Current Status Introducing Body:House Bill Number:3039 Primary Sponsor:Whipper Type of Legislation:GB Subject:Retail business person, certain terms may not use Residing Body:House Computer Document Number:3039 Introduced Date:Jan 08, 1991 Date of Last Amendment:Jun 03, 1992 Last History Body:Senate Last History Date:Jun 04, 1992 Last History Type:Read third time, returned with amendment Scope of Legislation:Statewide All Sponsors:Whipper Rama M.O. Alexander Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3039 Senate Jun 04, 1992 Read third time, returned
with amendment
3039 Senate Jun 03, 1992 Amended, read second time,
ordered to third reading with
notice of general amendments
3039 Senate May 26, 1992 Committee Report: Favorable 12
with amendment
3039 Senate Apr 06, 1992 Introduced, read first time, 12
referred to Committee
3039 House Apr 02, 1992 Read third time, sent to
Senate
3039 House Apr 01, 1992 Amended, read second time
3039 House Mar 19, 1992 Objection withdrawn by
Representative
3039 House Mar 19, 1992 Objection withdrawn by
Representative
3039 House Mar 18, 1992 Objection by Representative
3039 House Mar 18, 1992 Amended
3039 House Mar 05, 1992 Objection withdrawn by
Representative
3039 House Feb 27, 1992 Objection withdrawn by
Representative
3039 House Feb 20, 1992 Objection by Representative
3039 House Feb 19, 1992 Committee Report: Favorable 26
with amendment
3039 House Jan 08, 1991 Introduced and read first 26
time, referred to Committee
3039 House Dec 12, 1990 Prefiled, referred to 26
Committee
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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
AMENDED
June 3, 1992
H. 3039
Introduced by REPS. Whipper, Rama and M.O. Alexander
S. Printed 6/3/92--S.
Read the first time April 6, 1992.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-90 SO AS TO MAKE IT UNLAWFUL FOR A BUSINESS WHICH IS LICENSED AS A RETAILER BY A MUNICIPALITY, COUNTY, OR THE STATE TO USE THE TERM "WHOLESALER" OR "DISTRIBUTOR" IN ITS NAME, TO PROVIDE AN EXCEPTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
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 or from using the terms `wholesaler' or `distributor' in its name or advertising.
(C) The provisions of this section do not apply to a business which is licensed both as a retailer and a wholesaler."
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 January 1, 1994.