Loading...
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.
No license issued under this subchapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
a. Posting of information. Every person holding a license to maintain or operate an electronics store shall conspicuously post such license.
b. Display of selling price.
1. All merchandise sold, exposed for sale or offered for sale at retail in a store licensed under this subchapter shall have conspicuously displayed, at the point of exposure or offering for sale, the total selling price exclusive of tax by means of a stamp, tag or label attached to the item, or a sign at the point of display which indicates the item to which the price refers; provided that this information is plainly visible, without the assistance of store personnel.
2. This subdivision shall not apply to merchandise displayed in the window of the electronics store.
3. Notwithstanding the provisions of section 20-485.6 of this subchapter, the civil penalties imposed for a violation of this subdivision shall be those provided for violations of section 20-708 of this title; except that a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision b of section 20-485.5 of this subchapter or any rule or regulation promulgated thereunder, if such person proves to the satisfaction of the department, within thirty days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 20-485.5 of this subchapter or any rule or regulation promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the department's administrative tribunal, of the determination that the person has not submitted proof of a cure within fifteen days of receiving written notification of such determination.
c. Receipts. Receipts must be provided for any retail purchase if the amount of the purchase is twenty dollars or more. Receipts must be provided on request for any retail purchase if the amount of the purchase is between five and twenty dollars. Such receipts shall contain:
1. the amount of money paid for each item;
2. the total amount of money paid including a separate statement of tax;
3. the date of the purchase;
4. the name and address of the electronics store as listed on the license;
5. the license number of the licensee; and
6. a full description of each item purchased, including the type, color, size; the style or model number and year; and the brand name and manufacturer's name.
d. Records. Every person licensed to maintain or operate an electronics store shall maintain records, ledgers, receipts, bills and such other written records as the commissioner may prescribe by rule. Such records shall be made available for inspection by the commissioner at his or her request at either the licensee's place of business or at the offices of the department.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038 and L.L. 2021/080.
Loading...