(A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application to the Department of Motor Vehicles for a license. Each license issued expires twelve months from the month of issue (licensing period) and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business except that a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. No other exhibitions may be allowed, except as may be permitted by this section. Before exhibiting and selling motor homes at temporary locations as permitted above, the dealer shall first make application to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed ten consecutive days and must be prominently displayed at the temporary place of business. No dealer may purchase more than six temporary licenses in any one licensing period. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other dealer or location.
Any person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.
The provisions of this section may not be construed as allowing the sale of any type of motor vehicles other than motor homes at authorized temporary locations.
(B) A person who fails to secure either a temporary or a permanent license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be fined:
(1) not less than fifty dollars or more than two hundred dollars or imprisoned for not more than thirty days for the first offense;
(2) not less than two hundred dollars or more than one thousand dollars or imprisoned for not more than six months, or both, for the second offense; and
(3) not less than one thousand dollars or more than ten thousand dollars or imprisoned for not more than two years, or both, for the third or any subsequent offense.
For purposes of this section, the sale of each motor vehicle constitutes a separate offense.
HISTORY: 1983 Act No. 118 Section 12; 1988 Act No. 603, Section 2; 1996 Act No. 459, Section 225.
Structure South Carolina Code of Laws
Chapter 15 - Regulation Of Manufacturers, Distributors And Dealers
Section 56-15-10. Definitions.
Section 56-15-20. Persons subject to chapter and jurisdiction of courts; service of process.
Section 56-15-35. Consumer data.
Section 56-15-46. Notice of intent to establish or relocate competing dealership; injunction.
Section 56-15-60. Fulfillment of warranty agreements; dealers' claims for compensation.
Section 56-15-65. Requiring change of location or alteration of dealership.
Section 56-15-70. Certain unreasonable restrictions on dealers or franchisees unlawful.
Section 56-15-75. Requiring dealer to refrain from acquiring another line of new motor vehicles.
Section 56-15-80. Agreements to which chapter applies.
Section 56-15-85. Electronic sale of vehicles.
Section 56-15-96. Measurement of dealership performance; burden of proof.
Section 56-15-100. Discounts, refunds, and other inducements to dealers.
Section 56-15-110. Suits for damages.
Section 56-15-120. Limitation of actions.
Section 56-15-130. Contracts in violation of chapter void.
Section 56-15-310. License required; term of license; fee; scope of license; penalty for violation.
Section 56-15-315. Off-site displays of automobiles or trucks.
Section 56-15-330. Facilities required for issuance of dealer's license.
Section 56-15-350. Denial, suspension, or revocation of license; grounds; procedure.
Section 56-15-410. Required pre-licensing education courses.
Section 56-15-420. Promulgation of regulations.
Section 56-15-440. Applicability to dealers engaged primarily in motor vehicle salvage.
Section 56-15-450. Applicability to dealers primarily engaged in rental of motor vehicles.
Section 56-15-510. Definitions.
Section 56-15-530. Buying or selling motor vehicles in name of wholesale motor vehicle auction.
Section 56-15-550. Sales through auction of motor vehicles acquired incident to regular business.
Section 56-15-560. Application for license for wholesale motor vehicle auction; fee.
Section 56-15-570. Surety bond required.
Section 56-15-580. Change of information on application must be reported.
Section 56-15-590. Establishment and retention of records.
Section 56-15-600. Wholesale motor vehicle auction license plates.