[HISTORY: Adopted by the Wilton Town Meeting 5-23-1966. Amendments noted where applicable.]
No person, firm, association or corporation shall conduct or advertise any retail sale of personal property in the Town of Wilton by any means or in any manner so as reasonably to cause the public to believe that such sale will offer damaged or altered property, or that upon disposal of the property on hand the business will be discontinued or removed or that the property offered for sale was acquired in the course of a voluntary or involuntary liquidation, unless a license for such sale shall have been issued by the Chief of Police as hereinafter provided.
Application for such license shall be made in writing to the Chief of Police and shall contain the following:
The names and addresses of the person or persons to be licensed and the owner or owners of the property, including the names of the officers and directors thereof.
A sworn inventory of the property on hand to be sold under the license, including as to each article, a description, the cost price, the manufacturer's name and stock number, the date of purchase and name of the person from whom purchased. If the Chief of Police finds that it is impossible to fulfill all the provisions of this paragraph, he may waive such provisions.
The place and date of the proposed sale and the period of time during which the same is to continue.
A full and complete statement of the facts regarding the proposed sale, reasons for it, the manner in which the same will be conducted, the means to be employed in advertising the same and the proposed content of any advertisements.
Facts establishing that all taxes previously levied on said property by the Town of Wilton have been fully paid.
Detailed information concerning the nature of the occupancy of the premises whether by lease or sublease and the effective date of the termination of such occupancy.
The inventory shall include no property acquired in contemplation of such sale, and any unusual purchases of or additions to the property of the applicant or his principal within a period of 60 days prior to the date of the application shall be presumed to have been made in contemplation of such sale. Under no circumstances shall the stock of inventory offered for sale exceed by 50% the average inventory carried by the applicant over the preceding five years. If said applicant has been in business for a lesser period of time, then said inventory offered for sale shall not exceed by 50% the average inventory carried for the period of time the applicant has been in business.
The Chief of Police shall examine the details of the inventory and the items of property sold during any sale under such license. It shall be unlawful for any applicant or licensee to withhold from the Chief of Police any facts or information required by him in the enforcement of this ordinance. The Chief of Police shall have power to enter the establishment during normal business hours to examine the property.
Under any license issued hereunder the licensee shall conduct only the type of sale described in the application for such license and shall sell only the property described in the inventory attached to said application.
The license for such sale shall be for the period requested by the applicant, but shall not exceed 60 successive days, Sundays and legal holidays excluded, from the date of issuance thereof. If a license shall have been issued for a period of less than 60 days, the same may be extended on application of the licensee for a further period which, with the original license period, shall not exceed said maximum period of 60 days, upon the payment of an additional license fee as hereinafter provided.
The maximum period of 60 days may be extended by the Chief of Police if, prior to the expiration of the license, a sworn application for such extension shall be filed by the licensee setting forth the amount of property listed in the original inventory sold since the issuance of the license, the amount of such property still remaining in the possession of the licensee, and the length of time for which such extension is requested, and such application shall be accompanied by such evidence as shall be satisfactory to the Chief of Police that no property has been added to that listed in the original inventory. If the Chief of Police shall determine that no property has been added to that listed in the original inventory and that a further period of time is necessary to dispose of the unsold property listed in the original inventory, he may grant a further extension of the license period not to exceed 30 days, Sundays and legal holidays excluded, from the expiration of said sixty-day license period.
The fees for such license shall be as follows:
Each licensee hereunder shall:
Make no additions whatsoever, during the period of the license or any extension thereof, to the property offered for sale and listed in the inventory attached to the application for such license.
Refrain from employing any untrue, deceptive or misleading advertising, and conduct said sale in strict conformity with any advertising thereof.
Keep and make available to inspecting officials at the place of such sale a duplicate copy of the inventory attached to the application for such license,
Clearly designate all items of property listed in such inventory and keep all other property in and about the place of sale clearly separate and apart in a manner designated by the Chief of Police from the property listed in such inventory and which is the subject of the licensed sale.
Upon the expiration of the license period or any authorized extension thereof, if the licensee shall continue in business at the place of sale, all further advertising of such sale shall be discontinued and removed from the premises and from the items of property offered for sale under such license.
No license shall be issued hereunder unless and until all taxes levied by the Town of Wilton on any property included in the inventory attached to the application for such license shall have been fully paid nor to any person, firm, association or corporation who shall have conducted a going-out-of-business or removal-of-business sale at the same location as stated in the application within one year prior to the date of such application.
The Chief of Police may at any time suspend or revoke any such license if the licensee shall offer or cause or permit to be offered for sale under such license any property other than the property listed in the inventory attached to the application for such license or shall violate any of the provisions of this ordinance.
The provisions of this ordinance shall not apply to authorized public officials and persons acting pursuant to an order or process of a court of competent jurisdiction, nor to duly licensed auctioneers selling at auction, nor in any established newspaper, magazine or other publication publishing any advertisement in good faith and without knowledge that the same is false, misleading or deceptive or in violation of the provisions of this ordinance, nor to property sold in the regular course of business by persons regularly engaged in the business or purchasing damaged or unclaimed property from railroads and transportation companies and whose advertising clearly indicates the regular and continuous operation of such business, or persons conducting a sale of the type regulated herein on the effective date of this ordinance, unless such sale is continued for a period of more than 30 days from and after such effective date, in which event, such person, at the lapse of the thirty-day period, shall comply with the provisions of this ordinance.
Any person, firm, association or corporation who shall violate any of the provisions of this ordinance shall be fined not more than $50 or imprisoned not more than 30 days or both.