Notwithstanding any other provision of law or ordinance to the contrary, if the panel determines that the provisions of Article 1 have been violated by a pattern or practice of discrimination or segregation by the owner of an establishment, an employee of an establishment, or an agent of an establishment of public accommodations as defined in Section 45-9-10, the Attorney General must immediately notify the appropriate state or local permitting, regulatory, or licensing authority that those licenses or permits so designated in the panel's order must be revoked immediately, notwithstanding the provisions of Section 1-23-380(C), upon expiration of the time allowed for an appeal if no appeal has been filed. After appeals, if the panel's order is not reversed, the license or permit must be revoked as provided in this article.
If necessary, a writ of mandamus may be sought by the Attorney General or any individual to effectuate the provisions of this section. Nothing in this section shall be construed as requiring the issuance of a writ of mandamus, and no civil action shall lie against any regulatory or licensing official acting pursuant to an order of the panel.
No owner of an establishment, employee of an establishment, or agent of an establishment who is found to have violated the provisions of Article 1 by a pattern or practice of discrimination or segregation may obtain a license or permit from the same regulatory or licensing entity or seek the reissuance of a revoked license or permit within three years from the date of the panel's order or a final determination of a court of competent jurisdiction, whichever is later.
HISTORY: 1990 Act No. 423, Section 1, eff April 25, 1990.
Structure South Carolina Code of Laws
Title 45 - Hotels, Motels, Restaurants and Boardinghouses
Chapter 9 - Equal Enjoyment And Privileges To Public Accommodations
Section 45-9-20. Exception for private establishments.
Section 45-9-50. Hearing on complaint by Attorney General; notice of hearing.
Section 45-9-70. Right to intervene in action.
Section 45-9-75. Final decision of panel; appeals.
Section 45-9-85. Penalty for violating confidentiality provisions.
Section 45-9-90. Penalty for violating provisions of Article 1.
Section 45-9-100. Action for damages by aggrieved party; minimum damages for violation.
Section 45-9-110. Prerequisites to action for damages; conciliation.