The South Carolina Legislative Council is offering access to the unannotated South Carolina Code of Laws on the Internet as a service to the public. The unannotated South Carolina Code on the General Assembly's website is now current through the 2011 session. The unannotated South Carolina Code, consisting only of Code text, numbering, and history, may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the unannotated South Carolina Code available on the South Carolina General Assembly's website, the unannotated South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify Legislative Printing, Information and Technology Systems at LPITS@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this website, in which case LPITS will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
Title 40 - Professions and Occupations
Record of purchases; nonferrous metals.
Any person buying junk shall keep a book that he shall keep open to the inspection of all persons, wherein he shall set down the name and address, city, and street of every person selling junk and an itemized statement of all junk bought from such person and the date of purchase. Any person buying junk that consists of nonferrous metals, as defined by Section 16-17-680 is subject to the provisions of Section 16-17-680.
HISTORY: 1962 Code Section 56-751; 1952 Code Section 56-751; 1942 Code Section 7138; 1932 Code Section 7138; Civ. C. '22 Section 3954; 1913 (28) 209; 2009 Act No. 26, Section 4.
Junk required to be kept open for inspection.
Such person shall keep each article of junk so purchased for a period of seventy-two hours following such purchase and shall keep such junk open to the inspection of all persons.
HISTORY: 1962 Code Section 56-752; 1952 Code Section 56-752; 1942 Code Section 7139; 1932 Code Section 7139; Civ. C. '22 Section 3955; 1913 (28) 209.
A person violating a provision of this article shall be fined a sum not exceeding five hundred dollars or imprisoned not exceeding thirty days. Each violation constitutes a separate offense.
HISTORY: 1962 Code Section 56-753; 1952 Code Section 56-753; 1942 Code Section 7140; 1932 Code Section 7140; Civ. C. '22 Section 3956; Cr. C. '22 Section 295; 1913 (28) 209; 2009 Act No. 26, Section 6.
MOTOR VEHICLE JUNK YARDS IN COUNTIES WITH CITY OVER 70,000
"Motor vehicle junk yard" defined.
The term "motor vehicle junk yard" shall include any place of storage or deposit, whether in connection with another business or not, which displays, or in or upon which are displayed, to view from the public highway two or more unregistered motor vehicles which are unfit for reconditioning for use on the public highways, used parts of motor vehicles, old iron, metal, glass, paper, cordage or other waste, discarded or secondhand material which has been a part or is intended to be a part of any motor vehicles, the sum of which parts or material shall be equal in bulk to two or more motor vehicles.
HISTORY: 1962 Code Section 56-761; 1952 Code Section 56-761; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Annual license fee.
In all counties of this State containing a city having more than seventy thousand population, according to the then most recent United States official census, there is hereby levied and imposed an annual license fee upon all motor vehicle junk yards which are located within fifty feet of the right of way of any state highway or county road or which shall be visible from any such highway or road, such license to be graduated according to the area occupied by each such motor vehicle junk yard at the rate of one hundred and fifty dollars per acre. Such license fee shall be due and payable on or before July first of each year.
HISTORY: 1962 Code Section 56-762; 1952 Code Section 56-762; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Furnishing of list of junk yards to county treasurer.
The board of assessment and equalization in each such county shall furnish to the county treasurer on or before the first day of March in each year a list of all junk yards required to procure a license under this article and to pay the license fee herein imposed, together with the acreage of the area occupied by each such motor vehicle junk yard.
HISTORY: 1962 Code Section 56-763; 1952 Code Section 56-763; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Payment of fee; issuance of license.
Such license fees shall be payable to the county treasurer of the county in which the motor vehicle junk yard shall be located. Upon receipt of such fees the county treasurer shall issue to the person paying it a receipt which shall constitute the license of such person to conduct such business for the current calendar year.
HISTORY: 1962 Code Section 56-764; 1952 Code Section 56-764; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Collection of delinquent license fees.
In the case of any such motor vehicle junk yard for which no license fee has been paid on or before July first of the preceding year, the county treasurer shall issue his execution to the sheriff for the collection of the license fee due hereunder, together with the same costs and penalties as are provided by law in the case of county taxes, and the sheriff shall enforce such execution and collect it in the manner provided by law for the collection of executions for county taxes.
HISTORY: 1962 Code Section 56-765; 1952 Code Section 56-765; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Notice to magistrate of nonpayment of license fee.
When the county treasurer shall issue his execution to the sheriff under the provisions of Section 40-27-150, he shall also notify the magistrate having jurisdiction over the territory in which such junk yard shall lie that the license fee herein imposed has not been paid by the person operating such junk yard and such magistrate shall institute proceedings under Section 40-27-170 for the enforcement of the provisions of this article.
HISTORY: 1962 Code Section 56-766; 1952 Code Section 56-766; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.
Any person owning, operating or conducting a motor vehicle junk yard in any such county without obtaining a license, as herein provided, and paying the license fee herein levied and imposed on or before the time fixed in this article for the payment thereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars or imprisoned for not more than thirty days. Each day upon which any such violation occurs shall constitute a separate offense.
HISTORY: 1962 Code Section 56-767; 1952 Code Section 56-767; 1942 Code Section 7140-1; 1939 (41) 176, 535; 1940 (41) 1632; 1941 (42) 49.