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AS PASSED BY THE SENATE
May 31, 2000
H. 4199
L. Printed 5/31/00--S.
Read the first time June 3, 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Gambling activities prohibited by statutory laws and by the Constitution of this State are prohibited on vessels where voyages begin and end in waters of Horry county, consistent with the standards specified in 15 U.S.C. 1175, commonly referred to as the Johnson Act. This act prohibits gambling activities on so-called "cruises to nowhere."
SECTION 2. (A) As used in this section:
(1) 'Vessel' means a boat, ship, casino boat, watercraft, or barge kept, operated, or maintained for the purpose of gambling, with one or more gaming establishments aboard, that carries or operates gambling devices for the use of its passengers or otherwise provides facilities for the purpose of gambling, whether within or without the jurisdiction of Horry county, and whether it is anchored, berthed, lying to, or navigating and the sailing, voyaging, or cruising, or any segment of the sailing, voyaging, or cruising begins and ends within Horry county.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker or black jack machines, keeno, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(B) It is unlawful for any person to repair or use any gambling device on a vessel that is on a voyage or segment of a voyage if:
(1) the voyage or segment begins and ends in Horry county; and
(2) during which the vessel does not make an intervening stop within the boundaries of another state or possession of the United States or a foreign country.
SECTION 3. A violation of this act is not a criminal offense, but is a violation for which a civil penalty of not less than five thousand dollars but not more than twenty-five thousand dollars for each violation, may be imposed by the Department of Revenue.
SECTION 4. Nothing in this act shall be construed to repeal or modify any other provision of law relating to gambling. This act does not repeal or modify any law with regard to bingo or the operation of a device or machine pursuant to Section 12-21-2720(A)(3).
SECTION 5. If any provision of this act or the application of these provisions to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this act are severable.
SECTION 6. This act takes effect upon approval by the Governor.
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