reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-30. Certificate of authority required for each business location; penalties; location of retained pledged goods; posting of operation hours.

(A) No person may carry on the business of a pawnbroker in any location other than the one designated in his certificate of authority, under penalty of administrative fine, revocation of his certificate of authority, or other action by the administrator pursuant to regulation or criminal prosecution as set out in this chapter.
(B) No pawnbroker may retain pledged goods in a location other than the location designated in the certificate of authority without first filing a notification with the department. A request made pursuant to this subsection must be on a form prescribed by the department.
(C) A pawnbroker conspicuously shall post the hours of operation and any closure at each location.
HISTORY:1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 6, eff June 9, 2016.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1749; Civ. C. '12 Section 2625; Civ. C. '22 Section 3946; 1932 Code Section 7130; 1942 Code Section 7130; 1952 Code Section 56-1153; 1962 Code Section 56-1153.
Effect of Amendment
2016 Act No. 262, Section 6, inserted the paragraph designators; in (A), twice substituted "certificate of authority" for "Certificate of Authority"; and added (B) and (C), relating to location of retained pledged goods and operation hours postings.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-40. Unauthorized fees prohibited; violative pawn transaction ramifications.

(A) No pawnbroker may charge or collect any fees, costs, or assessments of any kind or nature other than those specifically allowed under this chapter.
(B) A person who makes a pawn transaction in violation of this chapter:
(1) may not collect, receive, or retain any interest or charges on the loan in violation of this chapter; and
(2) has no right to possess the pledged goods.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 7, eff June 9, 2016.
Effect of Amendment
2016 Act No. 262, Section 7, inserted paragraph designator (A), and added (B), relating to violative pawn transaction ramifications.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-50. Bonding and insurance requirements; notice of potential threats to pawned goods.

(A) A person seeking a certificate of authority to carry on the business of a pawnbroker shall at the time of application for his certificate file with the Department of Consumer Affairs:
(1) a bond in favor of the department to be executed by the person granted the certificate by a surety company licensed to do business in this State in the penal sum of fifteen thousand dollars to be approved by the administrator. The bond must be conditioned for the faithful performance of the duties and obligations pertaining to the business so authorized; and
(2) proof of adequate insurance coverage for all pledged goods in the event of loss by fire, theft, burglary or otherwise, or liability to the pledgor.
(B) Within twenty-one calendar days after the occurrence of an event that may affect pledged goods, including, but not limited to, fire, theft, or judicial proceedings, a pawnbroker shall file a written notice on a form prescribed by the department describing the event and its expected impact upon the business.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 8, eff June 9, 2016.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1749; Civ. C. '12 Section 2625; Civ. C. '22 Section 3946; 1932 Code Section 7130; 1942 Code Section 7130; 1952 Code Section 56-1155; 1962 Code Section 56-1155.
Effect of Amendment
2016 Act No. 262, Section 8, inserted the paragraph designators; in (A), substituted "A person" for "Every person"; in (A)(1), substituted "by" for "and by two responsible sureties or", substituted "fifteen thousand dollars" for "five thousand dollars", and deleted the prior last three sentences, relating to evidence of financial responsibility; added (A)(2) and (B), relating to insurance and written notice of an event that may affect pledged goods; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-55. Periodic dollar amount adjustments.

(A) Effective July 1, 2021, and each fifth July first thereafter, the dollar amounts in Section 40-39-50(A)(1) and the dollar amounts concerning loans in Section 40-39-100 must be adjusted by the department to reflect the percentage change for the five-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(B) The administrator shall publish a notice in the State Register of the changes in dollar amounts before May first of each year in which dollar amounts are to change. A person must not be considered to violate the provisions of this chapter with respect to a transaction otherwise complying with those provisions if he relies on dollar amounts appearing in the last notice of the administrator announcing the dollar amounts current at that time.
(C) The dollar amounts may not change more than ten percent for each adjustment period.
(D) The dollar amounts in Section 40-39-50(A)(1) and Section 40-39-100(C) are subject to change in accordance with this section.
HISTORY: 2016 Act No. 262 (H.4090), Section 1, eff June 9, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-60. Actions on bond.

If any person is aggrieved by the misconduct of any licensed pawnbroker and recovers judgment against him thereafter, he may, after the return unsatisfied, either in whole or in part, of any execution issued upon the judgment, maintain an action in his own name upon the bond of the pawnbroker in any court having jurisdiction of the amount claimed.
HISTORY: 1988 Act No. 491, Section 2.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1750; Civ. C. '12 Section 2626; Civ. C. '22 Section 3947; 1932 Code Section 7131; 1942 Code Section 7131; 1952 Code Section 56-1156; 1962 Code Section 56-1156.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-70. Recordkeeping; identity verifications; only owners or their agents may pawn or sell.

