[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 9-26-1978 as Ord. No. 24-1978.
Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the
meanings indicated:
All sales advertised, represented or held forth under the designation
of "going out of business," "discontinuance of business," "selling out," "liquidation,"
"lost our lease," "must vacate," "forced out," "removal," "fire sale," "damaged
stock" or any other designation of like meaning indicating the forced sale
of merchandise.
[Amended 10-24-1978 by Ord. No. 28-1978]
No person shall conduct a closing-out sale in the Town of Dover without
first filing with the Town Clerk the information hereinafter specified and
obtaining from such Clerk a license so to do, to be known as a "closing-out
sale license." The fee for such license shall be fixed as follows: for a period
not exceeding 10 consecutive calendar days, $25; for a period not exceeding
20 consecutive calendar days, $35; for a period not exceeding 30 consecutive
calendar days, $50; for a period not exceeding 60 consecutive calendar days,
$75; and for a period not exceeding 90 consecutive calendar days, $100; provided
that only one such license shall be issued to any one person within a thirty-six-month
period, and no such license shall be issued for more than 90 consecutive calendar
days.
A.
The information to be filed with the Town Clerk pursuant to § 301-2 shall be a complete and accurate list or a written statement of the current retail value of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required and shall be signed by the person seeking the license or by a resident agent thereunder authorized, and, by affidavit, at the foot thereof, the person so signing shall swear or affirm that the information therein given is full and true and known by him to be so.
B.
No person shall sell, offer or expose for sale at any
such sale or list on such inventory or on the statement of the current retail
value any goods, wares or merchandise which are not the regular stock of the
store or other place, the business of which is to be closed out by such sale,
or make any replenishments or additions to such stock for the purposes of
such sale, or during the time thereof, or fail, neglect or refuse to keep
accurate records of the articles or things sold, or of the cash receipts therefor,
from which records the Town Clerk may ascertain the kind and quantity or number
sold.
The Town Clerk may, at his discretion, either himself or by such person
as he may designate, verify the details of the information filed for the purpose
of obtaining a closing-out sale license, and he may make a check and verify
the items of merchandise sold during the sale. No person to whom a closing-out
sale license had been issued shall fail or refuse to give the Town Clerk or
any person designated by him for that purpose all the facts connected with
the stock on hand or the proper information of goods sold or any other information
that he may require in order to make a thorough investigation of all phases
of the sale.
Each license issued under the provisions of this chapter must be prominently
displayed in the establishment for the purpose of advising the public that
such sale has been licensed, and the license number shall be prominently shown
on the show window or front of the establishment throughout the entire period
of the licensed sale.
[Added 10-24-1978 by Ord. No. 28-1978[1]]
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall, upon conviction thereof, be subject to one
or more of the following: a fine not exceeding $1,000, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding 90 days.
Each day that the same is violated shall be deemed and taken to be a separate
and new offense.
