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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-350 SO AS TO REGULATE THE LOCATION OF AN ADULT BUSINESS ESTABLISHMENT WHEN THERE EXISTS NO LOCAL ZONING ORDINANCE AND TO PROVIDE DEFINITIONS RELATING TO THE REGULATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-350. (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.
(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) 'Operator' means a person, partnership, or corporation operating, conducting, or maintaining an adult business establishment.
(B) An adult business establishment may not operate or do business within five hundred feet of a church, school, or playground located in the unincorporated portion of a county when that county has not adopted a zoning ordinance.
(C) After the effective date of this section, the provisions of a zoning ordinance adopted by a county which conflicts with the provision of this section shall prevail and the zoning ordinance shall control the regulation of the location of adult business establishments.
(D) An operator convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year."
SECTION 2. This act takes effect upon approval by the Governor.
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