Current Status Bill Number:967 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980129 Primary Sponsor:Fair All Sponsors:Fair, Hayes, Thomas, Wilson and Giese Drafted Document Number:dka\4712cm.98 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Adult business establishments, regulations and penalties; Crimes and Offenses, Indecent exposure
Body Date Action Description Com Leg Involved
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Senate 19980129 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-312 SO AS TO PROVIDE DEFINITIONS, REGULATIONS, AND PENALTIES RELATING TO ADULT BUSINESS ESTABLISHMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-15-312. (A) As used in this section:
(1) 'Adult business establishment' means an establishment having a significant or substantial portion of its stock and trade in, or offers for sale or rental of, films, video cassettes, books, magazines, and other materials which are characterized or distinguished by their emphasis on matter representing, depicting, or describing or relating to sexual conduct and in conjunction with these items has facilities for the viewing of adult entertainment or observation by patrons.
(2) 'Adult entertainment' means an exhibition by any means of an adult-oriented film, motion picture, or video cassette tape distinguished or characterized by an emphasis on materials and matters representing, depicting, describing, or relating to sexual conduct.
(3) 'Viewing booth' means a room, cubicle, booth, studio, compartment, or stall designed for or used as a place to view adult entertainment. It does not include enclosures which are used as offices by the manager, owner, or employees for attending to the tasks of their employment and which are not held out to the public for the purposed of viewing adult entertainment.
(4) 'Employee' means a person who works in or renders a service directly related to the operation of an adult business establishment.
(5) 'Operator' means a person, partnership, or corporation operating, conducting, or maintaining an adult business establishment.
(6) 'Inspector' means an employee of the Department of Health and Environmental Control authorized and designated by the director of the department, an employee of a local law enforcement department authorized by the commanding officer, or other persons designated by the governing body of a county or municipality to inspect premises regulated under this section and request correction of unsatisfactory conditions found on the premises.
(B) It is unlawful for an operator of an adult business establishment which contains viewing booths for the purpose of viewing adult entertainment to have enclosed booths with the entrance blocked or obscured by means of a door, curtains, drapes, partition, or another obstruction in any manner which prohibits visibility of the interior from outside the booth.
(C) The operator of an adult business establishment is responsible for and shall provide that a room containing one or more viewing booths where adult entertainment is viewed must be well lighted and accessible at all times and continuously open to view in its entirety. The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level. It is the duty of the operator and his employees to ensure that the illumination required by this section is maintained at all times when a patron is in this premises.
(D) An adult business establishment must be physically arranged in a manner that the entire interior portion of the viewing booth where adult entertainment is provided is visible from the common areas of the premises.
(E) An operator or employee of an adult business establishment shall not permit a minor to loiter in any part of the establishment, including parking lots immediately adjacent to the establishment, used by its patrons.
(F) An operator of an adult business establishment shall not employ, use, or allow a minor to perform any functions related to the running of an adult establishment.
(G) An act or omission by an employee of an adult business establishment constituting a violation of this section is considered the act or an omission by the operator if the act or omission occurs either with the authorization, knowledge, or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct. The operator must be punished for an act or omission of an employee in the same manner as if the operator committed the act or caused the omission.
(H) An adult business establishment must be open to inspection by inspectors at all reasonable times.
(I) A person convicted of violating a provision of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than five years and fined not less than five thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.