H 3063 General Bill, By L.S. Whipper, J.J. Bailey, D.N. Holt and J.M. White
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 39-5-355 so as to make it unlawful for a business which is primarily engaged
 in retail sales to use the term "wholesaler", "wholesale", or "distributor" in
 its name or advertising, to define retailer, and to provide an exception; and
 to amend Section 39-5-360 relating to the penalties for violation of Article
 3, Chapter 5, Title 39 (Merchandising Unfair Trade Practices) so as to
 increase the penalty.

   01/12/93  House  Introduced and read first time HJ-35
   01/12/93  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-35

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-355 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS PRIMARILY ENGAGED IN RETAIL SALES TO USE THE TERM "WHOLESALER", "WHOLESALE", OR "DISTRIBUTOR" IN ITS NAME OR ADVERTISING, TO DEFINE RETAILER, AND TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 39-5-360 RELATING TO THE PENALTIES FOR VIOLATION OF ARTICLE 3, CHAPTER 5, TITLE 39 (MERCHANDISING UNFAIR TRADE PRACTICES) SO AS TO INCREASE THE PENALTY.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 39-5-355. (A) A business which is primarily engaged in retail sales may not use the term `wholesaler', `wholesale', or `distributor' in its name or advertising. For purposes of this section, a `retailer' is a business in which more than fifty percent of the gross revenues are generated from retail sales.

(B) Nothing in this section prevents a bona fide membership-only business organization from allowing members to purchase merchandise at prices represented to be lower than those generally available to the public."

SECTION 2. Section 39-5-360 of the 1976 Code is amended to read:

"Section 39-5-360. Each sale in violation of the terms of this article shall be declared is a separate offense and the penalty for each violation thereof shall must be a fine of not more than one five hundred dollars or imprisonment for not more than thirty days in the discretion of the court."

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