OLR Bill Analysis

sSB 514

AN ACT CONCERNING THE SALE OF GOODS OBTAINED FROM NONLICENSED VENDORS OR WHOLESALERS.

SUMMARY:

This bill requires a person purchasing goods from a nonlicensed vendor or wholesaler to maintain a recordkeeping system updated upon receipt of goods if the goods are to be resold (1) via the Internet as a business or (2) to the public from a physical location. A “nonlicensed vendor or wholesaler” includes a person or entity not holding a state or municipal license or permit to sell such goods.

Upon receipt of goods, the person must record (1) a description of the goods; (2) the name and residential or business address of the individual from whom the goods were received; and (3) the year, day, and hour of receipt. The recordkeeping system must be in English.

The bill allows state police officers or municipal police officers in the municipality where the business or physical location is located to examine at any time the (1) records, (2) place of business, (3) physical location open to the public, and (4) goods. Officers may require proof of identity. The bill does not specify what documents establish proof of identity.

A first violation of these provisions is an infraction. A second or subsequent violation within two years is a class A misdemeanor.

EFFECTIVE DATE: October 1, 2009

BACKGROUND

Penalties for Class A Misdemeanors

A class A misdemeanor is punishable by up to one year in prison, a $ 2,000 fine, or both.

Infractions

Infractions are punishable by fines, usually set by Superior Court judges, of between $ 35 and $ 90, plus a $ 20 or $ 35 surcharge and an additional fee based on the amount of the fine. There may be other added charges depending on the type of infraction.

COMMITTEE ACTION

General Law Committee

Joint Favorable Substitute