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COMMITTEE REPORT
April 17, 2002
H. 4387
Introduced by Reps. Kirsh, Keegan, Wilkins, Witherspoon, Taylor, Littlejohn, Vaughn, Simrill, Altman, Sandifer, Walker, Campsen and Miller
S. Printed 4/17/02--H.
Read the first time January 8, 2002.
To whom was referred a Bill (H. 4387) to amend Section 12-21-2710, as amended, Code of Laws of South Carolina, 1976, relating to types of machines and devices used for gambling in certain locations, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Gambling Cruise Act of 2002". It is the intent of the General Assembly in enacting this act to prohibit gambling on any United States or foreign documented vessel in this State and on any United States or foreign documented vessel conducting voyages that begin and end in this State, consistent with the standards specified in 15 U.S.C. 1175(b), commonly referred to as the Johnson Act Amendments of 1992. It is the intent of the General Assembly to continue to recognize the tenets of the Home Rule Act, Section 4-9-10 et seq., and Section 5-5-10 et seq., by empowering and authorizing county and municipal governments to adopt ordinances to be exempt from this prohibited activity to gamble on so-called "cruises to nowhere" that begin and end in the jurisdictional waters of the county or municipality and to regulate such activity. It is the purpose of this act clearly and unequivocally to authorize the State to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175 et seq., except when a county or municipal government adopts an ordinance to permit such activity. The passage of this act should in no way be construed or interpreted to mean that existing laws and local ordinances regulating gambling in this State or in counties and municipalities of this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION 2. A. Sections 54-1-10 through 54-1-40 of the 1976 Code are designated Article 1, Chapter 1, Title 54 of the 1976 Code entitled "General Provisions".
B. Chapter 1, Title 54 of the 1976 Code is amended by adding:
Section 54-1-310. (A) As used in this article:
(1) 'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this article, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B)(1) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.
(2) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(C) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(D) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel that is on a voyage if:
(1) the voyage begins and ends in this State; and
(2) during the voyage the vessel does not make an intervening stop.
(E) It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.
(F)(1) A person who violates subsections (B)(1) or (C) of this section must be assessed a civil penalty of not more than one hundred dollars for each violation, with an aggregate total not to exceed one thousand dollars for a twenty-four hour period. Nothing in this section precludes prosecution for any other applicable gambling offense.
(2) A person who violates subsections (B)(2), (D), or (E) of this section must be assessed a civil penalty of not more than one thousand dollars for each violation, with an aggregate total not to exceed ten thousand dollars for a twenty-four period. Nothing in this section precludes prosecution for any other applicable gambling offense.
Section 54-1-320(A) County and municipal governing bodies may use the powers granted by the State pursuant to the Home Rule Act, Section 4-9-10 et seq., and Section 5-5-10 et seq., to adopt an ordinance to be exempt from certain prohibitions specified in subsection (B) of this section.
(B) A county or municipality may adopt ordinances to be exempt from the prohibitions provided in Section 54-1-310(C), (D), and (E) to the extent and under the terms and conditions as it sets forth in these ordinances. If these ordinances are adopted, the county governing body may regulate, for the unincorporated area of the county, and the municipal governing body may regulate, for the municipality, the use of gambling devices aboard a vessel that is on a voyage that begins and ends in the jurisdictional waters of the county or municipality. Counties and municipalities adopting ordinances to regulate gambling cruises may assess civil penalties only for violations of these ordinances.
(C) Nothing in this article may be construed to repeal any existing county or municipal ordinances regulating the use of gambling devices aboard a vessel that is on a voyage that begins and ends in the jurisdictional waters of the county or municipality."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of Article 3, Chapter 1, Title 54 of the 1976 Code as added by this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of the article, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect July 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 12-21-2710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TYPES OF MACHINES AND DEVICES USED FOR GAMBLING IN CERTAIN LOCATIONS WHICH ARE PROHIBITED BY LAW, SO AS TO DEFINE THE TERM PREMISES TO INCLUDE BOATS, SHIPS, FLOATS, OR VESSELS LOCATED WITHIN THE STATE OR ITS TERRITORIAL WATERS; AND TO AMEND SECTION 16-19-40, AS AMENDED, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO INCLUDE AS AN UNLAWFUL GAMBLING LOCATION A BOAT, SHIP, FLOAT, OR VESSEL LOCATED WITHIN THE STATE AND ITS TERRITORIAL WATERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-21-2710 of the 1976 Code, as last amended by Act 125 of 1999, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance. The term 'premises' includes boats, ships, floats, or vessels located within the State and its territorial waters.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 16-19-40 of the 1976 Code, as last amended by Act 125 of 1999, is further amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors, boat, ship, float, or vessel located within the State and its territorial waters, or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field, or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank, (f) any other table or bank of the same or the like kind under any denomination whatsoever or, (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts, or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts, or whist or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, boat, ship, float, or vessel located within the State and its territorial waters, or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION 3. This act takes effect upon approval by the Governor.
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