South Carolina Code 41-18-60. Application for permit; duration; revocation
(B) No temporary device may be used at any time or location unless prior notice of intent to use the device has been given to the director. Notice of planned schedules must:
Terms Used In South Carolina Code 41-18-60
- 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
- Department: means the South Carolina Department of Labor, Licensing and Regulation. 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
- Serious injury: means an injury that results in death or requires immediate in-patient hospitalization. See South Carolina Code 41-18-40
- Temporary device: means a device which is used as an amusement device that is regularly relocated with or without disassembly. See South Carolina Code 41-18-40
(1) be in writing;
(2) identify the temporary device;
(3) state the intended dates and locations of use; and
(4) be mailed to the director at least seven days before the first intended date of use.
However, the director may waive the requirements enumerated in this subsection.
(C) A permit to operate must be issued to the owner or lessee of an amusement device when:
(1) written application has been made to the director;
(2) the amusement device has passed all required inspections;
(3) the liability insurance required by § 41-18-90 has been met in the amount prescribed.
(D) The director may revoke a permit issued pursuant to this chapter if it is determined that an amusement device is:
(1) being operated without the inspections required by §§ 41-18-70 and 41-18-80;
(2) being operated without the insurance required by § 41-18-90;
(3) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to passengers, bystanders, operators, or attendants;
(4) being operated without the required documentation or paperwork; or
(5) being operated in a manner contrary to the operating fact sheets.
(E) Any other violation of this chapter may result in a revocation, if written notice of noncompliance is served upon the owner specifying a violation of this chapter and directing the owner to correct the violations within the period specified by the director. If the owner and the department fail to agree that the violations referred to in this section have been corrected, the department shall give notice of and provide a hearing for the owner to determine whether compliance has been met. The Administrative Procedures Act governs contested cases of this nature and any other contested cases arising under this chapter.
(F) Nothing in this chapter prevents an owner whose permit to operate an amusement device has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department shall inspect the amusement ride in question as promptly as practicable, but in no case more than seventy-two hours after the submission of the application.