§ 12.5-172. Definitions.

For purposes of this article, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

Administrator means the Horry County Administrator or his or her designee.

Applicant means any person, firm, corporation, or other legal entity applying for a preclearance letter to operate a late night establishment, as defined herein.

County means Horry County, South Carolina.

Employee means any person who works on the premises of a late night establishment on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Hearing officer means a citizen, not employed by the county, appointed by the administrator, deemed to have the requisite training, education, and experience to serve as an independent tribunal to conduct hearings under this article, and to justly and fairly hear and decide on matters presented therein.

Late night establishment means a commercial establishment that offers or allows consumption of alcoholic beverages on the premises and that is open for use by patrons, for any length of time, between the hours of 12:00 midnight and 6:00 a.m.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Recipient means a person in whose name a preclearance letter to operate a late night establishment has been issued, as well as the individual or individuals listed as applicants on the application for a late night establishment preclearance letter.

Specified criminal activity means any of the following specified crimes for which less than seven (7) years has elapsed since the date of arrest, the date of conviction, including a plea of nolo contendere or a plea pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), or the date of release from confinement for the conviction, whichever is the later date:

(1)

Offenses against the person, listed in S.C. Code, Title 16, Chapter 3 (as amended or recodified from time to time);

(2)

Offenses against public justice, listed in S.C. Code, Title 16, Chapter 9 (as amended or recodified from time to time);

(3)

Offenses against property, listed in S.C. Code, Title 16, Chapter 11 (as amended or recodified from time to time);

(4)

Offenses listed in S.C. Code, Title 16, Chapter 13 (which chapter is titled "Forgery, Larceny, Embezzlement, False Pretenses and Cheats") (as amended or recodified from time to time);

(5)

Offenses listed in S.C. Code, Title 16, Chapter 14 (which chapter is titled "Financial Transaction Card Crime Act") (as amended or recodified from time to time);

(6)

Offenses against morality and decency, listed in S.C. Code, Title 16, Chapter 15 (as amended or recodified from time to time);

(7)

Offenses listed in S.C. Code, Title 16, Chapter 19 (which chapter is titled "Gambling and Lotteries") (as amended or recodified from time to time);

(8)

Offenses involving weapons, listed in S.C. Code Title 16, Chapter 23 (as amended or recodified from time to time);

(9)

Narcotics and controlled substances offenses set forth in S.C. Code §§ 44-53-370—44-53-445 (as amended or recodified from time to time);

(10)

Alcohol-related offenses listed in S.C. Code, Title 61, Chapter 6, Article 13 (as amended or recodified from time to time);

(11)

Any crime if it involved dishonesty or false statement, regardless of the punishment;

(12)

Any crime if it involved conduct at a commercial establishment where alcoholic beverages are consumed on the premises, regardless of the punishment;

(13)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(14)

Any offense in another jurisdiction that, had the predicate act(s) been committed in South Carolina, would have constituted any of the foregoing offenses.

Specified sexual activity means any of the following:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in (1) above.

(Ord. No. 92-16, § 5, 1-10-17)