Foothills Brewing Concern, Inc. v. City of Greenville, 377 S.C. 355

Summary

The Supreme Court of South Carolina held that the City of Greenville's ordinance prohibiting smoking in enclosed public places, including bars and restaurants, was not preempted by the state's Clean Indoor Air Act or related tobacco-control legislation. The court also held that the ordinance did not violate Article VIII, section 14 of the South Carolina Constitution because its violations were civil infractions and did not criminalize conduct. The court reversed the trial court and upheld the ordinance as a valid exercise of municipal police power.

Holdings

1. The Clean Indoor Air Act and Act 445 did not preempt Greenville from enacting additional restrictions on smoking in public places. The ordinance was therefore within the City's authority.
2. The ordinance did not violate Article VIII, section 14 because classifying violations as infractions and public nuisances did not criminalize conduct.
3. The ordinance was a valid exercise of Greenville's municipal police power because additional restrictions on smoking to protect public health were neither inconsistent nor irreconcilable with state law.

Questions Presented

1. Whether South Carolina law, including the Clean Indoor Air Act and Act 445, expressly or implicitly preempted Greenville's ordinance regulating smoking in bars, restaurants, and other areas.
2. Whether the ordinance violated Article VIII, section 14 of the South Carolina Constitution by criminalizing conduct that was not prohibited by statewide criminal law.
3. Whether the ordinance was consistent with the South Carolina Constitution and general law as a valid exercise of the municipality's police power.

Disposition

reversed