(A) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person knowingly and wilfully operates an amusement device without:

(1) the permit required by §§ 41-18-50 and 41-18-60;

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Terms Used In South Carolina Code 41-18-150

  • Amusement device: means any mechanical device or combination of devices which carries or conveys passengers on, along, around, over, or through a fixed or restricted course or within a defined area for the purpose of giving its passengers amusement, pleasure, or excitement. See South Carolina Code 41-18-40
  • Director: means the Director of the South Carolina Department of Labor, Licensing and Regulation or the director's designee or representative. See South Carolina Code 41-18-40
  • Owner: means a person, corporation, partnership, or association who owns an amusement device or, in the event that the amusement device is leased, the lessee. See South Carolina Code 41-18-40

(2) the inspections required by §§ 41-18-70 and 41-18-80;

(3) the insurance required by § 41-18-90; or

(4) complying with any other provision of this chapter or regulation promulgated under this chapter.

(B) A person is subject to a civil penalty not to exceed two thousand dollars per device for each day of noncompliance with this subsection if the person operates an amusement device without:

(1) the permit required by §§ 41-18-50 and 41-18-60;

(2) the inspections required by §§ 41-18-70 and 41-18-80;

(3) the insurance required by § 41-18-90; or

(4) complying with any other provision of this chapter or regulation promulgated under this chapter.

(C) The director may assess the penalties under this section and, in assessing penalties under subsection (A), shall give due consideration to the appropriateness of the penalty with respect to the size of the owner‘s or lessee’s business, the good faith of the owner or lessee, and the owner’s or lessee’s history of previous violation.

(D) Revenue derived under this chapter must be remitted to the State Treasurer and deposited in the general fund.