Sec. 21a-226. Connecticut Health Club Guaranty Fund.
Sec. 21a-217. (Formerly Sec. 19-341b). Contracts for health club services. Right of cancellation and other relief. (a) Each contract for health club services shall provide that such contract may be cancelled not later than three business days after the date on which the buyer under such contract receives a copy of such contract, by written cancellation notice delivered, with delivery tracking, to the health club or the health club's agent at an address that shall be specified in such contract. Not later than ten business days after the health club or the health club's agent receives such written cancellation notice, the health club shall provide to the buyer a written statement confirming that such contract has been cancelled and disclosing the effective date of such cancellation. After receipt of such written cancellation notice, the health club may request the return of any cards or equipment that were delivered to the buyer as part of the membership. Cancellation shall be without liability on the part of the buyer, except for the fair market value of services actually received and the buyer shall be entitled to a refund of the entire consideration paid for the health club contract, if any, less the fair market value of the services or use of facilities already actually received. Such right of cancellation shall not be affected by the terms of the health club contract and may not be waived or otherwise surrendered.
(b) (1) Each health club contract shall also provide that:
(A) The buyer or the buyer's estate shall be relieved of any further obligation not due and owing under such contract (i) if the person receiving the benefits of such contract (I) relocates further than twenty-five miles from a health club location operated by the health club or a substantially similar health club location which would accept the health club's obligations under such contract, or (II) dies during the membership term following the effective date of such contract, or (ii) if the health club ceases operation at the health club location where the buyer entered into such contract;
(B) If the buyer becomes disabled during the membership term, the buyer shall have the option of (i) being relieved of liability for payment on that portion of the contract term for which the buyer is disabled, or (ii) extending the original term of such contract, at no cost to the buyer, for a period equal to the duration of the disability; and
(C) The buyer may, at the buyer's option, void such contract prospectively if (i) the health club ceases to offer facilities or amenities that are substantially similar to the facilities or amenities that such health club offered to the buyer when the buyer initially entered into such contract, or (ii) the services offered under such contract are no longer available, or are substantially unavailable, because the operations of the health club have permanently discontinued or there has been a substantial change in the operations of the health club location primarily used by the buyer.
(2) For the purposes of this subsection, the health club location primarily used by the buyer shall be (A) the health club location designated by the buyer as the buyer's preferred health club location for delivery of services under the health club contract, or (B) if the buyer does not designate a health club location as the buyer's preferred health club location for delivery of services under the health club contract, the health club location most frequented by the buyer during the preceding calendar year.
(c) A health club shall have the right to require and verify reasonable evidence of relocation, disability or death. In the case of disability, a health club may require that documentation from a licensed physician, a licensed physician assistant, a licensed advanced practice registered nurse or another credentialed medical provider be submitted as verification.
(P.A. 76-262, S. 2; P.A. 77-585, S. 2; P.A. 84-531, S. 2; P.A. 05-158, S. 2; P.A. 16-39, S. 43; P.A. 21-196, S. 49; P.A. 24-142, S. 19; P.A. 25-111, S. 28.)
History: P.A. 77-585 removed references to “permanent” disability and added special provision specifically stating courses of action open to buyers who become disabled and included in contracts; Sec. 19-341b transferred to Sec. 21a-217 in 1983; P.A. 84-531 required a contract to include a provision providing that a buyer is relieved of further payment if a health club ceases operation at the location where the buyer entered into the contract; P.A. 05-158 provided that written notice of cancellation may be mailed to seller's agent and made a technical change, effective July 1, 2005; P.A. 16-39 replaced “doctor's certificate” with “certificate signed by a licensed physician or a licensed advanced practice registered nurse” and replaced “doctor” with “licensed physician or a licensed advanced practice registered nurse”; P.A. 21-196 added references to licensed physician assistant; P.A. 24-142 substituted provision requiring delivery of notice with delivery tracking for provision requiring delivery of notice by certified or registered mail, substituted provision re return of cards or equipment delivered to buyer as part of membership for provision re return of contract forms, membership cards, other documents and evidence of membership previously delivered to buyer, substituted provision re documentation from licensed physician, physician assistant, advanced practice registered nurse or another credentialed medical provider for provision re certificate signed by licensed physician, physician assistant or advanced practice registered nurse, deleted provision re physical examination, and made technical and conforming changes, effective June 6, 2024; P.A. 25-111 substantially amended section including by designating existing provisions re cancellation as Subsec. (a) and therein adding provision re written confirmation of cancellation, designating existing provisions re relocation, death, cessation of operations and disability as Subsec. (b)(1), (1)(A) and (1)(B), adding Subsec. (b)(1)(C) and (2) re voiding contract prospectively and method used to identify health club location primarily used by buyer, designating existing provisions re health club's right to require and verify reasonable evidence of relocation, disability or death as Subsec. (c) and making technical and conforming changes throughout section.
