[Added 12-1-1986]
As used in this article, the following terms shall have the meanings
indicated:
CLERK
The Middletown City/Town Clerk.
CLOSING-OUT SALE
All sales advertised, represented or held forth under the designation
of "going out of business," "selling out," "liquidation," "lost our lease,"
"forced to vacate," "moving to a new location," or any other designation of
like meaning.
PERSON
Any individual, partnership, voluntary association or corporation.
STATE LICENSE
A license issued by the Commissioner of Consumer Protection under
C.G.S. § 21-35b, as amended.
No person shall conduct a closing-out sale in the City without first
obtaining a state license and a municipal license.
No municipal license will be issued until a state license has been issued
for the sale by the State Commissioner of Consumer Protection as provided
by the General Statutes.
Each licensee shall post at least two notices at the place of sale,
one of which shall be at an entrance, plainly visible to customers, stating
that a state license has been obtained for the sale, that a sum of money is
on deposit with the State Commissioner of Consumer Protection, the current
address and phone number of that office, and that such deposit shall be held
by the Commissioner to satisfy claims against the licensee made in connection
with the sale as provided by state statute until 60 days after surrender of
the state license to the Commissioner.
No goods, wares or merchandise other than those listed in the inventory
required to be filed by this article to obtain a municipal license shall be
included in any closing-out sale.
[Added 12-1-1986]
No sale shall continue beyond a reasonable date to be specified in the
required application, except that an extension may be authorized upon proper
showing of need, such extension being contingent on the submitting of a revised
inventory showing the items listed on the original inventory remaining unsold
and not listing any goods not included in the original application and inventory.
No person shall, in contemplation of a closing-out sale under a municipal
license, order any goods, wares or merchandise for the purpose of selling
and disposing of the same at such sale, and any unusual purchases and additions
to the stock of such goods, wares or merchandise within 60 days prior to the
filing of an application for a license to conduct such sale shall be presumptive
evidence that such purchases and additions to stock were made in contemplation
of such sale.
No person shall, upon conclusion of a closing-out sale, continue that
business which has been represented as terminal, under the same name, or under
a different name, at the same location.
Nothing in this article shall apply to acts done by the publisher, owner,
agent or employee of a newspaper or periodical or radio or television station
in the publication or dissemination of any advertisement where such publisher,
owner, agent or employee does not have actual knowledge of the false, misleading
or deceptive character of the advertisement.
The provisions of this article shall not apply to or affect sales or
persons conducting such sales pursuant to an order or process of a court of
competent jurisdiction or to any sheriff, constable or other public or court
officer or to any other person acting under the license, direction or authority
of any state or federal court selling goods, wares or merchandise in the course
of his official duties or to "end of the season" sales or to sales limited
to closing out a particular brand or line of goods.
Any person who shall advertise, hold, conduct or carry on any sale of goods, wares or merchandise at a closing-out sale as defined in §
241-1 in violation of any of the provisions of this article shall be fined not more than $100 for each day any such violation occurs or continues.