Download This Version in Microsoft Word format
February 21, 2002
Introduced by Reps. Campsen, Wilder, Altman, Davenport, Walker, Simrill, Meacham-Richardson, J. Young, McGee, Sandifer, Stille, Cotty, Harrison, Wilkins, McLeod and Edge
S. Printed 2/21/02--H.
Read the first time January 9, 2001.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 ENACTING THE "GAMBLING CRUISE PROHIBITION ACT" SO AS TO PROHIBIT GAMBLING OR THE REPAIR OF GAMBLING DEVICES ON A VESSEL IN A VOYAGE THAT BEGINS AND ENDS WITHIN THIS STATE AND PROHIBIT THE OPERATION OF A VESSEL THAT TRANSPORTS PERSONS TO ANOTHER VESSEL FOR THE PURPOSE OF GAMBLING IF BOTH THE TRANSPORTING VESSEL AND THE VESSEL ON WHICH A GAMBLING DEVICE IS USED OR REPAIRED BEGINS AND ENDS ITS VOYAGE IN THIS STATE, AND TO PROVIDE DEFINITIONS AND PENALTIES FOR VIOLATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Gambling Cruise Prohibition Act". It is the intent of the General Assembly in enacting this act to prohibit gambling on any United States or foreign documented vessel in this State and on any United States or foreign documented vessel conducting voyages that begin and end in this State, consistent with the standards specified in 15 U.S.C. 1175(b), commonly referred to as the Johnson Act Amendments of 1992. It is the purpose of this act clearly and unequivocally to prohibit gambling activities on so-called "cruises to nowhere" as provided in 15 U.S.C. 1175. The passage of this act should in no way be construed or interpreted to mean that existing laws prohibiting gambling in this State do not apply to the so-called "cruises to nowhere" described in this act.
SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended by adding:
"Section 16-19-170. (A) As used in this section:
(1) 'Vessel' means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(2) 'Gambling' or 'gambling device' means a game of chance and includes, but is not limited to, slot machines, punch boards, video poker, blackjack machines, keeno, or any other video gambling machine, roulette, craps, or any other gaming table type gambling or poker, blackjack, or any other card gambling game.
(3) For purposes of this section, an 'intervening stop' occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(B)(1) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel within the jurisdiction of this State.
(2) It is unlawful for a person to own, keep, operate, manage, or maintain any gambling device on a vessel within the jurisdiction of this State unless:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(C) It is unlawful for a person to use any gambling device or engage in gambling aboard a vessel that is on a voyage if:
(a) the voyage begins and ends in this State; and
(b) during the voyage the vessel does not make an intervening stop.
(D) It is unlawful for a person to own, keep, operate, manage, or maintain a vessel that transports persons to another vessel for the purpose of engaging in gambling if the transportation begins and ends within the jurisdiction of this State and neither the vessel providing such transportation nor the vessel on which the use of any gambling device occurs makes an intervening stop.
(E)(1) A person who violates subsections (B)(1) or (C) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days. Nothing in this section precludes prosecution for any other applicable gambling offense.
(2) A person who violates subsections (B)(2) or (D) is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year. Nothing in this section precludes prosecution for any other applicable gambling offense."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect July 1, 2002.
This web page was last updated on Thursday, June 25, 2009 at 2:09 P.M.