(A) A pawnbroker shall keep a record, at the time of any loan or purchase, containing:
(1) an account, description, and digital photograph of the goods, articles, or things pawned, pledged, or purchased;
(2) the amount of money loaned thereon;
(3) the time of pledging them;
(4) the charges or the rate of interest to be paid on the loan; and
(5) the name and residence of the person selling, pawning, or pledging the goods, articles, or things.
(B) Before a pledge or purchase, the pawnbroker shall verify the identity of the pledgor or seller by reviewing a state-issued or federally issued photographic identification card, including a United States military identification card, or a passport issued by the United States.
(C) A pawn or purchase transaction must be performed by the owner of the property, or his authorized agent, whose identity and agency relationship must be verified by the pawnbroker.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 9, eff June 9, 2016; 2018 Act No. 191 (S.810), Section 1, eff August 15, 2018.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1751; Civ. C. '12 Section 2627; Civ. C. '22 Section 3948; 1932 Code Section 7132; 1942 Code Section 7132; 1952 Code Section 56-1157; 1962 Code Section 56-1157; 1962 (52) 1959.
Effect of Amendment
2016 Act No. 262, Section 9, inserted paragraph designator (A); in (A), inserted "or purchase", and inserted "selling"; and added (B) and (C), relating to identity verification and transaction performance requirements.
2018 Act No. 191, Section 1, amended (A), requiring pawnbrokers to keep digital photographs of goods, articles, or things pawned.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-90. Recordkeeping; electronic transfers; database.

(A) Records kept by pawnbrokers pursuant to this chapter must at all reasonable times be open to the inspection by court officials, law enforcement officers, the Administrator of the Department of Consumer Affairs, and their designees. Any loan records identifying any individual must be handled in a confidential manner at all times.
(B) Pawnshops operating in this State shall provide all records of pledged items by electronic data transfer to a database system accessible by law enforcement and approved by the South Carolina Department of Consumer Affairs.
HISTORY: 1988 Act No. 491, Section 2; 2018 Act No. 191 (S.810), Section 2, eff August 15, 2018.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1753; Civ. C. '12 Section 2629; Civ. C. '22 Section 3950; 1932 Code Section 7134; 1942 Code Section 7134; 1952 Code Section 56-1159; 1962 Code Section 56-1159.
Effect of Amendment
2018 Act No. 191, Section 2, inserted the (A) designator; added (B), relating to the requirement that pawnshops provide all records of pledged items by electronic data transfer to a database system; and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-110. Vesting of title to pledged property.

If any loan remains unpaid for a period of sixty days from the due date or any renewal or extension thereof, the title of the borrower or pledgor to the property pledged to secure the loan shall vest in the pawnbroker, without advertising, sale, or accountability to the pledgor, if the pawn ticket or memorandum delivered to the borrower in accordance with Section 40-39-80, contains on the back thereof a notice to that effect, and if a printed or written notice of the impending forfeiture is mailed to the pledgor at the address given on the pawn ticket, at least ten days prior to the forfeiture date. This notice must contain a description of the article pledged, and the amount due thereon as of the date of the notice. No notice is required on loans of fifty dollars or less.
HISTORY: 1988 Act No. 491, Section 2.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1755; Civ. C. '12 Section 2631; Civ. C. '22 Section 3952; 1932 Code Section 7136; 1942 Code Section 7136; 1952 Code Section 56-1161; 1962 Code Section 56-1161; 1962 (52) 1959.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-120. Certificate of authority renewals; penalties for noncompliance; limited operations after lapses.

