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COMMITTEE REPORT
April 16, 2008
H. 4263
Introduced by Reps. Rutherford, Herbkersman, Thompson and Vick
S. Printed 4/16/08--H.
Read the first time June 7, 2007.
To whom was referred a Bill (H. 4263) to amend the Code of Laws of South Carolina, 1976, by adding Section 12-21-2700 so as to define, specifically and with examples and exclusions, 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, Section 12-21-2700(C) as found in SECTION 1, beginning on page 2, line 35, and ending on page 3, line 19, by deleting subsection (C) in its entirety.
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2700 SO AS TO DEFINE, SPECIFICALLY AND WITH EXAMPLES AND EXCLUSIONS, "AN AMUSEMENT REDEMPTION MACHINE", AND TO PROVIDE FOR CRIMINAL PENALTIES FOR REWARDING PLAYERS WITH ITEMS OTHER THAN FREE REPLAYS OR NONCASH MERCHANDISE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 19, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2700. (A) For purposes of this article:
(1) 'Amusement redemption machine' means every machine and device of any kind or character used by the public to provide redemption or entertainment which requires the payment of or the insertion of a bill, other money, token, ticket, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player, and which legally can be shipped interstate according to federal law. An amusement redemption machine includes, but is not limited to, the following: pinball machine, console machine, crane machine, claw machine, bowling machine, novelty arcade game, foosball, miniature racetrack, football or golf machine, shuffleboard game, skeeball machine, air hockey machine, trivia machine, simulator game, maze game, racing game, or other redemption machine that may be operated legally in South Carolina. Further, the term includes a machine used by the public to provide music and whose operation requires the payment of or the insertion of a bill, other money, token, ticket, or similar object, such as a jukebox or other similar music machine.
(2) 'An element of skill' means the presence of the following factors, alone or in combination with one another: a learned power of doing a thing competently; a particular craft, art, ability, strategy or tactic; a developed or acquired aptitude or ability; a coordinated set of actions including, but not limited to, hand-eye coordination, dexterity, fluency, or coordination in the execution of learned physical or mental tasks; technical proficiency or expertise; development of implementation of strategy or tactics in order to achieve a goal; or knowledge of the means or methods of accomplishing a task. The term 'an element of skill' refers to a particular craft, coordinated effort, art, ability, strategy or tactic employed by the player to affect in some way the outcome of the game played on a bona fide South Carolina operated redemption machine as defined below.
(3) The term 'amusement redemption machine' does not include the following:
(a) coin-operated washing machines or dryers, vending machines that dispense products or services for payment of money, gas and electric meters, pay telephones, pay toilets, cigarette vending machines, coin-operated scales, coin-operated gumball machines, coin-operated parking meters, coin-operated massage beds, or coin-operated television sets;
(b) a game or device classified by the United States government as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code;
(c) a machine prohibited by Sections 12-21-2710, 16-19-40, or 16-19-50.
(B) A player of an amusement redemption machine may accumulate winnings for the successful play of the amusement redemption machine through tokens, vouchers, points, or tickets. Points may be accrued on the machine. A player may carry over points on one play to subsequent plays.
(C)(1) A person owning or possessing an amusement redemption game or device or a person employed by or acting on behalf of that person who gives to another person money for noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing the amusement redemption game is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for each offense.
(2) A person owning or possessing an amusement redemption game or a person employed by or acting on behalf of that person who gives to another person money as a reward for the successful play or winning of the amusement redemption game or device is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than six months, or both, for each offense.
(3) A gift certificate, token, voucher, ticket, or other evidence of winnings must be redeemable only at the premises on which the game is located. It is unlawful for a person to provide to another person as a reward for play on the game a gift certificate, token, voucher, ticket, or other evidence of winning which is redeemable or exchangeable for anything of value at any other premises. It is unlawful for a person at a premises other than those on which the game is located to give anything of value to another person for a gift certificate, token, voucher, ticket, or other evidence of winning received by the other person from play on the game. A person who violates this item is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than six months, or both, for each offense."
SECTION 2. This act takes effect upon approval by the Governor.
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