Current Status Bill Number:3560 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970227 Primary Sponsor:Beck All Sponsors:Beck, Fleming, Harvin, Hawkins, Easterday, Mason, R. Smith, Robinson, Hamilton, D. Smith and Sharpe Drafted Document Number:jic\5379htc.97 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Coin-operated devices, regulation local county option, license fees and taxes, Gambling, Taxation
Body Date Action Description Com Leg Involved
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House 19970227 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND SECTION 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, SO AS TO CLARIFY THAT THIS PROVISION DOES NOT PROHIBIT THE REGULATION OF THESE MACHINES PURSUANT TO THE VIDEO GAMES MACHINES ACT, INCLUDING ITS LOCAL OPTION LOCAL REGULATION PROVISIONS OTHER THAN REGULATION OF THESE MACHINES; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO LICENSES FOR COIN-OPERATED DEVICES, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES TO IMPOSE LOCAL LICENSE FEES NOT TO EXCEED THE AMOUNT OF THE STATE FEE AND TO DELETE THE RESTRICTION ON MUNICIPALITIES ON REGULATING THE NUMBER OF MACHINES; TO AMEND SECTION 12-21-2746, RELATING TO THE LIMIT ON MUNICIPAL AND BUSINESS LICENSE TAXES THAT MAY BE IMPOSED ON THE COIN-OPERATED MACHINE BUSINESS, SO AS TO DELETE THE LIMIT; AND TO AMEND SECTION 12-21-2804, SO AS TO ALLOW MUNICIPALITIES AND COUNTIES BY ORDINANCE TO REGULATE MACHINES AS DEFINED IN THE VIDEO GAME MACHINE ACT MORE STRICTLY THAN THE STATE RESTRICTIONS IMPOSED PURSUANT TO THAT ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-19-60 of the 1976 Code is amended to read:
"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend to coin-operated nonpayout machines with a free play feature; provided, that nothing herein shall authorize the licensing, possession, or operation of any machine which disburses money to the player. Provided, further, that nothing in Sections 16-19-40, 16-19-50, or 16-19-60 extends to video game machines with a free play feature. Nothing in this section shall be deemed to preempt or prohibit the regulation of video games pursuant to Article 20 of Title 12, the Video Games Machines Act, including the prohibition on payoffs and location of these machines in counties where such payouts and machines are prohibited under the local option provisions of that article and the regulation of these machines by county or municipal ordinances as provided in that article. Nothing in state law shall be deemed to preempt city or county regulation of video game machines."
SECTION 2. Subsections (B) and (D) of Section 12-21-2720 of the 1976 Code, as last amended by Act 164 of 1993, are further amended to read:
"(B) No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding ten percent of the license fee imposed pursuant to subsection (A) for the equivalent license period.
(D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of the regular license fee imposed pursuant to subsection (A) for the equivalent license period."
SECTION 3. Section 12-21-2746 of the 1976 Code is amended to read:
"Section 12-21-2746. Municipalities and counties may 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."
SECTION 4. Section 12-21-2804 of the 1976 Code, as added by Act 164 of 1993, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Counties and municipalities by ordinance may not prohibit machines in the jurisdiction but may impose regulations on machines located within their jurisdiction more restrictive than those provided in this article including, but not limited to, number of machines in a single place or premises, limits on payouts, hours of operation, age of players, proximity requirements, and further definitions of single place or premises. In addition to establishing criminal penalties as provided by law for violations of these ordinances, a county or municipality also may provide by ordinance for enforcement by means of civil penalties and seizure of machines operating in violation of ordinances. The jurisdiction of counties with respect to this subsection extends only to unincorporated areas of the county."
SECTION 5. This act takes effect on the first day of the second month following approval by the Governor.