(A) A pawnbroker applying for a certificate of authority shall tender to the department a fee of two hundred seventy-five dollars plus all other applicable fees required by other agencies to process the application. The administrator may revoke any certificate of authority if the pawnbroker has violated this chapter or any regulation or order lawfully made pursuant to this chapter, or if facts or conditions exist which would clearly have justified the administrator in refusing to grant a certificate of authority had these facts or conditions been known to exist at the time the application for certificate of authority was made. The administrator may promulgate regulations for obtaining and revoking the certificate of authority. Certificates of authority must be renewed on a yearly basis. Applications for renewal must be accompanied by a renewal fee of two hundred seventy-five dollars.
(B) If a pawnbroker's certificate of authority is not renewed before June thirtieth, the administrator shall assess the pawnbroker in addition to the renewal in subsection (A). If a pawnbroker fails to renew his certificate of authority within thirty days after the date the certificate of authority expires or otherwise maintain a valid certificate of authority, the administrator shall require the pawnbroker to comply with the requirements for the initial issuance of a certificate of authority pursuant to this chapter, in addition to any assessment that has accrued.
(C) In the event of closure because of surrender or revocation of a certificate of authority, a pawnbroker shall, for the sole purpose of allowing a pledgor to redeem pledged goods, maintain usual business hours at the pawnshop for ninety days after the latest maturity date of a pawn transaction made at that pawnshop or transfer of pledged goods to a pawnbroker with a valid certificate of authority.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 12, eff June 9, 2016.
Editor's Note
Prior Laws:1900 (23) 427; Civ. C. '02 Section 1749; Civ. C. '12 Section 2625; Civ. C. '22 Section 3946; 1932 Code Section 7130; 1942 Code Section 7130; 1952 Code Section 56-1163; 1962 Code Section 56-1163.
Effect of Amendment
2016 Act No. 262, Section 12, inserted paragraph designator (A); in (A), made nonsubstantive changes in capitalization of the phrase "certificate of authority"; and added (B) and (C), relating to penalties for noncompliance and limited operations after lapses.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-130. Pawnbrokers to comply with federal law; enforcement powers of administrator.

All pawnbrokers shall comply with the Federal Truth in Lending Act. The administrator has the administrative enforcement powers set forth in Section 108 of the Federal Truth in Lending Act.
HISTORY: 1988 Act No. 491, Section 2.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-140. Third-party ownership of pledge and sold property; returns; pawnbroker remedies and liability exemption.

(A) No pawnbroker shall accept property from a pledgor or seller upon which there is evidence of ownership by a third party without first taking reasonable steps to ascertain its true ownership. Any such item accepted for pawn or purchased by a pawnbroker must be returned on demand without fee to the third party owner.
(B)(1) If property in the possession of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged or sold the property to the pawnbroker, the pawnbroker shall return the property to the lessor if the lessor provides the pawnbroker with evidence that the property was the lessor's property and was leased to the pledgor or seller at the time the property was pledged or sold to the pawnbroker. For the purposes of this section, a lease or other written agreement containing a matching item description shall be sufficient evidence of the lessor's ownership of the property.
(2) If property in the possession of a pawnbroker was leased to a pledgor or seller when the pledgor or seller pledged or sold the property to the pawnbroker and the pawnbroker returns the property to the lessor, the pledgor or seller must pay the pawnbroker:
(a) the amount financed, the finance fee for the pawn transaction, and any costs associated with collecting those amounts and fees, if the property was pledged to the pawnbroker; or
(b) the amount that the pawnbroker paid the seller and any costs associated with collecting that amount if the property was sold to the pawnbroker.
(3) A pawnbroker is not liable to the pledgor or seller of property that is recovered by a lessor under item (1) for returning the property to a lessor.
HISTORY: 1988 Act No. 491, Section 2; 2016 Act No. 262 (H.4090), Section 13, eff June 9, 2016.
Effect of Amendment
2016 Act No. 262, Section 13, inserted paragraph designator (A); in (A), inserted "or seller" and "or purchased"; and added (B), relating to returns and pawnbroker remedies and liability exemption.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-145. Hold orders.

(A) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated or stolen, he shall deliver to the pawnbroker the relevant police report or case number pertaining to the property, and the pawnbroker shall release the property to the appropriate law enforcement agency for use in a criminal investigation or return the property to the identified innocent owner. A pawnbroker who releases the property to law enforcement must be listed as a statutory victim on all transmitted reports and case files. If at the conclusion of the criminal investigation no identifiable innocent owner is found, the property must be returned to the pawnbroker by the appropriate law enforcement agency.
(B) The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property. Upon completion of the criminal proceeding involving the property identified as stolen, the court additionally shall order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property.
(C) When law enforcement seizes property pursuant to subsection (A), they shall hold the seized property for ten business days before releasing it to an innocent owner. During this ten business day period, a pawnbroker may file an action for claim and delivery of the seized property, provided it also shall serve notice of this action to the law enforcement agency. If no notice is received within this ten business day period, the law enforcement agency may release the property to an identified innocent owner. A law enforcement agency that receives notice shall hold the property during the pendency of the action.
HISTORY: 2016 Act No. 262 (H.4090), Section 2, eff June 9, 2016; 2018 Act No. 191 (S.810), Section 3, eff August 15, 2018.
Effect of Amendment
2018 Act No. 191, Section 3, rewrote the section.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-150. Administrative orders; penalties.

