Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.467 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990204 Primary Sponsor:Hayes All Sponsors:Hayes and Ryberg Drafted Document Number:l:\council\bills\pt\1184dw99.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Coin-operated devices, video games with free play feature; Gambling, Taxation, Political Subdivisions, Counties History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990204 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2805 SO AS TO AUTHORIZE A MUNICIPALITY OR COUNTY BY ORDINANCE TO REGULATE THE LOCATION OF VIDEO GAMES WITH A FREE PLAY FEATURE WITHIN THE MUNICIPALITY OR COUNTY BY MEANS OF ZONING OR OTHER ORDINANCES GENERALLY APPLICABLE TO CLASSES OF BUSINESS ACTIVITY, PROVIDE THAT THE OWNER OF THE MACHINE ON WHICH THESE GAMES ARE PLAYED MUST HAVE OBTAINED A LOCAL LOCATION LICENSE BEFORE IT IS LICENSED OR RELICENSED, AND TO PROVIDE A PROCEDURE FOR CONFISCATION AND SALE OF THESE MACHINES DETERMINED TO BE IN VIOLATION OF LOCAL ORDINANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2805. Notwithstanding any other provisions of law, a municipality or county, by ordinance, may regulate the location within the municipality or county of video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3) by means of zoning or other ordinances generally applicable to classes of business activity. Before a machine may be licensed or relicensed, the owner of the machine must obtain a location license from the appropriate local government for a fee of one hundred dollars stating the machine is in compliance with all local ordinances, which must be issued by the local government upon its determination that machines in that location will conform to all local ordinances. The Department of Revenue may not issue a license for any machine destined for a location which has not been issued a local location license. If a machine is relocated from the location for which the location license is issued, the Department of Revenue must revoke the license it has issued. A machine on which these games are played may be confiscated as contraband by the appropriate law enforcement agency when it is determined by the local agency enforcing the ordinance that the machine is placed in violation of the ordinance. A machine may be disposed of after it is confiscated as contraband after a hearing in a magistrate's court in the case of a county violation, and before a municipal court in the case of municipal violation. The only two issues which may be raised at the hearing are whether or not: (1) the machine is licensed under Section 12-21-2720(A)(3) and (2) the location of the machine is prohibited by ordinance."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:06 A.M.