(A) Definitions.
(1) The term
GAMBLING DEVICE means:
(a) Any so-called "slot machine" or any other machine or mechanical device an essential part of which is a drum or reel with insignia thereon, and which when operated may deliver, as the result of the application of an element of chance, any money or property; or by the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or
(b) Any other machine or mechanical device (including, but not limited to, roulette wheels and similar devices) designed and manufactured primarily for use in connection with gambling; and
1. Which when operated may deliver, as the result of the application of an element of chance, any money or property; or
2. By the operation of which a person may become entitled to receive, as the result of the application of an element of chance, any money or property; or
(c) Any subassembly or essential part intended to be used in connection with any such machine or mechanical device, but which is not attached to any such machine or mechanical device as a constituent part.
(2) The terms
DAY CRUISE and/or CRUISE TO NOWHERE mean a voyage or segment of a voyage, respectively:
(a) That begins and ends within the waters of the municipal boundaries of the town, or begins in the town and ends in another destination within the state, or begins in another destination within the state and ends within the waters of the municipal boundaries of the town; and
(b) During which the vessel does not make an intervening stop; and
(c) During which passengers are entitled to operate gambling devices; and
(d) That does not provide overnight accommodations for their cruise passengers and that is not primarily engaged in carrying passengers between ports in the U.S. or foreign countries.
(B) Prohibition. It shall be unlawful to manufacture, recondition, repair, sell, transport, possess, or use any gambling device on a vessel within the waters of the municipal boundaries of the town operated for the purpose of conducting a day cruise.
(C) Intent. By enacting this ordinance, the town exercises its authority delegated to it pursuant to the South Carolina Code Annotated 1976 § 5-7-30 (the Home Rule Act) and its authority to legislate to preserve the health, safety, welfare and comfort of its citizens. Further, by enacting this ordinance, the town intends to opt out of the provisions of 15 U.S.C. § 1175(b)(1)(A) (the Johnson Act).
(Ord. 99003, passed 2-9-99) Penalty, see § 130.99