South Carolina General Assembly
112th Session, 1997-1998

Bill 3280


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       3280
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970121
Primary Sponsor:                   Quinn
All Sponsors:                      Quinn, Rice, Simrill,
                                   Easterday, Inabinett, Maddox,
                                   Meacham, Littlejohn, Chellis, Cato,
                                   Hamilton, Seithel, Lloyd, Neal,
                                   Martin, Allison, Mullen, Pinckney,
                                   J. Smith, Moody-Lawrence, Altman,
                                   Miller, Leach, Tripp, F. Smith,
                                   McLeod, Davenport, R. Smith, Beck,
                                   Hodges, Haskins, Young and Howard 
                                   
Drafted Document Number:           dka\3965ac.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Tobacco, cigarettes; minor not
                                   to have in possession, vending
                                   machine provisions;
                                   Agriculture



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970121  Introduced, read first time,             25 HJ
                  referred to Committee

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 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING OR FURNISHING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE FINES, TO REQUIRE TOBACCO PRODUCT VENDING MACHINE PLACEMENT IN AN AREA INACCESSIBLE TO PERSONS UNDER EIGHTEEN YEARS OF AGE, AND TO PROVIDE PENALTIES INCLUDING THE REVOCATION OR SUSPENSION OF THE VENDOR'S BUSINESS LICENSE.

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

SECTION 1. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:

"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any a substitute therefor for these. Any A person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:

(1) for a first offense, by a fine not exceeding twenty-five fined not more than five hundred dollars or imprisoned not more than thirty days, or both;

(2) for a second offense, by a fine not exceeding fifty fined one thousand dollars or imprisoned one year, or both; and

(3) for a third or subsequent offense, by a fine of not less than one hundred fined five thousand dollars or imprisonment for not more than imprisoned one year nor less than sixty days, or both.

One-half of any fine imposed shall must be paid to the informer of the offense and the other half to the treasurer of the county in which such the conviction shall be had is obtained.

(B) A vending machine which dispenses cigarettes or other tobacco products must be placed in an area in which the vending machine is inaccessible to persons under eighteen years of age. The area must be under the visual observation of a designated employee. A person violating this section is subject to the same penalties as are applicable to violations of subsection (A).

(C) In addition to the penalties set forth in subsections (A) and (B), if a person who is convicted three times of a violation of subsection (A) or (B), or any combination of these, the court, upon the third conviction, shall forward the name of the offender to the Department of Revenue. The department may suspend for a definite period or revoke the offender's business license granted pursuant to Section 12-21-660 upon the basis of the offender's continued violation of the law with respect to the sale of tobacco products. Notification of the department's decision to suspend or revoke the business license may be served by certified mail or personally.

(D) The department may review and determine whether a new license may be issued under guidelines established by the department in regulation.

(E) Appeals from a decision of the department are to an administrative law judge as provided under Article 5, Chapter 23, Title 1."

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

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