H 3280 Session 112 (1997-1998)
H 3280 General Bill, By Quinn, Allison, Altman, Beck, Cato, Chellis, Davenport,
Easterday, Hamilton, Haskins, J.H. Hodges, Howard, Inabinett, Leach, Littlejohn,
Lloyd, Maddox, Martin, W. McLeod, Miller, Moody-Lawrence, V.T. Mullen,
J.H. Neal, Pinckney, Rice, Meacham, Seithel, Simrill, F. Smith, J. Smith,
R. Smith, Tripp and W.J. Young
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.
01/21/97 House Introduced and read first time HJ-18
01/21/97 House Referred to Committee on Judiciary HJ-18
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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