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 21st day of March, 2013.

Approved the 22nd day of March, 2013.