South Carolina General Assembly
111th Session, 1995-1996

Bill 967


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       967
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19960109
Primary Sponsor:                   Ford 
All Sponsors:                      Ford and Glover 
Drafted Document Number:           RES9834.RF
Residing Body:                     Senate
Current Committee:                 Finance Committee 06 SF
Subject:                           Video gaming business, number of
                                   machines



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19960109  Introduced, read first time,             06 SF
                  referred to Committee
Senate  19951204  Prefiled, referred to Committee          06 SF

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 12-21-2804 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING VIDEO GAME MACHINES, SO AS TO PROVIDE THAT A VIDEO GAMING BUSINESS MAY HOUSE A MAXIMUM OF TEN MACHINES AT A SINGLE PLACE OR PREMISES.

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

SECTION 1. Section 12-21-2804 of the 1976 Code is amended to read:

"Section 12-21-2804. (A) No person shall apply for, receive, maintain, or permit to be used, and the commission Department of Revenue and Taxation shall not allow to be maintained, permits or licenses for the operation of more than eight machines authorized under Section 12-21-2720(A)(3) at a single place or premises for the period beginning July 1, 1993, and ending July 1, 1994. After July 1, 1994, the commission department may not issue nor authorize to be maintained any licenses or permits for more than five machines authorized under Section 12-21-2720(A)(3) at a single place or premises.

Notwithstanding any other provision of this section or other applicable law, a business establishment may be licensed for the operation of a single place or premises containing a maximum of ten machines if the premises can be structurally configured to allow the appropriate monitoring as provided herein.

Prior to applying for a license for operation of the maximum number of machines authorized by this section, the owner of the proposed business location must structurally configure the premises in a manner to allow the plain view monitoring by a single individual of all ten of the machines to be located within the single place or premises. The owner of the proposed business location must obtain the prior written approval of the department for all site configurations and comply with all other applicable provisions of law relating to video gaming establishments before operating the establishment.

Any licenses or permits issued for the operation of machines authorized under Section 12-21-2720(A)(3) during the period of July 1, 1993, and July 1, 1994, for a two-year period shall continue in effect after July 1, 1994, provided that during the period of July 1, 1994, and July 1, 1995, no person shall maintain at a single place or premises more than eight machines authorized under Section 12-21-2720(A)(3). No machine may be licensed or relicensed in any location where the primary and substantial portion of the establishment's gross proceeds is from machines licensed under Section 12-21-2720(A)(3). The commission department shall revoke the licenses of machines located in an establishment which fails to meet the requirements of this section. No license may be issued for a machine in an establishment in which a license has been revoked for a period of six months from the date of the revocation. The term `gross proceeds' from the machines means the establishment's portion.

(B) No person who maintains a place or premises for the operation of machines licensed under Section 12-21-2720(A)(3) may advertise in any manner for the playing of the machines nor may a person offer or allow to be offered any special inducement to a person for the playing of machines permitted under Section 12-21-2720(A)(3).

(C) No person under twenty-one years of age may receive a payout as a result of the operation of the machines licensed under Section 12-21-2720(A)(3).

(D) No owner, operator, or marketer may be issued a permit by the commission department for machines pursuant to Section 12-21-2720(A)(3) unless the owner, operator, or marketer has been a resident of the State for two years. The commission department shall require a statement of residency to be filed with the commission department as part of the application process for permits issued under Section 12-21-2720(A)(3) on forms and in a manner the commission department considers appropriate.

(E) It is unlawful to operate machines licensed under Section 12-21-2720(A)(3) between the hours of midnight Saturday night and six o'clock a.m. Monday morning.

(F) A person violating subsections (A), (B), (D), or (E) of this section is subject to a fine of up to five thousand dollars to be imposed by the commission department. The commission department, upon a determination that the violation is wilful, may refer the violation to the Attorney General or to the appropriate circuit solicitor for criminal prosecution, and, upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than two years, or both. The commission department shall revoke the licenses of any person issued pursuant to the provisions of Article 19 of this chapter for a violation of subsection (C) of this section. Revocation is pursuant to the procedures set forth in Section 12-54-90."

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

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