In this direct appeal, the Court decides the issue of the validity of a local ordinance which bans smoking in bars and restaurants.
Jump to full article: South Carolina Judicial Department, 2008-03-31
Intro: The City argues the Ordinance is not preempted by State law and is consistent with both the Constitution and the general law of the State. We agree. . . .
To preempt an entire field, “an act must make manifest a legislative intent that no other enactment may touch upon the subject in any way.” . . . Furthermore, “for there to be a conflict between a state statute and a municipal ordinance ‘both must contain either express or implied conditions which are inconsistent or irreconcilable with each other…. If either is silent where the other speaks, there can be no conflict between them. Where no conflict exists, both laws stand.’” . . .
We find the trial court erred when it isolated a phrase from section 16-17-504 and interpreted it in such a way as to accomplish preemption under the Clean Indoor Air Act. . . .
Merely because section 16-17-504 was added to the Code in the same piece of legislation which amended the Clean Indoor Air Act does not require that this section’s language about local laws be interpreted as part of the Clean Indoor Air Act.
Accordingly, the trial court erred in deciding that Act 445 expressly preempts the Ordinance. . . .
While the Ordinance in this case does make smoking in certain areas “unlawful” where the Clean Indoor Air Act does not, it is our opinion the Ordinance does not criminalize such behavior. Instead, the Ordinance states that a violation constitutes “an infraction.” . . .
the plain language of the Ordinance is non-criminal in nature. . . .
While the State has legislated restrictions on smoking in certain areas, a civil ordinance which adds areas does not in any way conflict with the State law. “Mere differences in detail do not render [statutes] conflicting. If either is silent where the other speaks, there can be no conflict between them. Where no conflict exists, both laws stand.”
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