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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.