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a. The commissioner may suspend or revoke the license of any warehouse operator who is found to have committed five or more violations of this subchapter within a two year period.
b. In addition to any penalties or remedies provided for in chapter one of this title, a storage warehouse operator who shall violate or fail to comply with any provisions of this subchapter or who fails, omits or neglects to obey, observe or comply with any order, rule, direction, demand or requirement of the department or who shall fail to maintain and comply with the schedule of rates and charges filed shall be subject to a penalty not to exceed the sum of one thousand dollars for each and every offense. Every violation of any such order, rule, direction, demand or requirement of the department, or of any provision of this subchapter, shall be a separate and distinct offense and in case of a continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.
c. Any person who is not a licensed warehouse operator under the provisions of this subchapter who shall operate a warehouse shall be subject to a penalty of one thousand dollars for each day of operation without a license.
d. Any person who is not a licensed warehouse operator who shall advertise, represent in any manner, or claim to operate a storage warehouse shall be subject to a penalty of one thousand dollars.
e. Any person who shall willfully make any false entry in the accounts or in any record or memorandum kept by a storage warehouse operator, who shall willfully destroy or falsify a record of any such account, record, or memorandum, or who shall willfully neglect or fail to make full, true or correct entries in such accounts, records, or memoranda of all facts and transactions pertaining to the business of the warehouse operator or shall keep any accounts or records with the intent to evade the provisions of this subchapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or imprisonment of not more than thirty days, or by both such fine and imprisonment.
Subchapter 29: Electronics Stores
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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