As provided for in this article, the following
terms shall have the following definitions:
MERCHANDISE
shall mean any object, wares, goods, commodities or any other
tangible items offered, directly or indirectly, to the public for
sale.
PROOF OF PURCHASE
shall mean a receipt, bill, credit card slip or any other
form of evidence which constitutes reasonable proof of purchase.
RETAIL MERCANTILE ESTABLISHMENT
shall mean any place of business where merchandise is exposed
or offered for sale at retail to members of the consuming public.
Every retail mercantile establishment shall
conspicuously post its refund policy as to all merchandise for sale
on a white sign with two-inch black lettering. The sign should be
placed in at least one of the following locations:
A. Affixed to each cash register or point of sale and
so situated as to be clearly visible to the buyer from the cash register;
or
B. Posted at each store entrance used by the public.
The sign posted pursuant to §
122-28 of this chapter shall state whether or not it is the policy of such establishment to give refunds and under what conditions a refund will be given. The sign shall include a statement on whether a refund will be given:
A. On merchandise which has been advertised as sale merchandise
or marked as is;
B. On merchandise for which no proof of purchase exists;
C. At any time or not beyond a point in time specified;
or
D. In cash, as a credit or as a store credit only.
The provisions of this article requiring a retail
mercantile establishment to post a sign revealing its refund policy
shall not apply to a retail mercantile establishment or department
that has a policy of providing, in connection with the return of its
unused and undamaged merchandise within a period of up to 20 days
after the date of purchase:
A. A cash refund for a cash purchase; or
B. Issuing a credit for a credit purchase, which credit
is applied to the account on which the purchase was debited.
A retail mercantile establishment violating
any provision of this article shall:
A. Any person violating or failing to comply with any
other provision of this article shall, upon conviction thereof, be
punishable by a fine of no less than $100 and no more than $1,000,
by imprisonment not to exceed 90 days or by community service of not
more than 90 days or any combination of fine, imprisonment and community
service, as determined in the discretion of the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B. The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
C. For up to 20 days from the date of purchase, be liable
to the buyer of any merchandise for a cash refund or a credit, at
the buyer's option, provided that the merchandise has not been used
or damaged by the buyer.