(A) This chapter applies to amusement devices at carnivals, fairs, and amusement parks where an admission or fee is customarily or usually charged located within the State or at other places open to the public and to the managers of these devices, to the persons employed in connection with these devices, and to their employees.

(B) This chapter does not apply to single passenger, coin-operated, manually, mechanically, or electrically operated rides, except where admission is charged for the use of the equipment, and this chapter may not be construed so as to limit the right of a person to conduct any hotel, restaurant, or eating place at an amusement park.

(C) This chapter does not apply to air-supported structures.

(D) This chapter applies to concession go-karts. This chapter does not apply to super-karts, provided that:

(1) Only persons age eighteen or above who hold a valid driver's license are allowed to operate super-karts.

(2) No person shall operate a super-kart in any establishment where other amusement devices are located or operated. Establishments offering super-karts must not share an entrance or exit with any other establishment offering an amusement device and must charge a separate fee for operating super-karts.

(3) A sign shall be on display on the premises where super-karts are operated stating: "Super-karts are not amusement devices regulated by the South Carolina Department of Labor, Licensing and Regulation. Super-karts may reach speeds in excess of fifty miles per hour. Drive at your own risk."

(4) The owner of a super-kart must carry an insurance policy in an amount not less than one million dollars per occurrence against liability for injury to persons or property arising out of the operation or use of such device.

HISTORY: 1985 Act No. 103, Section 2; 1993 Act No. 144, Section 1, eff June 14, 1993; 1998 Act No. 283, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998); 2018 Act No. 188 (S.567), Section 1, eff May 15, 2018.

Effect of Amendment

The 1993 amendment, in subsection 1, added "or at other places open to the public".

The 1998 amendment added subsection (C), exempting air supported structures; and made nonsubstantive changes throughout the section.

2018 Act No. 188, Section 1, added (D), providing that the Safety Code applies to concession go-karts but does not apply to super-karts except for certain limited purposes.