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Sec. 21a-218. (Formerly Sec. 19-341c). Statement of buyer's rights. Form. Buyer's cancellation. Seller's written confirmation. Buyer's disability. Refunds. (a) A copy of the health club contract shall be delivered to the buyer at the time the contract is signed. All health club contracts shall (1) be in writing and signed by the buyer, (2) designate the date on which the buyer actually signs the contract, (3) identify the address of the location at which the buyer entered the contract, and (4) contain a statement of the buyer's rights which complies with this section. The following statement shall prominently and conspicuously appear, in at least twelve-point font, at the top of the contract:
“BUYER'S RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by sending a written notice stating that you do not wish to be bound by this contract. The notice must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to:
....
....
(Insert name, electronic mail address and mailing address for cancellation notice.)
You may also cancel this contract if:
(1) You relocate your residence further than twenty-five (25) miles from any health club operated by the seller or from any other substantially similar health club which would accept the obligation of the seller;
(2) You die; or
(3) The health club ceases operation at the location where you entered into this contract or the location closest to your primary residence.
If you become disabled, you shall have the option of:
(1) Being relieved of liability for payment on that portion of the contract term for which you are disabled; or
(2) Extending the duration of the original contract at no cost to you for a period equal to the duration of the disability.
You must send a written notice of disability, which may be sent to the health club in an electronic form. You may be required to prove such disability by submitting documentation from a licensed physician, a licensed physician assistant, a licensed advanced practice registered nurse or another credentialed medical provider. If you cancel, the health club may keep or collect an amount equal to the fair market value of the services or use of facilities you have already received.
NOTICE OF GUARANTY FUND
The Connecticut Health Club Guaranty Fund is administered by the Department of Consumer Protection to protect consumers who have a health club contract with a club that closes down or moves. If a health club is no longer operating at the location where you entered into the contract, you may be eligible for reimbursement through the fund. For further information, and to apply to the fund, please visit (insert Department of Consumer Protection's Internet web site address) or contact the department by phone at (insert Department of Consumer Protection's main telephone number).”
(b) If a buyer cancels a health club contract pursuant to the three-day cancellation provision or as a result of having moved further than twenty-five miles, or as a result of the health club ceasing operation at the location where the buyer entered into the contract or the location closest to the buyer's primary residence as provided by this chapter, the health club shall send the buyer a written confirmation of cancellation within fifteen days after receipt by the health club of the buyer's cancellation notice. If the health club fails to send such written notice to the buyer within fifteen days, the health club shall be deemed to have accepted the cancellation.
(c) A buyer who is disabled may, at the buyer's option, extend the duration of the original contract at no cost to the buyer for a period equal to the duration of the disability, or remain liable for partial payment on the contract as follows:
(1) A buyer who is disabled for a period less than the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the total number of weeks specified in the contract less the number of weeks after the date on which the disability first occurred, the difference being divided by the total number of weeks specified in the contract and the result of that division being multiplied by the total contract price.
(2) A buyer who is disabled for the full remaining term of the contract shall only be liable for a pro-rata portion of the contract price equal to the number of complete weeks before the date the disability first occurred for which the services or facilities were made available to the buyer divided by the total number of weeks specified in the contract with the result being multiplied by the total contract price.
(3) If the reasonable probabilities are that the buyer will be disabled for the full remaining term of the contract, and the buyer has elected not to extend the duration of the contract as provided in this subsection, the health club shall cancel the buyer's contract at the time such a determination is made and notify the buyer in writing that the contract has been cancelled.
(4) Any money paid by the buyer which is in excess of the amount for which the buyer is liable under the provisions of this section shall be refunded by the seller to the buyer.
