Subchapter 29 - ELECTRONICS STORES

Section 20-484

Section 20-484

  §  20-484  Definitions. a. "Electronics store" shall mean a commercial
establishment which sells or offers for sale to  the  public  electronic
goods.
  b.  "Electronic  goods"  shall  mean  any  of  the  following types of
merchandise:
  1. audio equipment;
  2. calculators;
  3. photographic equipment;
  4. video equipment; or
  5. computer equipment.
  c. "Display space" shall mean the area of a  retail  establishment  in
which  merchandise  is publicly displayed and offered for sale and which
is generally accessible to customers.
  d. "Audio equipment" shall mean any apparatus  or  equipment  that  is
used  for  sound  reproduction, including but not limited to amplifiers,
phonographs, radios, receivers, speakers,  compact  disc  players,  tape
players,  tape  recorders  and  turntables.  "Audio  equipment" does not
include prerecorded or blank audio recording tapes or records.
  e. "Photographic equipment" shall mean any apparatus or equipment that
is used for the taking, developing or enlarging of photographs or moving
pictures, including but not limited to cameras,  video  cameras,  camera
cases,   lenses,   tripods   and   developing  equipment.  "Photographic
equipment" does not include film or film processing.
  f. "Video equipment" shall  mean  televisions  and  any  apparatus  or
equipment  used  in the process of producing images on a television set,
including but not limited to video disc players, video game units, video
tape players and  video  tape  recorders.  "Video  equipment"  does  not
include  prerecorded  video  discs and tapes, blank video tapes or video
game cartridges.
  g. "Computer equipment" shall mean computers, word processors and  any
apparatus  or  equipment  that is used for computing or word processing,
including but not limited to printers, modems, monitors, keyboards, disk
drives and peripherals. "Computer equipment"  does  not  include  disks,
diskettes or computer paper.

Section 20-485

Section 20-485

  §  20-485  License  required.  No  person shall maintain or operate an
electronics store without  first  having  obtained  a  license  therefor
issued pursuant to section 20-485.2 of this subchapter.

Section 20-485.1

Section 20-485.1

  §  20-485.1  Application; fee; term. a. An application for any license
required under this subchapter or for any renewal thereof shall be  made
to  the commissioner in such form or manner as he or she shall prescribe
by rule.
  b. There shall be a biennial fee for a license to maintain or  operate
an  electronics  store. Such fee for a license to maintain or operate an
electronics store shall be three hundred and forty dollars.

Section 20-485.2

Section 20-485.2

  §  20-485.2  Issuance  of license. A license to maintain or operate an
electronics store shall be granted in accordance with the provisions  of
this   subchapter   and   any  rules  promulgated  by  the  commissioner
thereunder. The commissioner may refuse to issue  to  an  applicant  any
license  required  under this subchapter based upon a determination made
after due notice and opportunity to be heard  that  such  applicant  has
engaged in conduct which would constitute a basis for license suspension
or revocation as set forth in section 20-485.3 of this subchapter.

Section 20-485.3

Section 20-485.3

  § 20-485.3 Renewal, suspension and revocation of licenses. In addition
to  any  powers  of  the commissioner and not in limitation thereof, the
commissioner may  refuse  to  renew  any  license  required  under  this
subchapter  and may suspend or revoke any such license, after due notice
and the opportunity to be heard, upon the occurrence of any one or  more
of the following conditions:
  a.  The person holding a license to maintain or operate an electronics
store or where applicable its officers, principals, directors, employees
or stockholders owning more than ten percent of the outstanding stock of
the corporation have been found to have violated any provision  of  this
subchapter,  or  section  20-708 of this title, or any rules promulgated
thereunder; or
  b. The person holding a license to maintain or operate an  electronics
store or where applicable its officers, principals, directors, employees
or stockholders owning more than ten percent of the outstanding stock of
the  corporation  have  made  a  material false statement or concealed a
material fact in connection with the filing of any application  pursuant
to  this  subchapter  or  have  been  found  to  have committed fraud or
misrepresentation upon a customer; or
  c. The person holding a license to maintain or operate an  electronics
store or where applicable its officers, principals, directors, employees
or stockholders owning more than ten percent of the outstanding stock of
the corporation have been found to have engaged in untrue, misleading or
deceptive advertising, or deceptive or unconscionable trade practices as
described  in  chapter  five  of title twenty of this code and any rules
promulgated thereunder; or
  d. The person holding a license to maintain or operate an  electronics
store or where applicable its officers, principals, directors, employees
or stockholders owning more than ten percent of the outstanding stock of
the  corporation  have  not  paid, within the time permitted by law, any
civil penalty or judgment duly imposed pursuant  to  the  provisions  of
this subchapter or any rule promulgated thereunder.

