§ 10-46. Closing-out sales, fire sales and defunct business sales; licenses; renewals; revocation

(a) It shall be unlawful for any person in this town to advertise or conduct any sale of any goods, wares or merchandise which is a "closing-out sale," a "sale of goods damaged by fire, smoke or water," or a "defunct business sale" as defined in W. Va. Code, § 47-11B-2, unless a town license is first obtained to conduct such sale, as provided in this section; provided, that this section shall not be construed to apply to or affect the following persons:

(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.

(2) Persons who are required to file an accounting with a court of competent jurisdiction.

(3) Persons acting in accordance with their powers and duties as public officers such as sheriffs, constables and police officers.

(4) Any publisher or employee of a newspaper, magazine or any operator or employee of a radio or television broadcasting station who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character or without knowledge that the provisions of this section or the provisions of W. Va. Code, ch. 47, art. 11B, are not being complied with.

(5) Persons conducting sales by and on behalf of licensed insurers.

(b) Any person desiring to conduct within the town a closing-out sale, fire sale or defunct business sale shall apply, in writing, to the recorder and shall, concurrently:

(1) Display to the recorder the state license required of him by W. Va. Code, § 47-11B-3;

(2) File with the recorder a copy of the inventory furnished by him to the state commissioner of labor; and

(3) Pay to the recorder a town license fee of $50.00.

The recorder shall make a record of such state license and the terms and conditions thereof, and if it appears to the recorder that such state license is currently valid, he shall issue to the applicant a similar town license.

(c) A license to conduct a sale issued pursuant to this section shall be good for no more than a period of 30 consecutive calendar days and may be renewed for one consecutive period not exceeding 30 consecutive calendar days upon the affidavit of the applicant that the goods listed in the copy of the inventory previously filed with the recorder have not been disposed of and that no new goods have been or will be added to the copy of the inventory previously filed pursuant to this section by purchase, acquisition on consignment, or otherwise. The application for renewal shall be made following renewal of the state license, which, as so renewed, shall be displayed to the recorder, who shall make a record thereof, and the applicant shall file with the recorder a copy of the new inventory furnished to the state commissioner of labor which shows the goods remaining on hand at the time application for renewal is made. Upon concurrent payment by the applicant to the recorder of a town license fee of $100.00 for renewal of the town license previously issued under this section, and if it appears to the recorder that the renewed state license is currently valid, he shall issue to the applicant a similar renewed town license. The applicant shall not be entitled to a refund of the fee paid if his application is refused, denied or revoked.

(d) The recorder may, on his own initiative, or shall, upon the written and verified complaint of any resident of this state, investigate any person licensed by him under the provisions of this section to determine if such licensee is violating or has violated any provision of W. Va. Code, ch. 47, art. 11B. The recorder shall immediately revoke such person's license if, after such investigation, he shall determine that:

(1) Any sale by the licensee is conducted in violation of any provision of the above-mentioned article;

(2) The licensee has made any material misstatement in his application for license;

(3) The licensee has failed to include in the inventory required by the provisions of this section the goods, wares or merchandise required to be contained in such inventory;

(4) The licensee has added or permitted to be added to the sale or offered or permitted to be offered at the sale any goods, wares or merchandise not described in the original application and inventory; or

(5) The licensee made or permitted to be made any false, misleading or deceptive statements in advertising the sale, whether written or oral, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.

(e) Immediately upon the revocation of a license issued under this section, the recorder shall notify the state commissioner of labor and the town attorney of his action.

(Code 1979, § 12-21)

refstatelaw

For state law as to closing-out sales, fire sales and defunct business sales, see W. Va. Code, § 47-11B-1 et seq.