2025 Connecticut General Statutes
Title 21 - Licenses
Chapter 407a - Closing-Out Sales
Section 21-35b. - State license. Fee. Application. Documentation to be made available for inspection by commissioner. License number and termination date to be displayed in advertisements. License to be posted at point of sale.
(a) No person shall advertise, offer for sale or sell a stock of goods, wares or merchandise as part of a closing-out sale unless such person has obtained from the Commissioner of Consumer Protection a state closing-out sale license authorizing such sale for each location at which such sale is to be conducted.
(b) Each person desiring to conduct a closing-out sale shall pay to the Commissioner of Consumer Protection a state closing-out sale license fee in the amount of one hundred dollars and the commissioner shall issue to the applicant a state closing-out sale license, authorizing the licensee to advertise and conduct a closing-out sale consistent with that requested in the application.
(c) Each person applying for a state closing-out sale license shall make an application for such license in a form and manner prescribed by the Commissioner of Consumer Protection. Such application shall be in writing and include the opening and terminating dates of the proposed closing-out sale and an attestation by the applicant that such applicant is not delinquent in payment of any taxes due and owing to this state or any political subdivision of this state. No state closing-out sale license shall be issued unless the application is submitted to the Department of Consumer Protection at least five days prior to the requested commencement date of the closing-out sale. Any applicant who uses the services of a promoter, as defined in section 21-35a, for a closing-out sale shall include in the application the name and license number for each such promoter. The commissioner may, by regulation, request such other information to be submitted by the applicant as he deems necessary.
(d) All documentation concerning the goods, wares and merchandise to be included in such closing-out sale, including but not limited to purchase orders and delivery statements, shall be made available by the licensee for inspection by an authorized representative of the Commissioner of Consumer Protection during regular business hours.
(e) Each person holding a state closing-out sale license shall (1) include the state closing-out sale license number in any advertisement, together with clear and conspicuous disclosure of the termination date of such state closing-out sale license, and (2) post such state closing-out sale license in a conspicuous location at the point of sale.
(P.A. 76-281, S. 2; P.A. 91-163, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 25-111, S. 14.)
History: P.A. 91-163 amended Subsec. (a) to require that a license be obtained for each location at which a sale is to be conducted, amended Subsec. (c) to require that sales be conducted “in the manner prescribed by the commissioner”, to provide that no license be issued unless the application has been submitted at least five days before the start of the closing-out sale, that any applicant who uses a promoter is required to include with the application a copy of the agreement between the applicant and the promoter and to provide that the commissioner could request more information to be submitted and added new Subsec. (e) requiring that documentation concerning the merchandise to be included in the sale be made available for inspection by the commissioner and new Subsec. (f) requiring that licensees include the license number and termination date in any advertisement and post the license at the point of sale; 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. 25-111 substantially amended section including Subsec. (b) by replacing provision re deposit with provision re fee, Subsec. (c) by deleting provision re inventory, adding provision re attestation that applicant is not delinquent in payment of taxes and replacing provision re disclosure of contract with promoter with provision re disclosure of name and license number of promoter, deleting former Subsec. (d) re monthly report by licensee, redesignating existing Subsecs. (e) and (f) as Subsecs. (d) and (e), and making technical and conforming changes throughout section, effective June 24, 2025.
