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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.