Current Status Introducing Body:House Bill Number:3063 Primary Sponsor:Whipper Committee Number:26 Type of Legislation:GB Subject:Merchandising unfair trade practices Residing Body:House Current Committee:Labor, Commerce and Industry Computer Document Number:EGM/18038DW.93 Introduced Date:19930112 Last History Body:House Last History Date:19930112 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Whipper Holt White J. Bailey Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3063 House 19930112 Introduced, read first time, 26
referred to Committee
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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.