Section 20-485.4

Section 20-485.4

  §  20-485.4  Transferability.  No license issued under this subchapter
shall be transferred or assigned to any person or  used  by  any  person
other than the licensee to whom it was issued.

Section 20-485.5

Section 20-485.5

  §  20-485.5  Duties  of  licensees.  a.  Posting of information. Every
person holding a license to maintain or  operate  an  electronics  store
shall conspicuously post such license.
  b. Display of selling price. 1. All merchandise sold, exposed for sale
or  offered for sale at retail in a store licensed under this subchapter
shall have conspicuously displayed, at the point of exposure or offering
for sale, the total selling price exclusive of tax by means of a  stamp,
tag  or  label  attached  to the item, or a sign at the point of display
which indicates the item to which the price refers; provided  that  this
information   is  plainly  visible,  without  the  assistance  of  store
personnel.
  2. This subdivision shall not apply to merchandise  displayed  in  the
window of the electronics store.
  3.   Notwithstanding  the  provisions  of  section  20-485.6  of  this
subchapter,  the  civil  penalties  imposed  for  a  violation  of  this
subdivision  shall be those provided for violations of section 20-708 of
this title.
  c. Receipts. Receipts must be provided for any retail purchase if  the
amount  of  the  purchase  is  twenty  dollars or more. Receipts must be
provided on request for  any  retail  purchase  if  the  amount  of  the
purchase  is  between  five  and  twenty  dollars.  Such  receipts shall
contain:
  1. the amount of money paid for each item;
  2. the total amount of money paid including a  separate  statement  of
tax;
  3. the date of the purchase;
  4.  the  name  and  address  of the electronics store as listed on the
license;
  5. the license number of the licensee; and
  6. a full description of  each  item  purchased  including  the  type,
color,  size; the style or model number and year; and the brand name and
manufacturer's name.
  d.  Records.  Every  person  licensed  to  maintain  or   operate   an
electronics  store  shall maintain records, ledgers, receipts, bills and
such other written records as the commissioner may  prescribe  by  rule.
Such  records shall be made available for inspection by the commissioner
at his or her request at either the licensee's place of business  or  at
the offices of the department.

Section 20-485.6

Section 20-485.6

  § 20-485.6 Violations. a. The civil penalties imposed pursuant to this
section shall be in addition to any other sanctions and orders which may
be  imposed by the commissioner pursuant to this title including but not
limited to such sanctions and orders which may be  imposed  pursuant  to
section 20-105 of this code.
  b.  Notwithstanding  the provisions of subdivisions a and b of section
20-106, any person who violates any provision of this subchapter or  any
rules  promulgated thereunder shall be subject to a civil penalty of not
less than two hundred and fifty  dollars  nor  more  than  two  thousand
dollars for each violation, to be recovered in a civil action.

Section 20-486

Section 20-486

  § 20-486 Exemptions. The provisions of this subchapter shall not apply
to:  a.  any  store  which  uses less than twenty percent of its display
space, as measured by linear feet and not square feet, for  the  display
of electronic goods; or
  b. any store that displays fewer than thirty items that are electronic
goods in its display space.

Section 20-487

Section 20-487

  §  20-487  Powers  of the commissioner. The authority and power of the
commissioner pursuant to this subchapter and chapter one of  this  title
shall  extend  to all sales and advertising activities of an electronics
store and shall not be  limited  to  sales  and  advertising  activities
relating  to  the merchandise described in paragraph b of section 20-484
of this subchapter or to merchandise  described  in  any  rules  of  the
commissioner promulgated under this subchapter.