(A) Upon finding that an action of a pawnbroker is in violation of the provisions of this chapter or of a law or regulation of this State or of the federal government or an agency of the state or federal government, the administrator may issue an administrative order requiring the pawnbroker to cease and desist from the action and may suspend, revoke, or refuse to issue a certificate of authority by order.
(B) The administrator also may issue an administrative order imposing administrative penalties of up to seven hundred fifty dollars for each offense upon persons violating any of the provisions of this chapter up to a maximum of fifteen thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. In addition, a person violating the provisions of Sections 40-39-20 and 40-39-30 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding sixty days, or both.
HISTORY: 1988 Act No. 491, Section 2; 1991 Act No. 142, Section 26; 2005 Act No. 128, Section 11; 2016 Act No. 262 (H.4090), Section 14, eff June 9, 2016.
Effect of Amendment
2016 Act No. 262, Section 14, rewrote the section, transferring the authority to order certain equitable relief from the administrative law court to the department.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-155. Contested case hearings.

A person aggrieved by the final administrative order may request a contested case hearing before the Administrative Law Court pursuant to the court's rules of procedure. If the person fails to timely request a contested case hearing, the department may bring an action to enforce its order pursuant to Chapter 23, Title 1.
HISTORY: 2016 Act No. 262 (H.4090), Section 3, eff June 9, 2016.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 39 - Pawnbrokers › Section 40-39-160. Violations of Sections 40-39-80, 40-39-90, 40-39-100, 40-39-110, and 40-39-130; pledgor's cause of action against pawnbroker.

(1) If a pawnbroker violates Section 40-39-80, 40-39-100, 40-39-110, or 40-39-130, the pledgor has a cause of action to recover from the pawnbroker actual damages and the right in an action other than a class action to recover from the person violating these provisions a penalty in an amount to be determined by the court of not less than one hundred nor more than one thousand dollars. No action pursuant to this subsection may be brought more than one year after the scheduled or accelerated maturity of the debt.
(2) A pledgor is not obligated to pay a charge in excess of that allowed by this chapter, and has a right of refund of any excess charge paid within ten days of written demand. A refund may not be made by reducing the consumer's obligation by the amount of the excess charge unless the pawnbroker has notified the pledgor that the pledgor may request a refund and the pledgor has not so requested within ten days thereafter.
(3) In an action in which it is found that a pawnbroker has violated this chapter, the court shall award to the pledgor the costs of the action and to the pledgor's attorney reasonable fees. In determining attorney's fees the amount of recovery on behalf of the consumer is not controlling.
(4) Liability to the pledgor for violation of Section 40-39-130 is in lieu of and not in addition to his liability under the Federal Truth in Lending Act. No action with respect to the same violation may be maintained pursuant to both subsection (1) of this section and the Federal Truth in Lending Act.
(5) A pawnbroker who knowingly and intentionally violates the provisions of Section 40-39-90 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both. A violation of the provisions of this section is triable in magistrates or municipal court, as appropriate.
HISTORY: 1988 Act No. 491, Section 2; 2018 Act No. 191 (S.810), Section 4, eff August 15, 2018.
Effect of Amendment
2018 Act No. 191, Section 4, added (5), relating to violations of Section 40-39-90.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-10. License required of peddlers and hawkers.

No person shall as a hawker or peddler expose for sale or sell any goods, wares and merchandise in any county in this State unless he has received and is ready to produce and exhibit a license from the clerk of the court of common pleas of such county so to sell or expose for sale goods, wares and merchandise in such county.
HISTORY: 1962 Code Section 56-1201; 1952 Code Section 56-1201; 1942 Code Section 7120; 1932 Code Section 7120; Civ. C. '22 Section 3927; Civ. C. '12 Section 2618; Civ. C. '02 Section 1742; G. S. 1338; R. S. 1451; 1876 (16) 64; 1893 (21) 407.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-20. Issuance and term of license.

