H 4426 General Bill, By J.L.M. Cromer
 A Bill to amend Section 31-17-520, Code of Laws of South Carolina, 1976,
 relating to licensing of travel trailer dealer, so as to prohibit the
 exhibition and sale of travel trailers at certain shows and events; to amend
 Section 56-15-310, relating to licensing for manufacturers and distributors,
 so as to prohibit the exhibition and sale of motor homes at certain shows and
 events and repeal the issuance of temporary licenses for this purpose.

   01/11/94  House  Introduced and read first time HJ-50
   01/11/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-51

A BILL

TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF TRAVEL TRAILER DEALER, SO AS TO PROHIBIT THE EXHIBITION AND SALE OF TRAVEL TRAILERS AT CERTAIN SHOWS AND EVENTS; TO AMEND SECTION 56-15-310, RELATING TO LICENSING FOR MANUFACTURERS AND DISTRIBUTORS, SO AS TO PROHIBIT THE EXHIBITION AND SALE OF MOTOR HOMES AT CERTAIN SHOWS AND EVENTS AND REPEAL THE ISSUANCE OF TEMPORARY LICENSES FOR THIS PURPOSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 31-17-520 of the 1976 Code is amended to read:

"Section 31-17-520. (1)(A) Before engaging in business as a travel trailer dealer in this State, every a person must first make application to the department for a license. Every Each license issued expires on December thirty-first next following the date of issuance and must be prominently displayed at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to any other another person or place of business.

(2)(B) Any A person failing who fails to secure a license as required in this article is guilty of a misdemeanor and, upon conviction, must be punished:

(a)(1) by a fine of fined not less than fifty dollars nor more than five hundred dollars or imprisonment for imprisoned not more than thirty days for the first offense;

(b)(2) by a fine of fined not less than five hundred dollars nor more than one thousand dollars or imprisonment for imprisoned not more than six months, or both, for the second offense;

(c)(3) by a fine of fined not less than one thousand dollars nor more than ten thousand dollars or imprisonment for imprisoned not more than two years, or both, for the third or any subsequent offense. For purposes of this section, the sale of each travel trailer constitutes a separate offense.

(3)(C) The department will use the same application form and procedures as utilized for a `motor vehicle dealer' licensed as defined by Sections 56-15-310, et seq.

(4) A licensed travel trailer dealer may exhibit and sell travel trailers at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. Before exhibiting and selling travel trailers at temporary locations as permitted above, the dealer shall first make application to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this article. Every temporary dealer's license issued is valid for a period not to exceed ten consecutive days and must be displayed prominently at the temporary place of business. No dealer may purchase more than six temporary licenses in any one calendar year. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other dealer or location.

Any person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license."

SECTION 2. Section 56-15-310 of the 1976 Code is amended to read:

"Section 56-15-310. (1)(A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application to the department for a license. Each license issued expires on December thirty-first next following the date of issuance and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business. except that a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. Before exhibiting and selling motor homes at temporary locations as permitted above, the dealer shall first make application to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed ten consecutive days and must be prominently displayed at the temporary place of business. No dealer may purchase more than six temporary licenses in any one calendar year. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other dealer or location.

Any person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.

The provisions of this section may not be construed as allowing the sale of any type of motor vehicles other than motor homes at authorized temporary locations.

(2)(B) Any A person failing who fails to secure a license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be punished:

(a)(1) By a fine of fined not less than fifty dollars nor more than two hundred dollars or imprisonment for imprisoned not more than thirty days for the first offense.;

(b)(2) By a fine of fined not less than two hundred dollars nor more than one thousand dollars or imprisonment for imprisoned not more than six months, or both, for the second offense.;

(c)(3) By a fine of fined not less than one thousand dollars nor more than ten thousand dollars or imprisonment for imprisoned not more than two years, or both, for the third or any subsequent offense. For purposes of this section, the sale of each motor vehicle constitutes a separate offense."

SECTION 3. This act takes effect upon approval by the Governor.