[Ord. No. 63-4, § 1, 3-4-1963; Ord. of 3-1-1999, § 1]
For the purpose of this article the following words as used
in this article are defined as follows:
Any sale advertised, represented or held out in such manner
as to reasonably cause the public to believe that upon the disposal
of the stock of goods on hand the business will cease and be discontinued,
including but not limited to the following sales: adjuster's; adjustment;
alteration; assignee's; bankrupt; benefit of creditors; building coming
down; closing; creditor's committee; creditor's end; creditor's settlement;
final days; forced out; forced or going out of business; last days;
lease expires; loss of lease; mortgage sale; receiver's; trustee's;
quitting business; selling out; or other such types of sale having
a similar purpose to those specifically described in this article.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
The Chief of Police of the City.
A sale held out in such a manner as reasonably to cause the
public to believe that the merchandise offered for sale was acquired
by the licensee from a bankrupt, insolvent, assignee, liquidator,
adjustor, administrator, trustee, executor or receiver, or that such
merchandise was acquired by the licensee from a person who was or
is liquidating or closing out his business or a particular part or
department thereof or who was or is being forced out of business.
Any goods, wares, merchandise or other property capable of
being the object of a sale regulated hereunder.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location.
[Ord. No. 63-4, § 4, 3-4-1963; Ord. of 3-1-1999, § 2]
If the sale to be conducted under a license issued under this
article is a going-out-of-business sale or a removal-of-business sale,
such inventory shall not include merchandise ordered in contemplation
of the conduct of the sale licensed under this article, and any unusual
purchase or addition to the stock of goods of the applicant within
a period of 60 days prior to the date of the application for a license
hereunder shall be deemed to be of such character. During the licensed
closing-out sale, no additions shall be made to the stock of merchandise
set forth in the inventory and nothing shall be offered for sale or
sold at such sale which is an addition to that listed in such inventory
or which has been acquired on a consignment basis.
[Ord. No. 63-4, § 8, 3-4-1963]
A licensee under this article shall:
(1)
Adhere to inventory. Make no additions whatsoever, during the period
of the licensed sale, to the stock of goods set forth in the inventory
attached to the application for license.
(2)
Advertising declaration. Declare in his advertising of such sale
the total retail value of the merchandise set forth in such inventory
which is being offered for sale under such license and shall include
in all advertising copy the license number issued by the licensing
authority.
(3)
Advertise properly. Refrain from employing any untrue, deceptive
or misleading advertising.
(4)
Adhere to advertising. Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
(5)
Keep duplicate inventory. Keep available at the place of sale a duplicate
copy of the inventory submitted with the application and shall present
such duplicate to inspecting officials upon request.
(6)
Segregate noninventoried goods. Keep any other goods separate and
apart from the goods listed in the filed inventory as being objects
of sale and shall make such distinction clear to the public by placing
tags on all inventoried goods in and about the place of sale apprising
the public of the status of all such goods.
(7)
Daily inventory. Shall keep records of daily changes in inventory
during sale period, and make such records available to the licensing
authority upon request.
[Ord. No. 63-4, § 11, 3-4-1963; Ord. of 3-1-1999, § 3]
No person shall upon the conclusion of any sale defined in Section 13-12 continue to conduct a business or business operation of the same or similar nature to that for the discontinuance of which a license was issued under this article at the same premises nor, within one year after the conclusion of such sale, resume such business whether in the same or different name at the same premises.
[Ord. No. 63-4, § 12, 3-4-1963]
Any person who has held a going-out-of-business or a removal-of-business
sale at the location stated in his application under a license issued
under this article within a period of one year last past from the
date of such application shall not be granted a license for the conduct
of either of such type of sales at such location.
[Ord. No. 63-4, § 13, 3-4-1963]
The provisions of this article shall not apply to or affect
the following persons:
(1)
Persons acting pursuant to an order or process of a court of competent
jurisdiction;
(2)
Persons acting in accordance with their powers and duties as public
officials;
(3)
Duly licensed auctioneers, selling at auction;
(4)
Any publisher of a newspaper, magazine or other publication, who
publishes in good faith, any advertisement, without knowledge of its
false, deceptive or misleading character, or without knowledge that
the provisions of this article have not been complied with;
(5)
Persons who are regularly engaged, in whole or in part, in the business
of purchasing damaged or unclaimed merchandise from railroad and transportation
companies and of selling the same at retail and whose advertising
clearly indicates the regular and continuous, rather than the periodic
and intermittent operation of such business; provided, however, that
this exception shall extend only to the sale of such merchandise.