Such clerk shall issue licenses to hawkers and peddlers, to be good in his county until the last day of December next after the date of their issue, upon receiving from the applicant such fee therefor as the governing body of the county shall establish as the license fee for hawkers and peddlers in such county. Each license shall specify the sum paid therefor and the privileges granted thereby.
HISTORY: 1962 Code Section 56-1202; 1952 Code Section 56-1202; 1942 Code Section 7121; 1932 Code Section 7121; Civ. C. '22 Section 3938; Civ. C. '12 Section 2619; Civ. C. '02 Section 1743; R. S. 1452; 1893 (21) 408; 1935 (39) 472; 1938 (40) 1655; 1939 (41) 10, 212, 444; 1940 (41) 1704.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-30. Amount of fee fixed by governing body of county.

The governing body of each county shall fix and establish such license fees in its county at their first meeting in January of every year except as otherwise provided herein. Should the governing body of any county fail to fix such license fee at the designated meeting herein provided for, such fee may be fixed at any subsequent, regular or specifically called meeting of such governing body.
HISTORY: 1962 Code Section 56-1203; 1952 Code Section 56-1203; 1942 Code Section 7121; 1932 Code Section 7121; Civ. C. '22 Section 3938; Civ. C. '12 Section 2619; Civ. C. '02 Section 1743; R. S. 1452; 1893 (21) 408; 1935 (39) 472; 1938 (40) 1655; 1939 (41) 10, 212, 444; 1940 (41) 1704.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-40. Sale of medicines and the like from place to place without license unlawful.

It shall be unlawful for any person to travel as a hawker or peddler from place to place in this State and to sell or offer for sale any medicine, drug or compound to be used as a curative without first paying to the clerk of court in each county in which such person seeks to sell such medicine, drug or compound a fee of one hundred dollars for the use of such county and procuring from him a license permitting such person to sell such medicine, drug or compound within such county. Such license shall be good for twelve months from the date thereof. The license fee herein provided for shall be payable fifty dollars at the time of issuance of such license and fifty dollars six months from the date of such license. Upon the payment of the initial fifty dollars such licensee shall be permitted to sell the articles mentioned for a period of six months.
HISTORY: 1962 Code Section 56-1207; 1952 Code Section 56-1207; 1942 Code Section 7125; 1932 Code Section 7125; Civ. C. '22 Section 3942; Civ. C. '12 Section 2623; Civ. C. '02 Section 1747; 1897 (22) 532; 1902 (23) 1101; 1929 (36) 134; 1930 (36) 1206; 1934 (38) 1272.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-50. Formulas of medicines and the like to be placed on packages or bottles.

Every package or bottle of any such medicine, drug or compound shall have plainly written or printed on it, in the English language, the formula of the contents thereof. Such formula shall be approved in writing by a regularly licensed practicing physician of this State and a copy of such approval shall be lithographed or printed on each package or bottle of such medicine, drug or compound.
HISTORY: 1962 Code Section 56-1210; 1952 Code Section 56-1210; 1942 Code Section 7125; 1932 Code Section 7125; Civ. C. '22 Section 3942; Civ. C. '12 Section 2623; Civ. C. '02 Section 1747; 1897 (22) 532; 1902 (23) 1101; 1929 (36) 134; 1930 (36) 1206; 1934 (38) 1272.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-60. License required for erection of lightning rods.

It shall be unlawful for any person to erect or place upon any building within the State any lightning rod without first procuring from the clerk of the court of each county wherein business is proposed to be done a license so to do, for which shall be paid the sum of fifty dollars per annum for each such county. But in cities and towns collecting licenses for this class of work, persons who are residents of such cities or towns and pay such city or town license shall be exempt from payment of such county license when such work is done in the city or town in which such person resides. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, in the discretion of the presiding judge.
HISTORY: 1962 Code Section 56-1211; 1952 Code Section 56-1211; 1942 Code Sections 7126, 7127; 1932 Code Sections 7126, 7127; Civ. C. '22 Sections 3943, 3944; Cr. C. '22 Section 294; 1920 (31) 1022; 1921 (32) 154.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-70. Sales prohibited within one-half mile of religious meeting.

It shall be unlawful for any itinerant trader or tradesman, other than an established dealer of the community, to offer for sale any goods, wares or merchandise within one half of a mile of any camp ground or other place of religious meeting, while meetings are in progress, outside any incorporated town or city, except with the permission of the trustees or other board of management of such meeting. But this section shall not apply to vendors of fresh fruit or vegetables or any farm product. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined in a sum not exceeding fifty dollars or be imprisoned not exceeding twenty days.
HISTORY: 1962 Code Section 56-1213; 1952 Code Section 56-1213; 1942 Code Section 1342; 1932 Code Section 1342; Cr. C. '22 Section 231; Cr. C. '12 Section 525; Cr. C. '02 Section 372; 1901 (23) 750.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-80. Inspection of licenses; arrest and trial.

