NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1305

HOUSE BILL 1872

 

 

AN ACT TO REWRITE G.S. 106-454 RELATING TO THE CRIMINAL PENALTIES FOR CHARGING EXCESSIVE TOBACCO WAREHOUSE FEES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 106-454, as the same appears in Volume 3A of the General Statutes and which reads as follows:

"The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, and it shall be unlawful for any other charges or fees to be made or accepted. For each and every violation of the provisions of this article a penalty of ten dollars may be recovered by anyone injured thereby.",

is rewritten to read as follows:

"The owner, operator, or person in charge of each warehouse shall render to each seller of tobacco at the warehouse a bill plainly stating the amount charged for weighing and handling, the amount charged for auction fees, and the commission charged on such sale, and it shall be unlawful for any other charge or fees to be made or accepted. Any person, firm, corporation, or any employee thereof, violating the provisions of this section shall be guilty of a misdemeanor and fined not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00) and/or imprisoned not to exceed 30 days for the first offense, and for the second or additional offenses fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned for not less than 30 days or more than six months, or both fined and imprisoned, in the discretion of the court."

Sec. 2.  This act shall be effective upon ratification.

In the General Assembly read three times and ratified, this the 12th day of April, 1974.