H 4069 Session 111 (1995-1996)
H 4069 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 dealers, so as to prohibit the
exhibition sale of travel trailers, fold-up camping trailers and motor homes
beyond fifty miles from the dealership 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 to not permit the issuance of temporary licenses for this purpose
beyond fifty miles from the dealership.
04/12/95 House Introduced and read first time HJ-39
04/12/95 House Referred to Committee on Labor, Commerce and
Industry HJ-39
02/06/96 House Tabled in committee Labor, Commerce and Industry
A BILL
TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO LICENSING OF TRAVEL
TRAILER DEALERS, SO AS TO PROHIBIT THE EXHIBITION
SALE OF TRAVEL TRAILERS, FOLD-UP CAMPING
TRAILERS AND MOTOR HOMES BEYOND FIFTY MILES
FROM THE DEALERSHIP 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
TO NOT PERMIT THE ISSUANCE OF TEMPORARY
LICENSES FOR THIS PURPOSE BEYOND FIFTY MILES
FROM THE DEALERSHIP.
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
fold-up camping trailers, motor homes, and travel trailers at
fairs, recreational or sports shows, vacation shows, and other similar
events or shows only within fifty miles of the dealership
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
another dealer or location.
Any A person failing who fails to
secure a temporary license as required by this section and who
shows and sells camping trailers, travel trailers, or motor homes
more than fifty miles from the permanent dealership, 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
only within fifty miles of the dealership 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.
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