Sec. 21-35d. Municipal license.
Sec. 21-35e. Duration of sale. Extension.
Sec. 21-35f. Additional goods not to be ordered within sixty days of license application.
Sec. 21-35b. State license. Fee. Application. Documentation to be made available for inspection by commissioner. License number and termination date to be displayed in advertisements. License to be posted at point of sale. (a) No person shall advertise, offer for sale or sell a stock of goods, wares or merchandise as part of a closing-out sale unless such person has obtained from the Commissioner of Consumer Protection a state closing-out sale license authorizing such sale for each location at which such sale is to be conducted.
(b) Each person desiring to conduct a closing-out sale shall pay to the Commissioner of Consumer Protection a state closing-out sale license fee in the amount of one hundred dollars and the commissioner shall issue to the applicant a state closing-out sale license, authorizing the licensee to advertise and conduct a closing-out sale consistent with that requested in the application.
(c) Each person applying for a state closing-out sale license shall make an application for such license in a form and manner prescribed by the Commissioner of Consumer Protection. Such application shall be in writing and include the opening and terminating dates of the proposed closing-out sale and an attestation by the applicant that such applicant is not delinquent in payment of any taxes due and owing to this state or any political subdivision of this state. No state closing-out sale license shall be issued unless the application is submitted to the Department of Consumer Protection at least five days prior to the requested commencement date of the closing-out sale. Any applicant who uses the services of a promoter, as defined in section 21-35a, for a closing-out sale shall include in the application the name and license number for each such promoter. The commissioner may, by regulation, request such other information to be submitted by the applicant as he deems necessary.
(d) All documentation concerning the goods, wares and merchandise to be included in such closing-out sale, including but not limited to purchase orders and delivery statements, shall be made available by the licensee for inspection by an authorized representative of the Commissioner of Consumer Protection during regular business hours.
(e) Each person holding a state closing-out sale license shall (1) include the state closing-out sale license number in any advertisement, together with clear and conspicuous disclosure of the termination date of such state closing-out sale license, and (2) post such state closing-out sale license in a conspicuous location at the point of sale.
(P.A. 76-281, S. 2; P.A. 91-163, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 25-111, S. 14.)
History: P.A. 91-163 amended Subsec. (a) to require that a license be obtained for each location at which a sale is to be conducted, amended Subsec. (c) to require that sales be conducted “in the manner prescribed by the commissioner”, to provide that no license be issued unless the application has been submitted at least five days before the start of the closing-out sale, that any applicant who uses a promoter is required to include with the application a copy of the agreement between the applicant and the promoter and to provide that the commissioner could request more information to be submitted and added new Subsec. (e) requiring that documentation concerning the merchandise to be included in the sale be made available for inspection by the commissioner and new Subsec. (f) requiring that licensees include the license number and termination date in any advertisement and post the license at the point of sale; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 25-111 substantially amended section including Subsec. (b) by replacing provision re deposit with provision re fee, Subsec. (c) by deleting provision re inventory, adding provision re attestation that applicant is not delinquent in payment of taxes and replacing provision re disclosure of contract with promoter with provision re disclosure of name and license number of promoter, deleting former Subsec. (d) re monthly report by licensee, redesignating existing Subsecs. (e) and (f) as Subsecs. (d) and (e), and making technical and conforming changes throughout section, effective June 24, 2025.
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Sec. 21-35c. License to expire ninety days after issuance date or on termination date in original application. Except as provided in section 21-35e, a state closing-out sale license issued under this chapter shall expire ninety days after the date on which such state closing-out sale license was issued or on the termination date designated in the original application for such state closing-out sale license, whichever occurs first.
(P.A. 76-281, S. 3; P.A. 83-243, S. 2; P.A. 91-163, S. 3; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 06-196, S. 253; P.A. 25-111, S. 15.)
History: P.A. 83-243 amended section to permit attachment or execution in behalf of consumers and to require commissioner to pay over upon execution of a judgment; P.A. 91-163 amended Subsec. (a) to replace provision re three-month expiration with ninety-day expiration and to delete provision re sixty-day extension; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 06-196 made technical changes in Subsec. (a), effective June 7, 2006; P.A. 25-111 substantially amended section including by deleting Subsec. designator (a), adding provision specifying that state closing-out sale license shall expire upon earlier of 90 days after date such license was issued or termination date designated in original application for such license, deleting provisions re return of license and special deposit and deleting former Subsec. (b) re procedure following loss or destruction of license, effective June 24, 2025.
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Sec. 21-35d. Municipal license. Before selling under the state closing-out sale license prescribed in section 21-35b in any town, city or borough, each person conducting a closing-out sale shall make application for a municipal closing-out sale license to the selectmen or other authority of such town, city or borough authorized to issue licenses therein; and, unless the fee therefor is fixed as herein provided, shall file with them a true statement, under oath, of the average quantity and value of the stock of goods, wares and merchandise kept or intended to be kept or exposed by such person for sale. Such selectmen or other authority shall submit such statement to the assessors of the town, who, after such examination and inquiry as they deem necessary, shall determine such average quantity and value, and shall forthwith transmit a certificate thereof to such selectmen or other authority. Thereupon such selectmen or other authority shall authorize the town clerk, upon the payment by the applicant of a fee equal to the taxes assessable in such town, city or borough under the last-preceding tax levy therein upon an amount of property of the same valuation, to issue to such person a municipal closing-out sale license authorizing such closing-out sale in such municipality. Such authority may authorize the issue of such municipal closing-out sale license without the filing of such statement, upon the payment of a municipal closing-out sale license fee fixed by it. Upon payment of such fee, such town clerk shall issue such municipal closing-out sale license, which shall remain in force as long as the licensee continuously keeps and exposes for sale in such municipality such stock of goods, wares or merchandise, but not later than the first day of October following its date.
(P.A. 76-281, S. 4; P.A. 25-111, S. 16.)
History: P.A. 25-111 deleted provisions re recording and endorsement of state license by town clerk and made technical and conforming changes, effective June 24, 2025.
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Sec. 21-35e. Duration of sale. Extension. No sale shall continue beyond a reasonable date to be specified in the required application, except the Commissioner of Consumer Protection may authorize an extension upon a proper showing of need.
(P.A. 76-281, S. 5; P.A. 25-111, S. 17.)
History: P.A. 25-111 substantially amended section including by deleting provisions re inventory of items to be sold and submission of revised inventory as precondition to extension of sale, effective June 24, 2025.
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Sec. 21-35f. Additional goods not to be ordered within sixty days of license application. No person in contemplation of a closing-out sale under a state closing-out sale license as provided for in section 21-35b shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such sale, and any unusual purchases and additions to the stock of such goods, wares or merchandise within sixty days prior to the filing of application for a state closing-out sale license to conduct such sale shall be presumptive evidence that such purchases and additions to stock were made in contemplation of such sale.
(P.A. 76-281, S. 6; P.A. 25-111, S. 18.)
History: P.A. 25-111 added “state closing-out sale” before “license”, effective June 24, 2025.
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