(1)
Definitions.
(a)
Merchandise. Any objects,
wares, goods, commodities, or any other tangible items offered, directly or
indirectly, to the public for sale.
(b)
Proof of Purchase. A
receipt, bill, credit card slip, or any other form of evidence which constitutes
reasonable proof of purchase.
(c)
Retail Mercantile Establishment.
Any place of business where merchandise is exposed or offered for sale at
retail to members of the consuming public.
(2)
Posting of Signs.
Every retail mercantile establishment shall conspicuously post its refund
policy as to all merchandise on a sign in at least one of the following
locations:
(a) Attached to the item itself; or
(b) Affixed to
each cash register or point of sale so situated as to
be
[579] clearly visible to the
buyer; or
(c) Posted at each store entrance used by the
public.
(3)
Content of Signs. Any sign required by subsection
9-619(2) to be posted in retail mercantile establishments, shall state whether
or not it is a policy of such establishment to give refunds and, if so, under
what conditions, including but not limited to whether a refund will be
given:
(a) on merchandise which has been advertised as "sale"
merchandise or marked "as is":
(b) on merchandise for which no proof of
purchase exists;
(c) at any time or not beyond a point in time
specified; or
(d) in cash, or as credit or store credit
only.
(4)
Exceptions.
(a) This section shall not apply
to sales of motor vehicles or perishables and incidentals to such perishables,
or to custom ordered, and/or custom finished merchandise, or merchandise not
returnable by
law.
[580] (b) The
provisions of this section shall not apply to any retail establishment that
maintains or adopts a policy of providing a cash refund for a cash purchase, or
providing a cash refund or issuing a credit for a credit purchase, which credit
is applied to the account originally debited for the purchase, when the return
of any of its unused and undamaged merchandise is made within twenty (20) days
of the purchase
date.
[581] (5)
Rules and
Regulations. The Department of Licenses and Inspections is hereby charged
with the enforcement of the provisions of this Section and is hereby authorized
to promulgate and enforce necessary rules and regulations consistent with the
provisions of this Section.
(6)
Penalties. Any person who
violates the provisions of this Section shall be subject to a fine or penalty
not less than fifty ($50.00) dollars nor more than three hundred ($300.00)
dollars, plus a minimum of fifty ($50.00) dollars for each day the violation
continues, and/or imprisonment not exceeding ninety (90) days.