City of Easley v. Deane
City of Easley v. Deane
Opinion of the Court
Paul Deane was convicted in municipal court of failing to provide a receipt from a retailer for goods he was offering for sale, a violation of S.C.Code Ann. § 40-41-710 (Supp. 1997). Deane appealed to the Court of Common Pleas where his conviction was affirmed. He now appeals to this court. We affirm.
On February 7, 1997, Deane was arrested at the Curb Market in Easley where he was selling outdated food items in Winn Dixie Supermarket packaging. At the time of the arrest, the items still had Winn Dixie price tags on them. Deane had retrieved the items from Winn Dixie dumpsters.
At the trial in municipal court, a Winn Dixie store manager testified that Deane had been warned to stay away from the dumpsters and that Deane took items from the dumpster without the store’s permission. Winn Dixie considered these items to be stolen.
The jury found Deane guilty of violating section 40-41-710. Section 40-41-710 requires retailers to retain certain records.
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 the new merchandise the retailer offers for sale.
§ 40-41-710(C).
On appeal, Deane notes that the goods he offered for sale were old. He argues that, because the goods he offered for sale were not “new,” he was not subject to the record keeping requirements of section 40-41-710. We disagree.
“New merchandise” is not defined by the statute. Statutes must be interpreted in accordance with legislative intent. See State v. Smith, 330 S.C. 237, 240, 498 S.E.2d 648, 649 (Ct.App. 1998) (“The cardinal rule of statutory construction is to ascertain and effectuate the intent of the legislature.”). Furthermore, “[i]n construing a statute, ... words must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the statute’s operation.” Id. at 240, 498 S.E.2d at 649-50 (citation omitted).
The decision of the lower court is hereby
AFFIRMED.
. This section applies only to retailers of transient or temporary businesses. § 40-41-710(A). " 'Temporary business' means a business which makes retail sales in this State for no more than thirty consecutive days at one location." S.C.Code Ann. § 12-36-510(A)(3) (Supp. 1997). Deane does not argue this issue on appeal.
. Deane’s argument the merchandise was not actually stolen is also inapplicable. The statute merely requires officers have a "reasonable suspicion” the merchandise is stolen.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.