(5) A health club which received notice of disability from a buyer shall provide such buyer with a written form which shall fully explain the buyer's options as set forth in this subsection. Such form shall provide on it a location where the buyer shall indicate in writing the option such buyer has chosen. Such form shall be signed by the buyer and the health club.
(d) In any cancellation of a health club service contract the buyer shall not be liable for any payment to the seller if the services received by the buyer are as a result of a representation by the health club to the buyer that such services are to be received free or if the buyer received services at a health club as a result of a representation by the health club to the buyer that such services are to be received at a reduced or discount price, the buyer shall only be liable as a result of his cancellation for an amount equal to that which was represented to the buyer that such buyer would have to pay.
(e) Any refund to the buyer as a result of cancellation of the contract shall be delivered by the health club to the buyer within fifteen business days of receipt by the health club of the notice of cancellation.
(P.A. 76-262, S. 3; P.A. 77-585, S. 3; P.A. 84-531, S. 3; P.A. 05-158, S. 3; P.A. 16-39, S. 44; P.A. 21-37, S. 39; 21-196, S. 50; P.A. 24-142, S. 20; P.A. 25-111, S. 29.)
History: P.A. 77-585 changed wording of buyer's rights statement, required that statement be in ten-point bold type and added Subsecs. (b) to (f); Sec. 19-341c transferred to Sec. 21a-218 in 1983; P.A. 84-531 made cessation of operation at the location where the customer entered into a contract grounds for cancellation of the contract, and specified the date from which a pro rata portion of the contract price is calculated as “the date the disability first occurred” rather then the date of “the commencement of disability”; P.A. 05-158 amended Subsec. (a) to provide that contracts shall identify the address of the location at which the buyer entered the contract and to provide that the statement of the buyer's rights shall include the address to which the buyer may mail cancellation notice, effective July 1, 2005; P.A. 16-39 amended Subsecs. (a) and (c)(1) by replacing “doctor's certificate” with “certificate signed by a licensed physician or a licensed advanced practice registered nurse” and made a conforming change in Subsec. (a); P.A. 21-37 amended Subsec. (a) by making technical changes, redesignating existing provisions as Subdivs. (1) to (4), deleting former Subdiv. designators (1) and (2), replacing “mailing” with “sending”, deleting reference to certified or registered mail, changing “the address” to “one of the addresses”, adding reference to electronic mail address and adding provision requiring contract renewals to revise language to provide for cancellation notices received by electronic mail; P.A. 21-196 amended Subsec. (c)(1) by adding reference to physician assistant; P.A. 24-142 substantially amended Subsec. (a) including by requiring that statement prominently and conspicuously appear, in at least 12-point font, at top of contract, dividing provisions re additional grounds to cancel contract into Subdivs. and adding provisions re licensed physician assistants and other credentialed medical providers, amended Subsec. (b) by adding provision re location closest to buyer's primary residence, deleted former Subsec. (c) re additional physical examination performed on behalf of health club, redesignated existing Subsecs. (d) to (f) as Subsecs. (c) to (e), and made technical and conforming changes in Subsec. (a) and redesignated Subsecs. (c) and (d), effective June 6, 2024; P.A. 25-111 amended Subsec. (a) by adding provisions re notice of Connecticut Health Club Guaranty Fund.
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Sec. 21a-223. (Formerly Sec. 19-341h). License required. Fee. Renewal. Sanitary facilities. Suspension of, placement of conditions on or revocation of license. Civil penalty. (a) Each individual place of business of each health club shall obtain a license from the Department of Consumer Protection prior to the sale of any health club contract. Application for such license shall be made on forms provided by the Commissioner of Consumer Protection and said commissioner shall require as a condition to the issuance and renewal of any license obtained under this chapter (1) that the applicant provide for and maintain on the premises of the health club sanitary facilities; (2) that the applicant (A) (i) provide and maintain in a readily accessible location on the premises of the health club at least one automatic external defibrillator, as defined in section 19a-175, and (ii) make such location known to employees of such health club, (B) ensure that at least one employee is on the premises of such health club during staffed business hours who is trained in cardiopulmonary resuscitation and the use of an automatic external defibrillator in accordance with the standards set forth by the American Red Cross or American Heart Association, (C) maintain and test the automatic external defibrillator in accordance with the manufacturer's guidelines, and (D) promptly notify a local emergency medical services provider after each use of such automatic external defibrillator; (3) that the application be accompanied by (A) a license or renewal fee of two hundred fifty dollars, (B) a list of the equipment and each service that the applicant intends to have available for use by buyers during the year of operations following licensure or renewal, and (C) an electronic copy of each health club contract that the applicant is currently using or intends to use; and (4) compliance with the requirements of section 21a-226. Such licenses shall be renewed annually.
