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Current Status Bill Number:View additional legislative information at the LPITS web site.3784 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990325 Primary Sponsor:Cooper All Sponsors:Cooper, Klauber and Trotter Drafted Document Number:l:\council\bills\nbd\11098jm99.doc Residing Body:House Current Committee:Labor, Commerce and Industry Committee 26 HLCI Subject:Transient, temporary businesses; manufacturer to sell certain items, reporting, inspection; Labor, Licensing, Regulation History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990325 Introduced, read first time, 26 HLCI referred to Committee Versions of This Bill
TO AMEND ARTICLE 9, CHAPTER 41 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDS REQUIRED OF RETAILERS OF TRANSIENT AND TEMPORARY BUSINESSES, BY ADDING SECTION 40-41-720 SO AS TO PROVIDE THAT NO PERSON, EXCEPT AN AUTHORIZED MANUFACTURER'S OR DISTRIBUTOR'S REPRESENTATIVE, MAY SELL, OFFER FOR SALE, OR KNOWINGLY PERMIT THE SALE OF CERTAIN SPECIFIED ITEMS AT A TRANSIENT OR TEMPORARY BUSINESS, PROVIDE EXCEPTIONS, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR CENTRALIZED REPORTING AND RECORDKEEPING OF VIOLATIONS OF THIS SECTION AND PUBLIC INSPECTION OF THE SAME.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 9, Chapter 41 of Title 40 of the 1976 Code is amended by adding:
"Section 40-41-720. (A) No person, except an authorized manufacturer's or distributor's representative possessing on his person written proof of authorization for public retail sales from the manufacturer or distributor, may sell, offer for sale, or knowingly permit the sale at a transient business or a temporary business, as those terms are defined in and governed by Section 12-36-510, any of the following items:
(1) food manufactured and packaged for sale for consumption by a child under the age of two years;
(2) drugs, cosmetics, and medical services;
(3) a product which has an expiration date.
(B) 'Manufacturer's or distributor's representative' means an individual who has on his person written proof, available for public inspection, that he is authorized by the manufacturer or distributor to engage in the public retail sale of those products which are offered for sale. This written proof must include the seller's name and may include a date upon which the authorization expires.
(C) This section does not apply to persons who sell by sample, catalog, or brochure for future delivery or to persons who make sales presentations pursuant to an invitation issued by the owner or lawful occupant of the premises where the sales presentation is made.
(D) A person who violates the provisions of this section including, but not limited to, presenting the written proof required by this section which is false, fraudulent, forged, or fraudulently obtained or the nature of which is misrepresented, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars.
(E) The penalties provided in this section are in addition to, and not in lieu of, any other penalty provided by law for activity made unlawful by this section.
(F) Each clerk of court where a conviction under this section is obtained, or a plea of guilty or of nolo contendere is entered, shall file documentation of the conviction or of either such plea with the State Department of Consumer Affairs, which shall maintain a record of these convictions and pleas and make this record available to the public upon request."
SECTION 2. This act takes effect upon approval by the Governor.
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