[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 9-26-1978 as Ord. No. 24-1978. Amendments noted where applicable.]
For the purposes of this chapter, 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," "discontinuance of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "removal," "fire sale," "damaged stock" or any other designation of like meaning indicating the forced sale of merchandise.
[Amended 10-24-1978 by Ord. No. 28-1978]
No person shall conduct a closing-out sale in the Town of Dover without first filing with the Town Clerk the information hereinafter specified and obtaining from such Clerk a license so to do, to be known as a "closing-out sale license." The fee for such license shall be fixed as follows: for a period not exceeding 10 consecutive calendar days, $25; for a period not exceeding 20 consecutive calendar days, $35; for a period not exceeding 30 consecutive calendar days, $50; for a period not exceeding 60 consecutive calendar days, $75; and for a period not exceeding 90 consecutive calendar days, $100; provided that only one such license shall be issued to any one person within a thirty-six-month period, and no such license shall be issued for more than 90 consecutive calendar days.
The information to be filed with the Town Clerk pursuant to § 301-2 shall be a complete and accurate list or a written statement of the current retail value of the stock of goods, wares and merchandise to be sold at any sale for which a license is hereby required and shall be signed by the person seeking the license or by a resident agent thereunder authorized, and, by affidavit, at the foot thereof, the person so signing shall swear or affirm that the information therein given is full and true and known by him to be so.
No person shall sell, offer or expose for sale at any such sale or list on such inventory or on the statement of the current retail value any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or make any replenishments or additions to such stock for the purposes of such sale, or during the time thereof, or fail, neglect or refuse to keep accurate records of the articles or things sold, or of the cash receipts therefor, from which records the Town Clerk may ascertain the kind and quantity or number sold.
The Town Clerk may, at his discretion, either himself or by such person as he may designate, verify the details of the information filed for the purpose of obtaining a closing-out sale license, and he may make a check and verify the items of merchandise sold during the sale. No person to whom a closing-out sale license had been issued shall fail or refuse to give the Town Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or the proper information of goods sold or any other information that he may require in order to make a thorough investigation of all phases of the sale.
Each license issued under the provisions of this chapter must be prominently displayed in the establishment for the purpose of advising the public that such sale has been licensed, and the license number shall be prominently shown on the show window or front of the establishment throughout the entire period of the licensed sale.
[Added 10-24-1978 by Ord. No. 28-1978]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days. Each day that the same is violated shall be deemed and taken to be a separate and new offense.