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INTRODUCED
June 1, 1999
H. 4199
L. Printed 6/1/99--H.
Read the first time June 1, 1999.
TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A)(1) Each municipality in Horry County bordering on the Atlantic Ocean is authorized to provide lifeguard and other safety related services on and along the public beaches within its corporate limits. A coastal municipality may enact and enforce regulations it determines necessary for the safety of all persons on the beach.
(2) The governing body of Horry County is authorized to provide lifeguards and other safety related services in and along public beaches in the unincorporated area of the county. The governing body may enact and enforce regulations it determines necessary for all persons on the beach.
(B) Lifeguard services may be provided using municipal or county employees or by service agreement with a private beach safety company.
If the municipality or county elects to provide the services by an agreement with a private beach safety company, the following conditions apply:
(1) the municipality or county shall follow the procedures of the State Procurement Code, as found in Chapter 35 of Title 11 of the 1976 Code, or the procedures of the municipal or county procurement code, or applicable in the awarding of contracts with private beach safety companies;
(2) the agreement between the municipality or county and private beach safety company may last no longer than seven years;
(3) the municipality or county may grant the exclusive right to the beach safety company to rent only beach chairs and umbrellas, and to sell only nonalcoholic beverages to the public on the beach;
(4) lifeguard personnel employed by the private beach safety company must be tested and certified as required by the municipality or county; and
(5) the conduct of the limited commercial activities granted to the private beach safety company shall not prevent or interfere in a substantial way with the peaceful, recreational use of the public beach by the general public.
(C) Nothing in this section enlarges, restricts, or infringes upon the existing rights of the owners of private property adjacent to the public beaches.
(D) In addition to all other powers authorized a municipality or county by law, the governing body or coastal municipality in Horry County may grant franchises and make charges for the use of public beaches in the municipality and similar authority is extended to the governing body of Horry County for beaches in the unincorporated area of the county.
SECTION 2. This act takes effect upon approval by the Governor.
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