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Raymond Buxton, II, Commissioner

Summary of the Equal Enjoyment and
Privileges to Public Accommodations

Section 45-9-10: States that every person is entitled to full enjoyment of described services and accommodations without discrimination on account of race, color, religion, or national origin, and defines places of public accommodation.

Section 45-9-20: Exempts private clubs and other establishments not open to the general public.

Section 45-9-30: Protects persons from intimidation, threats, coercion, or punishment for exercising rights and privileges granted by the law.

Section 45-9-40: Grants authority to Attorney General to prosecute pattern and practice complaints before a panel of S. C. Human Affairs Commission Board members following investigation by the State Law Enforcement Division; provides for procedures.

Section 45-9-50: Provides for full hearing before Commission panel and establishes procedures therefore.

Section 45-9-60: Empowers the Commission to establish rules; grants authority to issue subpoenas; and, grants relief if violation is found.

Section 45-9-65: Creates exceptions to liability over certain unauthorized conduct of establishment or agency's employee if conduct is not known by the person in charge; provides panel discretion in license revocation mandate in certain situations as described.

Section 45-9-70: Provides for intervention by interested parties.

Section 45-9-75: Describes method and procedures for panel's findings of fact, conclusions of law and order of determination; establishes limited right of appeal.

Section 45-9-80: Provides for mandatory immediate revocation of license and 3-year prohibition against issuance or reissuance of licenses.

Section 45-9-85: Establishes criminal and civil sanctions for breach of confidentiality.

Section 45-9-90: Makes violations of the Act a misdemeanor with penalties of fine of not more than $2,000 or imprisonment for not less than six months nor more than 3 years, or both.

Section 45-9-100: Creates private right of action with civil remedies of not less than $5,000 and provides for attorney fees and court costs.

Section 45-9-110: Requires aggrieved party to exhaust administrative process for filing complaint with the South Carolina Human Affairs Commission and period of 60 days for investigation and conciliation prior to court filing.

Section 45-9-120: States legislative intent to create three independent courses of action for violations of law.