[Ord. No. 63-4, § 9, 3-4-1963]
The licensing authority shall verify the details of the inventory
filed in connection with an application for a license under this article
and shall also verify the items of merchandise sold during any sale
under such license, and it shall be unlawful for any person, to whom
a "closing-out sale license" has been issued to refuse to furnish
to the authority on demand or to any person designated by him for
that purpose, all the facts connected with the stock on hand or any
other information which he may require in the enforcement of this
article.
[Ord. No. 63-4, § 2, 3-4-1963]
No person shall conduct any sale of merchandise at retail in the City which shall be advertised or held out by any means as a going-out-of-business sale, a removal-of-business sale, a fire or other altered stock sale or a liquidation sale, as such terms are defined in section 13-12 of this article, and no person shall advertise any such sale, unless and until a license shall have been issued to such person by the licensing authority as provided in this article, which license shall be known as a "closing-out sale license." The advertising of such sale referred to in this section shall include any advertisement or notice thereof appearing in any newspaper, magazine or other publication, or in any handbill, poster, bill, circular, pamphlet, letter, sign, placard, card, label or telegram, or broadcast as a part of any radio or television program.
[Ord. No. 63-4, § 3, 3-4-1963]
Application for a closing-out sale license as required by this
division shall be made in writing to the licensing authority and shall
contain the following information:
(1)
The names and addresses of the persons to be licensed, including
the names of all partners and, if a corporation, the names and addresses
of the officers and directors thereof.
(2)
The name and address of the owner of the merchandise to be sold under
such license if the applicant is acting as an agent of the owner.
(3)
An attached item-by-item inventory containing a complete and accurate
list of the merchandise on hand which is to be sold under such license
which shall set forth the cost price of the enumerated articles, the
manufacturer's name and stock number, the date of the purchase and
the name of the person from whom such articles were purchased. Such
inventory shall have an affidavit attached thereto from which it shall
appear that the information set forth therein is true to the knowledge
of the applicant.
(4)
The place at which such sale is to be conducted.
(5)
The date and the period of time during which such sale is to continue.
(6)
A full and complete statement of the facts in regard to the sale
and the manner in which the sale will be conducted.
(7)
The means to be employed in advertising such sale together with the
proposed content of any advertisements.
(8)
Facts establishing that all taxes previously levied on such merchandise
by the City have been paid. No license shall be issued for the closing-out
sale thereof until any tax so payable to the City thereon shall have
been paid.
[Ord. No. 63-4, § 10, 3-4-1963; Ord. of 3-1-1999, § 4]
The license fee for the license required by this division shall
be as follows:
(1)
For a period not exceeding 15 days: $25.
(2)
For a period not exceeding 30 days: $50.
(3)
For a period not exceeding 60 days: $75.
(4)
For a period not exceeding 90 days: $100.
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and in each instance a further fee of $1 per $1,000 of the cost
of the merchandise to be sold under such license as set forth in the
inventory filed with the application for such license.
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[Ord. No. 63-4, § 7, 3-4-1963]
Under any closing-out sale license issued under this division,
the licensee shall be permitted to conduct only the type of sale described
by him in his application for such license and shall be authorized
to sell under such license only the merchandise described in the inventory
attached to such application.
[Ord. No. 63-4, § 14, 3-4-1963]
The licensing authority may at any time revoke or suspend any
license granted under this division if any licensee shall, in violation
of this article, offer any merchandise for sale in addition to that
listed in the inventory attached to his license application or shall
otherwise violate any of the provisions of this article.
[Ord. No. 63-4, § 5, 3-4-1963; Ord. of 3-1-1999, § 5]
The license to be issued under this division shall be for such
period as may be requested by the applicant in his application for
such license, not exceeding the lesser of 90 successive days from
the date of the issuance of such license or that number of days as
may be established pursuant to General Statutes § 21-35c,
as same may be amended from time to time. If a license shall have
been issued for a period less than such maximum license period, such
license may be extended on application of the licensee for a further
period which, with the original license period, will not exceed such
maximum license period, upon payment of an additional license fee
which shall be the difference between the license fee previously paid
under this division if the original license period had extended to
the date to which the same shall be extended.
[Ord. of 3-1-1999, § 6]
