H 4839 General Bill, By Loftis, Bailey, Bales, Davenport, Haskins, Herbkersman, 
Howard, Keegan, Leach, Scott, Sinclair, G.R. Smith, Vaughn and Whitmire
 A BILL TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO FACILITIES REQUIRED FOR THE ISSUANCE OF A MOTOR VEHICLE DEALER'S
 LICENSE, SO AS TO PROVIDE THAT A FIXED LOCATION FOR THE CONDUCT OF THE SALE OR
 EXCHANGE OF MOTOR VEHICLES AS A PRINCIPAL BUSINESS MAY INCLUDE A SEPARATE UNIT
 LOCATED IN A MULTIPURPOSE OR MULTITENANT BUILDING.

   02/25/04  House  Introduced and read first time HJ-64
   02/25/04  House  Referred to Committee on Education and Public
                     Works HJ-65

TO AMEND SECTION 56-15-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACILITIES REQUIRED FOR THE ISSUANCE OF A MOTOR VEHICLE DEALER'S LICENSE, SO AS TO PROVIDE THAT A FIXED LOCATION FOR THE CONDUCT OF THE SALE OR EXCHANGE OF MOTOR VEHICLES AS A PRINCIPAL BUSINESS MAY INCLUDE A SEPARATE UNIT LOCATED IN A MULTIPURPOSE OR MULTITENANT BUILDING.

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

SECTION    1.    Section 56-15-330 of the 1976 Code is amended to read:

"Section 56-15-330.    No A dealer may must not be issued or allowed to maintain a motor vehicle dealer's license unless he:

(1)    The dealer maintains a bona fide established place of business for conducting the business of selling or exchanging motor vehicles which must be the principal business conducted from the fixed location. This item does not preclude the operation of a car dealership in a multipurpose or multitenant building or premises if the established place for conducting the business of selling or exchanging motor vehicles is actually located in a separate, segregated, walled unit of that building or premises. The sale of motorcycle or motor driven cycles need not be the principal business conducted from the fixed location. A bona fide established place of business for any a motor vehicle dealer includes is a permanent, enclosed building or structure, not excluding including a permanently installed mobile home containing at least ninety-six square feet of floor space, actually occupied by the applicant and easily accessible by the public, at in which:

(a)    a permanent business of bartering, trading, or selling of motor vehicles or displaying vehicles for bartering, trading, or selling is carried on, wherein;

(b)    the public may contact the owner or operator at all reasonable times; and

(c)    in which must be kept and maintained the books, records, and files required by this chapter must be kept and maintained. A bona fide established place of business does not mean a residence, tent, temporary stand, or other temporary quarters.

(2)    The dealer's place of business must display displays at the place of business a permanent sign with letters at least six inches in height, clearly readable from the nearest major avenue of traffic. The sign must clearly identify the licensed business.

(3)    The dealer's place of business must have has a reasonable area or lot to properly display motor vehicles at his place of business."

SECTION    2.    This act takes effect upon approval by the Governor.