[HISTORY: Adopted by the Council of the City of Meriden as indicated in article histories. Amendments noted where applicable.]
Jewelry auctions — See Ch. 129.
Peddling and soliciting — See Ch. 156.
Signs and posters — See Ch. 174.
Closing-out sales — See C.G.S. § 21-35a et seq.
Article I Going-Out-of-Business Sales
[Adopted 10-7-1963 as Ch. 12 of the 1963 Code]
It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchandise, hereinafter referred to as "goods," at retail that is represented as a bankrupt, insolvent, assignee's, adjuster's, trustee's, executor's, administrator's, insurance, receiver's, wholesaler's, jobber's, manufacturer's closing-out, closing stock, going-out-of-business, retiring from business, liquidation, mortgage or salvage sale, or a sale of goods damaged by fire, smoke, water or windstorm, or any other sale which by representation or advertisement tends to lead the public to believe that the person conducting such sale is selling out or closing out the goods of any business for less than the current or regular retail price thereof in the City, without first filing with the City Clerk, upon written approval filed with the City Clerk by the Chief of Police, the application, surety bond and inventory hereinafter provided for and obtaining from the City Clerk a license, to be known as a "closing-out-sale license," to advertise or conduct such a sale.
This article is not intended to apply wherein a business or going concern advertises an item or several items on sale wherein the ultimate objective is not for the purpose of terminating the business but merely to close out a particular line or lines of merchandise.
No person who has not been the owner of a business advertised or described in the application for a license required by § 165-3 for a period of at least six months prior to the date of the proposed sale shall be granted a license, except that upon the death of a person doing business in this City, his heirs, devisees or legatees shall have the right to apply at any time for a license.
The applicant for any license required by this article shall make to the City Clerk an application therefor in writing and under oath, giving all the facts in regard to such sale and particularly the place and manner of advertising and conducting the sale and the proposed period of time during which such sale will be conducted, and, at the time such application is made, shall submit to the City Clerk an inventory containing a complete and accurate list of the stock of goods to be offered for sale or to be sold at any sale for which a license is hereby required, together with a good and sufficient bond, payable to the City, in the penal sum of $1,000 with sureties approved by the City Treasurer or his duly authorized agent, conditioned upon compliance with the provisions of this article. Such inventory shall be signed by the person applying for the license, and by affidavit at the foot thereof he shall swear or affirm that the information therein given is full, complete and true and known by such affiant to be full, complete and true.
The fee for a license required by this article shall be as follows: for a period not exceeding 30 days, $25; for a period not exceeding 60 days, $50; and for a period not exceeding 90 days, $75; plus $1 for each $1,000 or fraction thereof of submitted inventory as hereinafter provided for.
The license provided for in this article shall not be assignable or transferable, nor shall such license be renewable.
The license required by this article shall be valid only for a sale of goods in the manner and at the time and place set forth and described in the application or inventory submitted.
The license required by this article shall be kept by the person to whom issued in public view at all times at the place of business where the sale regulated by this article is being conducted.
It shall be unlawful for any person to whom a license is issued as provided in this article to fail, neglect or refuse to keep accurate records of the articles or goods sold, from which the City Clerk or any person designated by the City Clerk for that purpose may ascertain the kind and quantity of goods and the number of the same sold, their wholesale cost and prices at which sold in such sale.
All applications for any license required by this article shall be kept on file by the City Clerk, and a record shall be kept by him of all licenses issued upon such applications. All files and records, including the applications, inventory and other pertinent information, shall be kept by the City Clerk in convenient form and shall be available for public inspection for a period of two years, after which the same may be destroyed by the Clerk.
The Chief of Police or any officer designated by him shall verify the details of any inventory files, for the purpose of determining the correctness of the same, before issuing a closing-out-sale license or shall check and verify the items of merchandise sold during the sale, and it shall be unlawful for any person to whom such license has been issued to fail or refuse to give the Chief of Police or any officer designated by him for that purpose all the facts connected with the stock on hand or the proper information respecting goods sold or any other information that the Chief of Police or any officer designated by him may require in order to make a thorough investigation of all phases connected with the sale.
No goods other than those listed in the inventory provided for in this article shall be advertised or sold at any sale for which a license is required by this article, and it shall be unlawful for any person to sell, offer or expose for sale or advertise for such sale or to list on such inventory any goods which are not the regular stock on hand at the store, the goods of which are to be closed out or disposed of through such sale, or to supplement or to make any replenishments or additions from any manufacturer, jobber, wholesaler, warehouse, storage building or from any other premises or from any source whatsoever and during the time thereof to advertise or represent the sale as being of the character for which a license is hereby required.
The provisions of this article shall not apply to trustees selling under deeds of assignment or to sheriffs, constables or other public or court officers or to any person acting under the direction or authority of any state, federal or City probate court selling goods in the course of their official duties.
No person shall advertise, represent, hold out, conduct, hold or carry on any sale of the character regulated by the provisions of this article without having first obtained a license as herein provided for, or violate any of the provisions hereof or make any false statement in the application and inventory. Each day's business conducted in violation of the provisions of this article shall constitute a separate offense.
No person who, under the provisions of this article, conducts a sale by the designation "going-out-of-business," "selling out" or by any other designation specified in this article, or of similar meaning, shall hold such sale beyond the date specified for such sale or continue that business which had been represented as "going-out-of-business" or "selling-out" or by similar designation, upon conclusion of such sale, under the same name or under a different name at the same location or elsewhere in the City, or continue business contrary to the designation of such sale, upon conclusion of such sale.
The provisions of this article may be enforced by citation, in addition to other remedies, including but not limited to criminal prosecution. The citation fine amount shall be $77. The following persons have authority to issue citations for violations pursuant to this article: City of Meriden police officer.