Every magistrate and constable and the sheriff and all of his regular deputies shall, and every citizen may, demand and inspect the license of any hawker or peddler in his county who shall come under the notice of any of such persons, and any such officer shall, or such citizen may, arrest or cause to be arrested any hawker or peddler found without a good and valid license and bring such hawker or peddler before the nearest magistrate to be dealt with according to law.
HISTORY: 1962 Code Section 56-1216; 1952 Code Section 56-1216; 1942 Code Section 7122; 1932 Code Section 7122; Civ. C. '22 Section 3939; Civ. C. '12 Section 2620; Civ. C. '02 Section 1744; R. S. 1453.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-90. Exempt vendors and sales.

The provisions of this article, other than Sections 40-41-70 and 40-41-100 thereof, shall not extend to vendors of newspapers, magazines, vegetables, tobacco, provisions of any kind or agricultural products or to sales by sample by persons traveling for established commercial houses, but shall extend and apply to vendors of every other class and kind of goods, wares and merchandise and to sales by sample or otherwise by such hawkers and peddlers of stoves, ranges, clocks, lightning rods, sewing machines, pianos or organs.
HISTORY: 1962 Code Section 56-1217; 1952 Code Section 56-1217; 1942 Code Section 7123; 1932 Code Section 7123; Civ. C. '22 Section 3940; Civ. C. '12 Section 2621; Civ. C. '02 Section 1745; R. S. 1454; 1935 (39) 392.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-100. Penalties.

If any hawker or peddler sell or expose for sale any goods, wares or merchandise in any county in this State without having obtained a license for that purpose from the clerk of the court of common pleas of the county within which he is exposing for sale or selling such goods, wares and merchandise, as required by law, he shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than fifty dollars or imprisoned in the county jail not more than thirty days.
HISTORY: 1962 Code Section 56-1219; 1952 Code Section 56-1219; 1942 Code Section 1325; 1932 Code Section 1325; Cr. C. '22 Section 215; Cr. C. '12 Section 511; Cr. C. '02 Section 364; G. S. 1341; R. S. 294; 1876 (16) 64; 1893 (21) 408.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-210. Itinerant horse trading without license unlawful.

It shall be unlawful for any person to follow the business of horse trading in any of the counties of this State by traveling from place to place without first obtaining from the clerk of the court of the county in which they wish to follow their trade a license permitting them to do so. Such a license shall be issued by the clerks of the court of the counties of this State to any person applying for one upon payment by the applicant of the sum of one hundred dollars. The license shall specify the name of the applicant, his former residence and shall be for a period of one year from the issuance thereof. But this section shall not be effective in any county until the governing body of such county authorize, by resolution, the collection of such tax, nor shall it apply to livery or sales stable owners who have a permanent residence within the State.
Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days for each and every offense.
HISTORY: 1962 Code Section 56-1271; 1952 Code Section 56-1271; 1942 Code Section 1327; 1932 Code Section 1327; Cr. C. '22 Section 217; 1916 (29) 703; 1952 (47) 2162.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-220. Encamping and trading in animals or commodities by nomadic individuals without license unlawful.

It is unlawful for any nomadic individual, or bands of nomads, to encamp or to trade horses, mules, or other animals or commodities within any county of this State, without first obtaining a license from the clerk of the court. The license fee is three hundred dollars.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than one year, or both.
HISTORY: 1962 Code Section 56-1272; 1952 Code Section 56-1272; 1942 Code Section 1328; 1932 Code Section 1328; Cr. C. '22 Section 218; 1918 (30) 801; 1993 Act No. 184 Section 229.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-310. Licenses required for itinerant fortunetellers.

It shall be unlawful for any person to follow the business of fortunetelling in any of the counties of this State, by traveling from place to place, without first obtaining from the clerk of the court of the county in which he wishes to follow his trade, a license permitting him to so do. Such license shall be issued by the clerks of court of the counties of this State to any person applying for it upon payment by the applicant of the sum of one hundred dollars. The license shall specify the name of the applicant and his former residence and shall be for a period of one year from the issuance thereof. But this section shall not be effective in any county until the county board of commissioners of such county authorize, by resolution, the collection of such tax. Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars or imprisonment for not more than thirty days for each and every offense.
HISTORY: 1962 Code Section 56-1281; 1952 Code Section 56-1271; 1942 Code Section 1327; 1932 Code Section 1327; Cr. C. '22 Section 217; 1916 (29) 703; 1952 (47) 2162.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 41 - Peddlers And Hawkers, Horse Traders, And Fortunetellers › Section 40-41-710. Definitions; content of records; use of records to ascertain source of suspected stolen property.

