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BEACHFRONT ENTER., INC. v. TOWN OF SULLIVAN'S ISLAND

No. 26539.

379 S.C. 602 (2008)

666 S.E.2d 912

BEACHFRONT ENTERTAINMENT, INC. d/b/a Bert's Bar, John Elder, Mary Lynn Sheppard, and Cole Charles, Appellants, v. TOWN OF SULLIVAN'S ISLAND, Respondent.

Supreme Court of South Carolina.

Decided September 8, 2008.

Attorney(s) appearing for the Case

Stephen P. Groves, Sr., Bradish J. Waring, and Paul A. Dominick, of Nexsen Pruet, LLC, all of Charleston, for appellant Beachfront Entertainment, Inc.

John F. Martin, of The Martin Law Firm, of Charleston, for appellants John Elder, Mary Lynn Sheppard, and Cole Charles.

Mark C. Tanenbaum and John P. Algar, both of Mark C. Tanenbaum, P.A.; and Frances I. Cantwell and William B. Regan, both of Regan and Cantwell, LLC, all of Charleston, for respondent.

Charles W. Patrick, Jr., Gregory A. Lofstead and Matthew D. Hamrick, all of Richardson, Patrick, Westbrook & Brickman, of Charleston, for Amicus Curiae Tobacco Control Legal Consortium.

Justice MOORE.

This appeal is from a circuit court order upholding respondent's (Town's) ordinance banning smoking in the workplace. We find the penalty provision of the ordinance invalid and reverse that part of the circuit court's decision.

FACTS

Town's Ordinance § 14-29 provides in essential part:

(D) Prohibition of Smoking in the Workplace (1) The employer shall provide a smoke free environment for all employees...

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