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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.
a. The civil penalties imposed pursuant to this section shall be in addition to any other sanctions and orders which may be imposed by the commissioner pursuant to this title including but not limited to such sanctions and orders which may be imposed pursuant to section 20-105 of this code.
b. Notwithstanding the provisions of subdivisions a and b of section 20-106 and except as provided in paragraph 3 of subdivision b of section 20-485.5, any person who violates any provision of this subchapter or any rules promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for the first violation, three hundred dollars for the second violation and five hundred dollars for the third and any subsequent violation, to be recovered in a civil action; except that a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision a 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 a 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. Notwithstanding any other provision of this section, a person shall be subject to a civil penalty of zero dollars for a first violation of subdivision c of section 20-485.5 of this subchapter or any rule or regulation promulgated thereunder. The notice of violation for such first-time violation shall inform the respondent of the provision of law or rule that the department believes the respondent has violated, describe the condition or activity that is the basis for the notice of violation, and advise the respondent that the law authorizes civil penalties for such violation and that subsequent violations may result in the imposition of such civil penalties. Any person who violates subdivision c of section 20-485.5 or any rule or regulation promulgated thereunder shall be subject to a civil penalty of one hundred seventy-five dollars for a second violation and a civil penalty of three hundred dollars for a third or subsequent violation.
(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.
The provisions of this subchapter shall not apply to:
a. any store which uses less than twenty percent of this display space, as measured by linear feet and not square feet, for the display of electronic goods; or
b. any store that displays fewer than thirty items that are electronic goods in its display space.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
The authority and power of the commissioner pursuant to this subchapter and chapter one of this title shall extend to all sales and advertising activities of an electronics store and shall not be limited to sales and advertising activities relating to the merchandise described in paragraph b of section 20-484 of this subchapter or to merchandise described in any rules of the commissioner promulgated under this sub- chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1992/038.
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