Subchapter 16 - SALES

Section 20-308

Section 20-308

  §  20-308 Definitions. Whenever used in this subchapter, the following
terms shall mean and include:
  1. "Sale." A sale or an offer to sell to the public goods, wares,  and
merchandise  of  any and all kinds and descriptions on hand and in stock
in connection with a declared purpose, as set forth  by  advertising  on
the part of the seller that such sale is:
  a.  Anticipatory  to  the  termination, closing, liquidation, wind-up,
discontinuance, removal, conclusion, or abandonment of the business, and
advertised in the following phrases and in any other phrase  or  phrases
of  like  or similar language which reasonably convey to the public that
the sale is being conducted for such purpose:  "going  out  of  business
sale,"   "trustee's   sale,"   "liquidation  sale,"  "executor's  sale,"
"administrator's sale," "insolvent sale," "mortgage  sale,"  "adjustor's
sale,"  "receiver's sale," "loss of lease sale," "forced out of business
sale," "branch store discontinuance sale,"  "removal  sale,"  "warehouse
removal sale."
  b.  Pursuant  to  the execution of a legal right by a party other than
the original owner or  owners  of  the  goods,  wares  and  merchandise,
without  court order, and advertised in the following phrases and in any
other phrase or phrases of like or  similar  language  which  reasonably
convey  to  the  public  that  the sale is of such a nature: "adjustment
sale," "reorganization sale," "creditors' committee  sale,"  "assignee's
sale."
  c. Pursuant to an intention to renovate, restore, rebuild or alter the
premises  in  which  the  sale  is  taking  place, and advertised in the
following phrases and in any other phrase or phrases of like or  similar
language  which  reasonably  convey  to  the  public  that  the  sale is
conducted for  such  purposes:  "alteration  sale,"  "remodeling  sale,"
"renovation sale."
  d.  A  result  of  damage  or  alteration  to  the  goods,  wares  and
merchandise being offered for sale by reason  of  a  disaster  or  other
fortuitous  occurrence,  and  advertised in the following phrases and in
any other phrase or phrases of like or similar language which reasonably
convey to the public that the sale is being conducted  as  a  result  of
such  occurrence:  "fire sale," "insurance salvage sale," "damaged goods
sale," "smoke sale," "water damage sale."
  2. "Publish," "publishing," "advertisement,"  "advertising."  Any  and
all  means  of  conveying  to  the  public  notice  of sale or notice of
intention to conduct a sale, whether by  word  of  mouth,  by  newspaper
advertisement,  by  magazine  advertisement,  by  handbill,  by  written
notice, by printed notice, by printed display, by billboard display,  by
poster,  by  radio announcement, by television announcement, and any and
all means including oral, written or printed.

Section 20-309

Section 20-309

  §  20-309  License  required.  It  shall be unlawful for any person to
publish or conduct any sale of the type herein defined without a license
therefor and a license issued pursuant to this  subchapter  for  a  sale
advertised  as a "branch store discontinuance sale" shall apply only to,
and the sale shall be conducted only at,  the  premises  of  the  branch
which is being discontinued.

Section 20-310

Section 20-310

  §  20-310  Application.  a.  Application  for such license shall be in
writing and shall be executed by the applicant under oath.
  b. Such application shall contain:
  1. Type of sale to be conducted and reason for conducting such sale;
  2. A description of the place where such sale is to be held;
  3. The nature of the occupancy, whether by lease or sub-lease, and the
date of termination of such occupancy;
  4. The means to be employed in publishing such sale, together with the
text of any and all proposed advertising matter;
  5. An itemized list of the goods, wares and merchandise to be  offered
for sale;
  6.  Where  and from whom such stock was purchased or acquired; and, if
not purchased, the manner of such acquisition.
  7. Any additional information as the commissioner may require.

Section 20-311

Section 20-311

  §   20-311   License;   term.   Upon   filing  such  application,  the
commissioner, after investigation thereof, may issue  such  license,  in
his or her discretion, for a period not exceeding thirty days.

Section 20-312

Section 20-312

  §  20-312 Renewals; term. Upon satisfactory proof by the licensee that
the stock itemized in the original application  has  not  been  entirely
disposed  of, the commissioner may renew such license for one additional
period not exceeding thirty days,  except,  however,  in  a  sale  under
paragraph a of subdivision one of section 20-308 of this subchapter, the
commissioner may grant a second renewal period of thirty days.

Section 20-313

Section 20-313

  §  20-313  Rules and regulations. The commissioner may make such rules
and regulations for the conduct and advertisement of the  sales  defined
in   section  20-308  of  this  subchapter  and  such  other  rules  and
regulations as may be necessary  to  carry  out  the  purposes  of  this
subchapter.

Section 20-314

Section 20-314

  §  20-314 Fees. Upon filing an application for an original or for each
renewal license to advertise and conduct such sale, the applicant  shall
pay  to the commissioner a fee of fifty dollars. If any such application
be disapproved, such payment shall be forfeited to the  commissioner  to
defray  the  cost  of  investigating  the  statements  contained in such
application.

Section 20-315

Section 20-315

  § 20-315 Stock records. a. A duplicate original of the application and
stock list pursuant to which such license was granted shall be available
at  all  times  to the commissioner or to his or her inspectors, and the
licensee shall permit such inspectors to examine all merchandise on  the
premises for comparison with such stock list.
  b.  At  the close of business each day the stock list attached to such
application shall be revised and items on such list disposed  of  during
such day shall be noted thereon.
  c.  Suitable books and records as prescribed by the commissioner shall
be kept by the licensee and shall be  available  at  all  times  to  the
inspectors of the department.

Section 20-316

Section 20-316

  §  20-316  Display  of license. Upon commencement of any sale, and for
the duration thereof, the license therefor shall  be  displayed  on  the
premises, but such license shall be displayed only in its original form.

Section 20-317

Section 20-317

  §  20-317  Advertising. a. All advertising shall be descriptive of the
nature of such sale as stated in the application therefor. The  language
in  such  advertising shall be identical with the advertising matter set
forth in the original or renewal application.
  b. It shall be  unlawful  to  indicate  in  such  advertising,  either
directly  or indirectly, that such sale is held with the approval of the
commissioner and no reference shall be made to such license in any  form
of advertising, promotion or display.
  c.  Misrepresentations  prohibited. No licensee shall make or cause to
be made any assertion, representation  or  statement  of  fact  in  such
advertising  which  is untrue, deceptive, or misleading. No licensee, in
an effort to sell merchandise, shall make or cause to be made  any  oral
assertion,  representation,  or  statement  of  fact  which  is  untrue,
deceptive or misleading.

Section 20-318

Section 20-318

  §  20-318 Resumption of business. No person shall, upon the conclusion
of any sale as defined in subdivision one  of  section  20-308  of  this
subchapter,  continue to conduct a business or business operation of the
same or similar nature to that for  the  discontinuance  of  which  such
license  was  issued at the same premises nor, within one year after the
conclusion of such sale, resume such business at such same premises.

Section 20-319

Section 20-319

  §  20-319  Exemptions.  The following persons shall be exempt from the
provisions of this subchapter:
  1. Persons acting pursuant to an order or the process of  a  court  of
competent jurisdiction.
  2.  Sheriffs  and  marshals acting in accordance with their powers and
duties as public officers.
  3. Duly licensed auctioneers selling at auction.