Current Status Bill Number:4090 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:jic\5754ac.95 Residing Body:House Date Tabled:19950524 Subject:Flea market vendors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950524 Tabled
House 19950523 Objection by Representative Spearman
House 19950518 Committee report: Favorable with 26 HLCI
amendment
House 19950412 Introduced, read first time, 26 HLCI
referred to Committee
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COMMITTEE REPORT
May 18, 1995
H. 4090
S. Printed 5/18/95--H.
Read the first time April 12, 1995.
To whom was referred a Bill (H. 4090), to enact the Flea Market Vendors Act; to amend Title 40, Chapter 41, Code of Laws of South Carolina, 1976, by adding Article 7 so as to require flea market operators, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 40-41-520 and inserting:
/Section 40-41-520. A vendor shall keep a record of the source of new merchandise the vendor offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the vendor or any other documentation that establishes the source of the merchandise; however, the record or documentation must include the address of the source. The vendor shall keep the record with the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold. Upon the request of a law enforcement officer, the vendor shall produce the record of the source of new merchandise the vendor offers for sale. If the vendor fails to produce the requested record and the law enforcement officer has probable cause to believe the vendor's possession of the merchandise is unlawful, the officer may seize the merchandise and hold it in custody as evidence and on a proper determination return it to its rightful owner, where possible. A charitable organization offering merchandise for sale is exempt from the requirements of this section./
Amend further, Section 40-41-525, by deleting item (4) and inserting:
/(4) cosmetics, as defined in Section 39-25-20 unless that vendor is licensed or authorized by written agreement or contract to sell or offer for sale at retail./
Amend further, Section 40-41-525 by adding at the end:
/Nothing in this section or this article prohibits a vendor from selling or offering for sale a product or item at retail for which the person is authorized to sell by written contract or agreement./
Amend further, by deleting Section 40-41-530 and inserting:
/Section 40-41-530. A vendor shall issue a receipt to a customer purchasing goods in excess of ninety-nine dollars./
Amend further, by deleting Sections 40-41-545 and 40-41-560.
Amend further, by deleting SECTION 2 and inserting:
/SECTION 2. Section 12-36-520 of the 1976 Code, as added by Part II, Section 74A of Act 612 of 1990, is amended to read:
"Section 12-36-520. Before doing business in this State or receiving a retail license, retailers subject to the license requirements of this article not having a permanent retail sales location including, but not limited to, flea market vendors required to be licensed and vendors operating transient businesses and temporary businesses may be required to make a cash deposit or post bond unless otherwise provided by this section. The bond, determined by the commission, department may be based upon a step level bond rate and at a minimum must be equal to at least the retailers retailer's estimated annual sales tax liability. However, a person or business selling seasonal merchandise including, but not limited to, fireworks or produce may be required to make a cash deposit or post bond."/
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO, for Committee.
TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND TRANSIENT VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO PROHIBIT THE SALE OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO AMEND SECTION 12-36-520, RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT PERMANENT SALES LOCATIONS, SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN PERMISSIVE; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO AUTHORIZE THAT FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR DISTRIBUTE REPACKAGED STOLEN GOODS AND TO AUTHORIZE INCREASED FINES FOR THIS OFFENSE AND TO PROVIDE MITIGATING CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 40, Chapter 41 of the 1976 Code is amended by adding:
Section 40-41-505. For purposes of this article:
(1) `Flea market' means an event or location, other than a permanent retail store, at which space is rented to others to sell or offer for sale goods at retail.
(2) `Flea market vendor' means a person who sells or offers for sale goods at retail at a flea market.
(3) `Temporary vendor' means a person who sells or offers to sell goods at retail in this State for no more than thirty consecutive days at one location.
(4) `Transient vendor' means a person who does not have a permanent retail location in this State but who sells or offers to sell goods at retail in this State and who is required to have a retail sales license as provided for in Section 12-36-510.
(5) `Vendor' means a flea market vendor, a temporary vendor, and a transient vendor and who is required to have a retail sales license as provided for in Section 12-36-510; `vendor' does not include a person who sells by sample, catalogue, or brochure for future delivery or who makes sales presentations pursuant to a prior invitation issued by the owner or legal occupant of the premises.
Section 40-41-510. A vendor who is required to obtain a retail sales license pursuant to Section 12-36-510 must keep the license conspicuously and prominently displayed so as to be visible for inspection by patrons of the vendor at the places or locations at which the vendor sells or offers to sell goods at retail.
Section 40-41-515. (A) Upon the request of a customer, a state or local tax or revenue agent, or a law enforcement officer a vendor shall provide:
(1) the vendor's name and permanent address;
(2) proof of identification by providing a valid driver's license, special identification card issued by the Department of Public Safety, a military identification card, or a passport.
(B) If the vendor is a corporation, upon the request of a customer, a state or local tax or revenue agent, or a law enforcement officer, the agent of the vendor shall provide the name of and registered agent for the corporation and the address of the registered office of the corporation as filed with the Secretary of State.
Section 40-41-520. A vendor shall keep a record of the source of new merchandise the vendor offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the vendor or any other documentation that establishes the source of the merchandise; however, the record or documentation must include the address of the source. The vendor shall keep the record with the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold. Upon the request of a law enforcement officer, the vendor shall produce the record of the source of new merchandise the vendor offers for sale. If the vendor fails to produce the requested record and the law enforcement officer has probable cause to believe the vendor's possession of the merchandise is unlawful, the officer may seize the merchandise and hold it in custody as evidence and on a proper determination return it to its rightful owner, where possible.