(b) No health club shall (1) engage in any act or practice that is in violation of or contrary to the provisions of this chapter or any regulation adopted to carry out the provisions of this chapter, including the use of contracts that do not conform to the requirements of this chapter, or (2) engage in conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner. The Commissioner of Consumer Protection may refuse to grant or renew a license to, impose a civil penalty in an amount not to exceed one thousand dollars per violation on or suspend, place conditions on or revoke the license of any health club that engages in any conduct prohibited by this chapter.
(c) If the commissioner refuses to grant or renew a license of any health club, the commissioner shall notify the applicant or licensee of the refusal, and of the applicant's or licensee's right to request a hearing not later than ten days after the date of receipt of the notice of refusal. If the applicant or licensee requests a hearing within such ten-day period, the commissioner shall give notice of the grounds for the commissioner's refusal to grant or renew such license and shall conduct a hearing concerning such refusal in accordance with the provisions of chapter 54 concerning contested matters.
(d) The Attorney General at the request of the Commissioner of Consumer Protection may apply in the name of the state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any health club from operating in violation of any provision of this chapter.
(P.A. 76-262, S. 8; P.A. 77-585, S. 7; P.A. 78-116, S. 1; P.A. 82-50, S. 3, 4; P.A. 83-292, S. 2, 3; P.A. 84-531, S. 7; P.A. 94-36, S. 31, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 05-158, S. 7; June Sp. Sess. P.A. 09-3, S. 287; P.A. 21-26, S. 2; P.A. 24-142, S. 22; P.A. 25-111, S. 30.)
History: P.A. 77-585 deleted obsolete reference to obtaining license “on or before November 1, 1976”, required as condition of licensure maintenance of sanitary facilities and added Subsecs. (b) and (c) re refusal, suspension or revocation of license and re court orders; P.A. 78-116 deleted reference to shower facilities in Subsec. (a); P.A. 82-50 amended Subsec. (a) by specifically requiring owners of more than one health club to obtain a license for each establishment; Sec. 19-341h transferred to Sec. 21a-223 in 1983; P.A. 83-292 added bond requirement for issuance or renewal of license; P.A. 84-531 specified, in Subsec. (a), that health clubs must be licensed before they sell any contracts, deleted provisions re posting of surety bond, added exception to $200 fee for clubs commencing operation after April first, required that license applications be accompanied by a list of equipment and services and required compliance with Sec. 21a-226, amended Subsec. (b) to prohibit violation of chapter provisions and associated regulations and to prohibit conduct likely to mislead, deceive or defraud buyers, added Subsec. (c) re procedure for notification of refusal to grant or renew license, relettering former Subsec. (c) as (d) and substituting reference to court orders to prevent health clubs from violating chapter provisions rather than to prevent them from operating without license or preopening sales permit; P.A. 94-36 amended Subsec. (a) to eliminate prorated license application fees and the “October first” license renewal date, effective January 1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department 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. 05-158 amended Subsec. (a) to change requirement from a list of “each piece of” equipment to a list of “the” equipment in Subdiv. (2)(B) and to authorize commissioner to impose a civil penalty against any health club that fails to submit a license renewal for a health club location for which health club contracts are sold or offered for sale, and made a technical change in Subsec. (b), effective July 1, 2005; June Sp. Sess. P.A. 09-3 amended Subsec. (a)(2)(A) to increase license or renewal fee from $200 to $250; P.A. 21-26 amended Subsec. (a) by adding new Subdiv. (2) requiring applicant to provide and maintain an automatic external defibrillator, make its location known to employees, ensure at least one employee on premises during staffed business hours is trained in cardiopulmonary resuscitation and use of automatic external defibrillator, test the automatic external defibrillator and promptly notify emergency medical services after each use of an automatic external defibrillator, redesignating existing Subdiv. (2) as Subdiv. (3), amending redesignated Subdiv. (3) by making technical changes and redesignating existing Subdiv. (3) as Subdiv. (4) and amended Subsecs. (b) to (d) by making technical changes; P.A. 24-142 amended Subsec. (a) by substituting “an electronic copy” for “two copies” in Subdiv. (3)(C) and deleting provisions re civil penalty, effective June 6, 2024; P.A. 25-111 amended Subsec. (b) by adding provisions re civil penalty and placement of conditions on license and made technical and conforming changes in Subsecs. (a) and (b).
