Bill 1016

                    Current Status

Bill Number:               1016
Ratification Number:       468
Act Number:                424
Introducing Body:          Senate
Subject:                   Relating to the retail business
                           license

(A424, R468, S1016)

AN ACT TO AMEND SECTION 12-35-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETAIL BUSINESS LICENSE, SO AS TO EXEMPT FROM THE LICENSE REQUIREMENT ORGANIZATIONS CONDUCTING CONCESSION SALES EXEMPT FROM SALES TAX AT FESTIVALS, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT CONCESSION SALES AT FESTIVALS RECOGNIZED BY THE SOUTH CAROLINA DEPARTMENT OF PARKS, RECREATION AND TOURISM BY ORGANIZATIONS DEVOTED EXCLUSIVELY TO PUBLIC OR CHARITABLE PURPOSES IF THE ENTIRE NET PROCEEDS ARE USED FOR THOSE PURPOSES, AND THE FESTIVAL ORGANIZERS APPLY IN ADVANCE TO THE TAX COMMISSION BY GIVING COMPLIANCE INFORMATION.

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

License

SECTION 1. Section 12-35-320 of the 1976 Code, as last amended by Section 16, Part II, of Act 512 of 1984, is further amended to read:

"Section 12-35-320. Every person who engages in any business as a retailer, as a condition precedent to engaging in the business, shall obtain from the Commission a retail license for each branch, establishment, or agency conducted by him and shall in addition to all other license fees charged, pay a license tax in the amount of fifty dollars for each branch, establishment, or agency of the retailer situated or located in this State. The provisions of this section do not apply to persons using a stall or other facility at a flea market or conducting a yard sale not more than once per quarter unless the persons engage in flea markets or yard sales as a regular business, nor do they apply to organizations conducting concession sales at festivals if the gross proceeds of the sales are exempt from sales tax pursuant to Section 12-35-550."

Exemption

SECTION 2. Section 12-35-550 of the 1976 Code, as amended, is further amended by adding:

"( ) The gross proceeds of concession sales at a festival by an organization devoted exclusively to public or charitable purposes if:

(a) the entire net proceeds are used for those purposes;

(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism;

(c) the festival organizers apply to the Tax Commission in advance of the festival on a form prescribed by the Commission providing information the Commission determines necessary to insure compliance with this item.

For purposes of this item, a 'festival' does not include a recognized state or county fair."

Tax Commission may prescribe procedures

SECTION 3. The South Carolina Tax Commission may by regulation prescribe procedures to effectuate the exemptions granted in this act.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.