act in the capacity of a broker, salesperson, cemetery broker,
cemetery salesperson, campground membership salesperson, time-
share salesperson, builder-owner salesperson, rental listing
referral agent [or], cemetery company or land acquisition
broker, within this Commonwealth, without a license or
registration certificate, or shall carry on or continue business
after the suspension or revocation of any such license or
registration certificate issued to him, or shall employ any
person as a salesperson or cemetery salesperson to whom a
license has not been issued, or whose license or registration
certificate as such shall have been revoked or suspended, shall
be guilty of a summary offense and upon conviction thereof for a
first offense shall be sentenced to pay a fine not exceeding
$500 or suffer imprisonment, not exceeding three months, or both
and for a second or subsequent offense shall be guilty of a
felony of the third degree and upon conviction thereof, shall be
sentenced to pay a fine of not less than $2,000 but not more
than $5,000 or to imprisonment for not less than one year but
not more than two years, or both.
Section 3. Section 304(3) of the act, amended June 29, 1990
(P.L.246, No.58), is amended to read:
Section 304. Exclusions.
Except as otherwise provided in this act, the provisions of
this act shall not apply to the following:
* * *
(3) The officers or employees of a partnership or
corporation whose principal business is the discovery,
extraction, distribution or transmission of energy or mineral
resources, provided that the purchase, sale or lease of real
estate is a common and necessary transaction in the conduct
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