Section 40-41-525. No vendor may sell or offer for sale at retail:
(1) infant formula manufactured and packaged for sale for the consumption by a child under the age of two years;
(2) drugs, as defined in Section 44-53-110;
(3) devices, as defined in Section 39-23-20;
(4) cosmetics, as defined in Section 39-25-20;
(5) any item from which the expiration date has been removed or obliterated.
Section 40-41-530. A vendor shall issue a receipt to a customer purchasing goods in excess of ninety-nine dollars and shall maintain a copy of the receipt for one year for the purposes of this section and upon the request of a law enforcement officer shall produce the copy of the receipt.
Section 40-41-535. A vendor who travels from place to place by vehicle, in addition to other requirements of this section, shall obtain a written statement signed by the owner or lessee of any property, other than a flea market, upon which the vendor offers goods for sale giving the owner's or lessee' permission to offer goods for sale upon the property of the owner or lessee. The statement clearly shall state the name of the owner or lessee, the location of the premises for which the permission is granted, and the dates during which the permission is valid. The statement must be conspicuously and prominently displayed, so as to be visible for inspection by patrons of the vendor, at the places or locations at which the goods are to be sold or offered for sale.
Section 40-41-540. (A) A flea market vendor shall register with the flea market operator before conducting business at the flea market each time the flea market vendor begins a new period of conducting business at the flea market.
(B) A flea market operator shall maintain a daily registration list of all vendors selling or offering goods for sale at the flea market. This registration shall include and the list shall state clearly and legibly each vendor's name, permanent address, and where applicable retail sales and use tax registration numbers. Each daily registration list maintained pursuant to this subsection must be retained by the flea market operator for no less than two years and at any time must be available to any law enforcement officer upon request.
Section 40-41-545. No flea market owner or operator may lease space to a vendor if the owner or operator knows the vendor:
(1) is in possession of or intends to sell or offer for sale at retail stolen goods; or
(2) has been convicted of or pled guilty to or nolo contendere to receiving, possessing, selling, repackaging, or distributing repackaged stolen goods.
Section 40-41-550. A person is guilty of a misdemeanor and, upon conviction, must be fined up to two hundred dollars or imprisoned up to thirty days or both for:
(1) failing to display a retail license in accordance with Section 40-41-510 when the vendor is required to obtain the license pursuant to Section 12-36-510;
(2) failing to provide name, address, or identification upon request pursuant to Section 40-41-515; or
(3) failing to display the statement of an owner or lessee for permission to offer goods for sale on the property of the owner or lessee as provided for in Section 40-41-535.
Section 40-41-555. A person is guilty of a misdemeanor and, upon conviction, must be fined up to one thousand dollars or imprisoned up to sixty days or both for:
(1) failing to produce upon request the record of the source of new merchandise the person offers for sale, as required by Section 40-41-520; or
(2) failing to register or maintain a daily register of flea market vendors as required by Section 40-41-540; or
(3) selling or offering for sale at retail goods from which the expiration date has been removed or obliterated as prohibited by Section 40-41-525.
Section 40-41-560. A person is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned up to three years or both for leasing space to a vendor the person knows to be in possession of or intends to sell or offer for sale at retail stolen goods, in violation of Section 40-41-545.
Section 40-41-565. A person is guilty of a felony and, upon conviction, must be fined up to ten thousand dollars or imprisoned up to five years for selling or offering for sale at retail any goods the sale of which is prohibited by Section 40-41-525(1) through (4)."
SECTION 2. Section 12-36-520 of the 1976 Code, as added by Part II, Section 74A of Act 612 of 1990, is amended to read:
"Section 12-36-520. Before doing business in this State or receiving a retail license, retailers subject to the license requirements of this article not having a permanent retail sales location including, but not limited to, flea market vendors required to be licensed, and vendors operating transient businesses and temporary businesses may be required to shall make a cash deposit or post bond. The bond, determined by the commission, department may be based upon a step level bond rate and at a minimum must be equal to at least the retailers retailer's estimated annual sales tax liability."
SECTION 3. Section 16-13-110(B) of the 1976 Code, as last amended by Act 184 of 1993, Section 111, is further amended to read:
"(B) A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days if the value of the shoplifted merchandise is one thousand dollars or less;
(2) felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both, if the value of the shoplifted merchandise is more than one thousand dollars but less than five thousand dollars;
(3) felony and, upon conviction, must be imprisoned not more than ten years if the value of the shoplifted merchandise is five thousand dollars or more.
For a fifth or subsequent offense under this section, the court may double the fines and imprisonment or both authorized by this subsection."
SECTION 4. Section 16-13-180 of the 1976 Code, as last amended by Act 184 of 1993, Section 112, is further amended to read:
"Section 16-13-180. (A) It is unlawful for a person to buy, receive, or possess, repackage, or distribute repackaged stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property is stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. A person who violates the provisions of this section is guilty of a:
(1) misdemeanor triable in magistrate's court if the value of the property is one thousand dollars or less. Upon conviction, the person must be fined or imprisoned not more than is permitted by law without presentment or indictment by the grand jury;
(2) felony and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than five years if the value of the property is more than one thousand dollars but less than five thousand dollars;
(3) felony and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than ten years if the value of the property is five thousand dollars or more.
(B) In imposing the fines under subsection (A), the county may double the allowable fines when a person is convicted of repackaging or distributing repackaged stolen goods, chattels, or property in violation of subsection (A).
(C) Information provided by a person guilty of an offense under this section which leads to a conviction for the theft of the stolen property may be considered by the court as a mitigating circumstance in imposing penalties under this section.
(D) For the purposes of this section, the receipt of multiple items in a single transaction or event constitutes a single offense."
SECTION 5. This act takes effect upon approval by the Governor.