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Sec. 21a-226. Connecticut Health Club Guaranty Fund. (a) The Commissioner of Consumer Protection shall establish and maintain the Connecticut Health Club Guaranty Fund in accordance with the provisions of this section.
(b) Any health club which receives a license pursuant to section 21a-223 shall pay a fee of five hundred dollars annually to the guaranty fund except that a health club operated primarily for the purpose of teaching particular forms of self-defense or martial arts that has annual gross revenues of less than one hundred thousand dollars shall pay one hundred dollars annually to the guaranty fund.
(c) Payments received under subsection (b) of this section shall be credited to the guaranty fund whenever the fund balance is less than three hundred fifty thousand dollars. Money in the fund may be invested or reinvested in the same manner as funds of the state employees retirement system, and the interest derived from such investments shall be credited to the guaranty fund whenever the fund balance is less than three hundred fifty thousand dollars. Any such payments or interest not deposited in the guaranty fund shall be credited to the General Fund.
(d) If a health club is no longer in operation at the location where the buyer entered into the contract, the buyer having a claim against said health club may apply to the commissioner for payment of such claim from the guaranty fund, if the claim arises from (1) failure to provide services, (2) failure to comply with its contract obligations, (3) failure to remain open for the duration of its contracts, or (4) failure to comply with any provision of this chapter. Such claim may be filed if the health club fails to make payment of such claim.
(e) The commissioner shall provide forms for applications by buyers for payment from the guaranty fund. The application shall include the name and address of the health club, the beginning and ending date of the contract, the price of the contract, the date of the closing of the health club, the amount and the basis of the claim and a copy of the contract or other proof of membership deemed suitable by the commissioner. No application for a payment from the guaranty fund shall be accepted by the commissioner more than six months after the date of the closing of the location of the health club where the buyer entered into the contract.
(f) (1) Before the commissioner may issue any order directing payment out of the guaranty fund to a buyer pursuant to this section, the commissioner shall first notify the health club of the buyer's application for an order directing payment out of the guaranty fund and of the health club's right to a hearing to contest the disbursement in the event that the health club (A) has already paid the buyer, or (B) is complying with a payment schedule in accordance with (i) a written agreement with the buyer, or (ii) a court judgment, order or decree.
(2) If a health club described in subdivision (1) of this subsection requests a hearing, the commissioner shall grant such request and conduct the hearing in accordance with the provisions of chapter 54 if the health club submits such request (A) in writing, and (B) not later than fifteen days after the health club receives the notice issued by the commissioner pursuant to subdivision (1) of this subsection.
(3) If the commissioner does not receive a request from a health club for a hearing within the fifteen-day period set forth in subdivision (2) of this subsection, the commissioner shall (A) determine that the buyer has not been paid, and (B) issue an order directing payment out of the guaranty fund for the amount due.
(4) If multiple buyers submit claims against any health club, the commissioner may hear such buyers' applications in one proceeding.
(g) After hearing, the commissioner shall issue an order requiring payment from the guaranty fund of any sum the commissioner finds to be payable upon such application. The total compensation payable from the guaranty fund on the closing of any one health club location shall not exceed one hundred twenty-five thousand dollars.
(h) If the commissioner pays any amount as a result of a claim against a health club pursuant to an order under subsection (g) of this section, the health club shall pay the amount due plus interest at the rate of ten per cent per year. A health club shall not be eligible to receive a new or renewed license until the health club has repaid such amount in full. All funds paid pursuant to this subsection shall be deposited in the guaranty fund.
(i) If the commissioner pays any amount as a result of a claim against a health club pursuant to an order under subsection (g) of this section, the commissioner shall determine if the health club is possessed of real or personal property or other assets, liable to be sold or applied in satisfaction of the claim on such fund. If the commissioner discovers any such assets, the commissioner may request that the Attorney General take any action necessary for the realization thereof for the reimbursement of the guaranty fund.