(A) For purposes of this section, "retailer" means a retailer of a "transient business" or a "temporary business" as defined in Section 12-36-510.
(B) A retailer shall keep a record of the source of new merchandise the retailer offers for sale. The record may be a receipt or an invoice from the person who sold the merchandise to the retailer or any other documentation that establishes the source of the merchandise.
(1) The record or documentation must include:
(a) the physical address of the source;
(b) the date the merchandise was purchased by the retailer;
(c) the price paid for the merchandise;
(d) the quantity; and
(e) the name of source.
(2) The retailer shall keep the record at the same location as the new merchandise being offered for sale and shall maintain the record for one year after the merchandise is sold.
(C) Upon the request of a law enforcement officer, after forming a reasonable suspicion that the merchandise possessed by the retailer may have been stolen, the retailer shall produce the record of the source of new merchandise the retailer offers for sale.
(D) If the retailer fails to produce the requested record the officer may seize the merchandise and hold it in custody as evidence and the retailer may be punished as follows:
(1) Upon conviction for a first offense, the retailer is guilty of a misdemeanor and must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(2) Upon conviction of a second offense, the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(3) Upon conviction of a third offense, the retailer's Sales and Use Tax License must be revoked, and the retailer must be fined not less than one thousand nor more than five thousand dollars or imprisoned for not less than thirty days nor more than sixty days, or both.
(E) Merchandise confiscated pursuant to the provisions of this section may be disposed of in accordance with the provisions of Chapter 21, Title 27.
(F) The provisions of this section do not apply to a charitable organization offering merchandise for sale.
HISTORY: 1996 Act No. 264, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-10. Short title; purpose of chapter; severability.

This chapter may be cited as the "South Carolina Pharmacy Practice Act". The purpose of this chapter is to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, permitting, control, and regulation of all sites or persons, in or out of this State, that distribute, manufacture, possess, or sell drugs or devices within this State, as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual.
The practice of pharmacy shall center around the provision of pharmacy care services and assisting the patient to achieve optimal therapeutic outcomes.
If a provision of this chapter is declared unconstitutional or illegal, or the applicability of this chapter to a person, pharmacy, or circumstance is held invalid by a court of competent jurisdiction, the constitutionality or legality of the remaining provisions of this chapter and the application of this chapter to other persons, pharmacies, and circumstances are not affected and shall remain in full force and effect without the invalid provision or application.
HISTORY: 1998 Act No. 366, Section 1.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-20. License required.

Except as otherwise provided in this chapter, it is unlawful for an individual to engage in the practice of pharmacy unless currently licensed pursuant to this chapter.
HISTORY: 1998 Act No. 366, Section 1.
Editor's Note
Prior Laws:1962 Code Section 56-1303; 1952 Code Section 56-1303; 1942 Code Section 5170; 1932 Code Section 5170; 1925 (34) 32; 1984 Act No. 415; 1976 Code Section 40-43-30.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-50. Board meetings; quorum; chair and vice chair.

(A) The board is styled the "Board of Pharmacy" and shall meet in the City of Columbia or any other place in the State designated by the board at least three times a year. The board may meet additionally for administrative purposes at the call of the chairman or of two-thirds of its members.
(B) A simple majority of the appointed members of the board constitutes a quorum for the transaction of business. The board shall elect a chairman and a vice chairman.
HISTORY: 1998 Act No. 366, Section 1.
Editor's Note
Prior Laws:1925 (34) 32; 1932 Code Section 5168; 1942 Code Section 5168; 1952 Code Section 56-1302; 1962 Code Section 56-1302; 1980 Act No. 492, Section 2; 1984 Act No. 425; 1976 Code Section 40-43-20.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-80. Qualifications of applicants for pharmacy license examination.

