[HISTORY: Adopted by the Council of the City
of Meriden as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Jewelry auctions — See Ch. 129.
Peddling and soliciting — See Ch. 156.
Signs and posters — See Ch. 174.
STATUTORY REFERENCES
Closing-out sales — See C.G.S.
§ 21-35a et seq.
[Adopted 10-7-1963 as Ch. 12 of the 1963 Code]
A.
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.
B.
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.
[Amended 9-16-1996]
A.
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.
B.
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.
[Added 9-16-1996]
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.
