Beachfront Entertainment, Inc. v. Town of Sullivan's Island

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 working in all Work Space, Work Spaces and Work Places as those terms are defined herein. Further, the employer and all employees shall prohibit any persons present in said Work Space, Work Spaces…