[HISTORY: Adopted by the Board of Directors of the Town of Manchester as indicated in article histories. Amendments noted where applicable.]
Closing-out sales — See C.G.S. § 21-35a et seq.
Similar definition — See C.G.S. § 21-35a false, misleading or deceptive character of the advertisement.
Municipal license required — See C.G.S. § 21-35d.
Similar provisions — See C.G.S. § 21-35e.
Penalties — See C.G.S. § 21-35h.
[Adopted as Secs. 9-81 to 9-86 of the 1996 Code]
For the purposes of this article, the following terms shall have the meanings indicated:
- 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.
- Any individual, partnership, voluntary association or corporation.
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 their official duties; or to end of the season sales or to sales limited to closing out a particular brand or line of goods.
Nothing in this article shall apply to acts done by the publishers, 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.
Before conducting any closing-out sale as defined in this article, each person conducting such sale shall make application for a license to the General Manager, and, unless the fee therefor is fixed as herein provided, shall file with him a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by him for sale. The General Manager shall submit such statement to the Assessor, who, after such examination and inquiry as he deems necessary, shall determine such average quantity and value, and shall forthwith transmit a certificate thereof to the General Manager. Thereupon, the General Manager shall authorize the Town Clerk, upon payment by the applicant of a fee equal to the taxes assessable under the last preceding tax levy upon an amount of property of the same valuation, to issue to him a license authorizing such closing-out sale. For good cause shown the General Manager may authorize the issuance of such license without the filing of such statement, upon the payment of a license fee fixed by him. Upon payment of such fee, the Town Clerk shall issue such license, which shall remain in force as long as the licensee continuously keeps and exposes for sale such stock of goods, wares or merchandise, but not later than the first day of October following its date.
No goods, wares or merchandise other than those listed in the statement required under § 257-4 shall be included in any closing-out sale.
Each article of goods sold not listed in the statement filed pursuant to § 257-4 or sold without a license or sold after a license shall have expired or otherwise sold in violation of the provisions of this article shall constitute a separate offense under this article, and any false or misleading statement in said statement filed pursuant to § 257-4 or in an application for a license, shall also constitute a violation of this article.
The penalty for any such violation shall be as specified in § 21-35h of the General Statutes, as amended.