(j) The commissioner may, in order to preserve the integrity of the guaranty fund, order payments to be made out of said fund for amounts less than the actual loss incurred by any buyer of a health club contract.
(k) When the commissioner has caused any sum to be paid from the guaranty fund to a buyer who has entered into a health club contract, the commissioner shall be subrogated to all of the rights of the buyer up to the amount paid, and the buyer shall assign all of the buyer's right, title and interest in the claim up to such amount to the commissioner, and any amount and interest recovered by the commissioner on the claim shall be deposited to the guaranty fund, except as provided in subsection (c) of this section.
(l) Notwithstanding any provision of the general statutes to the contrary, the commissioner may prohibit a health club from making payments to the Connecticut Health Club Guaranty Fund if, in the opinion of the commissioner, the health club within the past five years has engaged in any unfair or deceptive trade practices under subsection (a) of section 42-110b, has engaged in any conduct of a character likely to mislead, deceive or defraud the buyer, the public or the commissioner, or has violated any of the provisions of this chapter. If the commissioner determines that a health club should be prohibited from making payments to the Connecticut Health Club Guaranty Fund, the department shall provide notice to the health club, which notice shall state the grounds for the contemplated action. Not later than fourteen days after the health club receives such notice, the health club may file a written request for a hearing. If a hearing is requested such hearing shall be conducted in accordance with the provisions of chapter 54.
(m) Each health club which has been prohibited from making payments to the Connecticut Health Club Guaranty Fund shall furnish the commissioner with a guaranty bond satisfactory to the commissioner in a sum equal to one hundred twenty-five thousand dollars and shall obtain a certificate from the department that the requirements of this subsection have been met. If a health club is no longer in operation at the location where the buyer entered into the contract, the buyer having a claim against the health club may apply to the commissioner for payment of such claim from the guaranty bond, if the claim arises from (1) failure to provide services, (2) failure to comply with its contract obligations, (3) failure to remain open for the duration of its contracts, or (4) failure to comply with any provision of this chapter. Such claim may be filed if, within thirty days after the buyer gives notice of the claim to the health club, the health club fails to make payment of such claim.
(n) The commissioner may adopt regulations in accordance with chapter 54 to carry out the purposes of this section.
(P.A. 84-531, S. 8; P.A. 88-179, S. 1-3; P.A. 90-96, S. 1; P.A. 95-135, S. 1; 95-219; P.A. 02-82, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 24-142, S. 23; P.A. 25-31, S. 1, 5; 25-111, S. 31.)
History: P.A. 88-179 amended Subsec. (b) to increase fee from $300 to $500 and amended Subsec. (j) to provide for less than full payments from the fund in order to preserve its integrity if the commissioner determines that that is necessary; P.A. 90-96 made technical changes to Subsec. (c), increased the total compensation payable from the guaranty fund from $50,000 to $75,000 in Subsec. (g) and added new Subsecs. (l) and (m) re commissioner's power to prohibit health clubs from making payments to guaranty fund and re submission of guaranty bonds, relettering former Subsec. (l) as (n); P.A. 95-135 amended Subsec. (d) to delete thirty-day waiting period to file claim; P.A. 95-219 amended Subsec. (b) to reduce fee to $100 annually for certain health clubs operated primarily for teaching self-defense or martial arts; P.A. 02-82 amended Subsec. (e) to allow other proof of health club membership deemed suitable by commissioner to be included with application by buyer for payment from guaranty fund; 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. 24-142 deleted former Subsec. (f) re hearing and decision on application, added new Subsec. (f) setting forth new procedure for hearing, notice and order on application, amended Subsec. (l) by deleting requirement that Department of Consumer Protection mail notice to health club by certified mail addressed to health club's principal place of business, and made technical and conforming changes in Subsecs. (g) to (i), (k) and (l), effective June 6, 2024; P.A. 25-31 made a technical change in Subsecs. (k) and (l); P.A. 25-111 amended Subsec. (g) by increasing maximum amount of compensation for closing of single location from $75,000 to $125,000, and amended Subsec. (h) by establishing interest rate at 10 per cent per year, adding provision re deposit of funds in guaranty fund and making technical and conforming changes.
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