To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(1) have submitted a written application in the form prescribed by the Board of Pharmacy;
(2) have received a Bachelor of Science in pharmacy or Doctor of Pharmacy degree from an accredited college or school of pharmacy or department of pharmacy of a university which is recognized by the board, the recognition to be established by the board on the basis of uniform and reasonable standards of educational requirements to be observed by a school or college of pharmacy or department of pharmacy of a university or have received the Foreign Pharmacy Graduate Equivalency Certification. The accrediting agency may include, but is not limited to, the American Council on Pharmaceutical Education. The school or college of pharmacy or department of pharmacy of universities referred to in this item must be examined and inspected by the Board of Pharmacy of South Carolina or its accrediting agency and approved by the board periodically to see that the school or college of pharmacy of the universities comply with the standards of the board and its accrediting agency as to the purpose of the college, the faculty, teaching load, size of classes, curriculum, and degrees, admission requirements, attendance, promotion and graduation, student load, instruction, library, administration, finance, physical plant, extra curricular activities, miscellaneous factors, and annual progress report.
(3) have completed an internship or other program that has been approved by the Board of Pharmacy or demonstrated to the board's satisfaction experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;
(4) have successfully passed the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE);
(5) have paid all the appropriate fees.
HISTORY: 1998 Act No. 366, Section 1; 2000 Act No. 340, Section 2.
Editor's Note
Prior Laws:1925 (34) 32; 1931 (37) 141; 1932 Code Section 5172; 1942 Code Section 5172; 1952 Code Section 56-1305; 1962 Code Section 56-1305; 1980 Act No. 492, Section 1; 1981 Act No. 120, Section 4; 1984 Act No. 461; 1988 Act No. 548, Section 1; 1976 Code Section 40-43-50.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-81. Transfer of pharmacist licenses from other jurisdictions; reciprocity required.

(A) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this State, an applicant shall:
(1) have submitted a written application in the form prescribed by the Board of Pharmacy;
(2) have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this State;
(3) have presented to the board proof of initial licensure by examination and proof that such license is in good standing;
(4) have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy;
(5) have paid the fees specified by the board;
(6) have passed the Multistate Pharmacy Jurisprudence Examination; and
(7) be interviewed by members of the board.
(B) No applicant is eligible for license transfer unless the state in which the applicant was initially licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this State, under like circumstances and conditions.
HISTORY: 1998 Act No. 366, Section 1; 2000 Act No. 340, Section 3.
2023 South Carolina Code of Laws › Title 40 - Professions and Occupations › Chapter 43 - South Carolina Pharmacy Practice Act › Section 40-43-87. Nuclear/radiologic pharmacy practice; regulations set by Nuclear Regulatory Commission; revocation of materials license; inspections; hearings regarding violations of state or federal law; space and equipment requirements.

(A) Nuclear/radiologic pharmacy practice refers to a patient-oriented service that embodies the scientific knowledge and professional judgment required to improve and promote health through the assurance of the safe and efficacious use of radiopharmaceuticals and other drugs. Nuclear/radiologic pharmacies also shall adhere to the regulations established by the Nuclear Regulatory Commission as they pertain to the practice of nuclear pharmacy.
The pharmacist-in-charge of a nuclear pharmacy must be a qualified nuclear pharmacist. All personnel performing tasks in the preparation and distribution of radiopharmaceuticals and ancillary drugs must be under the direct supervision of a qualified nuclear pharmacist.
(B) Revocation of the radioactive materials license from the Department of Health and Environmental Control voids the pharmacy permit immediately and the permit must be returned to the board within ten days.
(C) Copies of all regulatory inspection reports must be made available upon request for board inspection.
(D) The nuclear pharmacist-in-charge shall notify the Board of Pharmacy by letter of the outcome of any hearings that are conducted pursuant to citations for violations of state or federal laws or regulations governing radioactive materials. Notification must be within thirty days of the date of the hearing.
(E) Space and equipment must be adequate to the scope of services required and provided. All nuclear pharmacy facilities shall have a radiopharmaceutical preparations/dispensing area, a radioactive material shipping/receiving area, and a radioactive waste decay area. Airflow hoods must be certified annually for operational efficiency in accordance with federal standards by a qualified technician and must be recertified each time the hood is moved. Certification must be attached to the front of the hood and shall state the date certification was granted. Prefilters must be changed in accordance with manufacturer's specifications. Changes must be documented by date and initials. Documentation must be retained for two years.
(F) For purposes of this section, "qualified nuclear pharmacist" means a pharmacist who holds a current license issued by the South Carolina Board of Pharmacy, and who is either certified as a nuclear pharmacist by the Board of Pharmaceutical Specialties, or meets minimal standards of training for status as an authorized user of radioactive material, as specified by the Nuclear Regulatory Commission.
HISTORY: 1998 Act No. 366, Section 1.