(A) The charges and expenses of handling and selling leaf tobacco on the floor of tobacco warehouses must be posted in a conspicuous place and may not exceed the following schedule of prices determined under either subsection (B) or (C) of this section at the option of the warehouse.
(B) The first optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is:
(1) for auction fees, fifteen cents on all piles of one hundred pounds or less and twenty-five cents on all piles over one hundred pounds;
(2) for weighing and handling, ten cents a pile for all piles of less than one hundred pounds and ten cents for each additional one hundred pounds; and
(3) for commission on the gross sales of leaf tobacco in the warehouses not to exceed two and one-half percent.
(C) The second optional method for determining charges and expenses for handling and selling leaf tobacco on the floor of the tobacco warehouse is a commission not to exceed three percent on the gross sales of leaf tobacco in the warehouses with no auction, weighing, or handling fees.
(D) The proprietor of each warehouse shall render to each seller of tobacco at his warehouse a bill, plainly stating the amount charged for weighing and handling, the amounts charged for auction fees and the commission charged on the sale. It is unlawful for any other charges or fees exceeding those named in this section to be made or accepted.
(E) The charges authorized to be imposed by this section may not be changed except on March first of each year, and the optional method chosen shall remain in effect for a period of one year from that date."
HISTORY: 1962 Code Section 69-22; 1952 Code Section 69-22; 1942 Code Section 7197; 1932 Code Section 7197; Civ. C. '22 Section 3919; Civ. C. '12 Section 2601; Civ. C. '02 Section 1731; 1896 (22) 206; 1904 (24) 468; 1905 (24) 968; 1922 (32) 904; 1971 (57) 424; 1997 Act No. 81, Section 1, eff June 10, 1997.
Effect of Amendment
The 1997 amendment rewrote this section.
Structure South Carolina Code of Laws
Chapter 19 - Warehouses And Warehousemen Generally
Section 39-19-10. Persons and corporations who must become public warehousemen.
Section 39-19-20. Warehousemen must give bond.
Section 39-19-30. Actions against warehouseman.
Section 39-19-40. Warehouseman must insure property on request.
Section 39-19-50. Damages for use of cotton on storage without consent of owners.
Section 39-19-70. Warehouseman shall keep transactions; inspection.
Section 39-19-210. "Warehouseman" defined.
Section 39-19-220. Maximum rates for handling and selling leaf tobacco; statement of charges.
Section 39-19-230. Warehousemen must keep record of amount of tobacco sold.
Section 39-19-290. Civil penalty for violating maximum rates provision; action to recover penalty.
Section 39-19-410. Declaration of purpose.
Section 39-19-420. "Warehouseman" defined.
Section 39-19-440. Delivery records must be kept by warehouseman or cooperative.
Section 39-19-450. Information ticket or card must be placed on tobacco.
Section 39-19-460. Tickets or cards and tobacco must be open to inspection.
Section 39-19-470. Retention of tickets or cards after sale.
Section 39-19-480. Failure to give true name is a misdemeanor.
Section 39-19-490. Offenses by warehousemen or cooperatives.
Section 39-19-500. Sale of tobacco in name other than that of true owner.