Connecticut Administrative Code › Title 21a - Consumer Protection › 235 - Bedding and Upholstered Furniture › Section 21a-235-4 - License requirements

Current through July 10, 2024
(a)
Annual
			 license.
No person shall sell or offer for sale or manufacture for sale,
			 in the state of Connecticut, any article of bedding or upholstered furniture or
			 filling material unless such person is licensed with the department and has
			 been assigned a registry number and such license is valid at the time such
			 article is sold or offered for sale in Connecticut. A license shall be valid,
			 unless suspended or revoked in the interim, for a period of twelve months
			 beginning on October first of one year and ending on September thirtieth of the
			 following year. In the instance of a new licensee or licensees who are changing
			 to a different classification or type of license, a license may be issued and
			 registry number assigned during any quarterly period beginning on January
			 first, April first or July first, and such license shall be valid, unless
			 suspended or revoked, until the thirtieth day of September next following date
			 of issue, and in such cases the fee for the license shall be prorated from the
			 first day of the quarter in which it is issued to September thirtieth next
			 following. All licenses expire on September thirtieth next following the date
			 of issue, and the assigned registry number shall be withdrawn unless the
			 license has been renewed prior to the expiration date. Except as otherwise
			 provided in these regulations, all articles offered for sale by the licensee or
			 in behalf of the licensee subsequent to the expiration date of a license shall
			 be ordered "off sale" and the vendor shall be considered in violation. A
			 license shall be valid only for the period specified on the license certificate
			 and in no case shall a license become effective prior to the date upon which
			 the application is approved by the department. Annual license fees shall be
			 payable in advance with the application for the full year's period. In the
			 cases of prorated licenses, the fee shall be payable in advance from the
			 beginning of the quarter in which the license is effective to September
			 thirtieth next following the date of issue. License fees cannot be prorated if
			 the licensee has been issued a license for any part of the previous license
			 year. No rebate of license fees shall be made in the event a license is
			 revoked, suspended or voluntarily returned subsequent to its issue, and only in
			 instances of error on the part of the department shall a licensee be entitled
			 to refund of a license fee. The annual fees for licenses shall be as follows:
			 Manufacturer, fifty dollars; supply dealer, fifty dollars; renovator,
			 twenty-five dollars; and second-hand dealer, twenty-five dollars.
(b)
Transferability.
Each
			 license and the registry number assigned thereto by the commissioner is valid
			 for use only by the person to whom it is issued and is not transferable. The
			 misuse of any license or any registration number or the use of such license or
			 registry number by anyone other than the person to whom it was issued shall be
			 considered a violation and, after a hearing, the license may be cancelled and
			 the registry number revoked. It shall be the responsibility of each person to
			 take adequate precautions against the misuse of any license or registry number
			 issued in his behalf.
(c)
Application for license.
Each person who intends to sell or
			 manufacture for sale in Connecticut any article of bedding, upholstered
			 furniture or filling material shall apply to the commissioner for a license on
			 application forms to be provided by the commissioner. The applicant may request
			 that the registry number issued by a cooperating state be issued to him as a
			 Connecticut registry number, for use as a uniform registry number, but the
			 granting of such request shall be at the discretion of the commissioner. Each
			 application for a license shall be complete and shall be signed and the
			 accuracy of the statements in the application attested by the person to whom
			 the license is to be issued, or the principal executive when the license is to
			 be issued in the name of a firm, partnership, corporation, organization or
			 association. The application, when forwarded to the department, shall be
			 accompanied by cash, check or money order, payable to the Connecticut labor
			 department, for the established fee for one full license year, or for the
			 prorated fee, if applicable. Inaccurate or misleading statements on any
			 application shall be sufficient cause to refuse a license, or, if such license
			 has been issued, shall be sufficient cause to suspend such license and withdraw
			 the registry number. If it is determined after a hearing that the misstatements
			 were deliberate, the license and registry number may be revoked for the balance
			 of the license period. The commissioner may refuse to license and issue a
			 registry number to any person when, in his opinion and after a hearing, such
			 license and the issue of a registry number could result in danger to the life,
			 health, comfort or economic well-being of the people with whom such person may
			 have contact.
(d)
Registry
			 number.
Upon approval of any application for a license the commissioner
			 shall assign a Connecticut registry number and such number shall appear on all
			 tags required under the provisions of sections
			 21a-231
			 to
			 21a-236,
			 inclusive, of the general statutes and regulations issued under authority
			 thereof. The commissioner may issue, as a Connecticut registry number, the
			 number which has been assigned to the person by any other state having similar
			 standards for the inspection, manufacture and sale of bedding and upholstered
			 furniture and filling material where such number is to be used as a uniform
			 registry number, if such state grants to Connecticut manufacturers the same
			 privilege reciprocally. A Connecticut registry number is not transferable and
			 its use by any unauthorized person shall be deemed a violation of statute, and
			 such person shall be liable for prosecution. Licensees who intend to continue
			 operations in Connecticut shall apply for a license in advance of the
			 expiration date of each annual license if they desire the same Connecticut
			 registry number.
(e)
Manufacturer's license.
Each person who manufactures for sale in
			 Connecticut or for consignment or delivery in consignment any article of
			 bedding or upholstered furniture or filling material shall first secure a
			 license with the department as a manufacturer and shall have issued to him a
			 manufacturer's license certificate and registry number. The person so licensed
			 may manufacture for sale, at wholesale or retail, articles of bedding and
			 upholstered furniture or filling materials subject to the laws and regulations
			 relating to such manufacture and to such sale during the period for which the
			 license is valid, and shall affix to such articles a tag upon which shall
			 appear the registry number assigned by the commissioner and such other
			 information as may be required. A licensed manufacturer may also sell, at
			 wholesale or retail, articles manufactured by others than himself, including
			 filling material, and may remake or renovate such articles provided each such
			 article shall be properly tagged and such tags shall bear a valid registry
			 number and otherwise conform with the laws and regulations governing the sale
			 of bedding and upholstered furniture and filling materials in
			 Connecticut.
(f)
Supply
			 dealer.
Each person who sells, or offers for sale in Connecticut, or
			 consigns or delivers in consignment for such purpose, filling material, whether
			 processed or unprocessed, or who prepares or processes filling material in bulk
			 intended for sale in the manufacture of articles of bedding and upholstered
			 furniture, shall first apply for a license as a supply dealer and shall have
			 issued to him a supply dealer's license certificate and registry number,
			 provided such person is not actively licensed as a manufacturer. The person
			 issued a supply dealer's license may, while such license is valid, sell, offer
			 for sale or consign for the purpose of sale filling materials for the use in
			 the manufacture of articles of bedding and upholstered furniture subject to the
			 provisions of statutes relating to the sale of bedding and upholstered
			 furniture and filling materials and regulations issued under the authority
			 thereof, and shall affix thereto a tag bearing the registry number assigned to
			 such license. The provisions of this regulation apply to jobbers and agents,
			 unless the principal for whom they act is properly licensed and the material
			 sold or offered for sale is properly tagged and otherwise conforms to all of
			 the provisions of appropriate statutes and regulations.
(g)
Renovator.
Each person who
			 remakes, renovates or repairs any article of bedding or upholstered furniture
			 or a part thereof, unless he holds an active manufacturer's license, shall
			 first apply for a license with the department and have issued to him a
			 renovator's license certificate and a registry number. The person so licensed
			 may then remake, renovate or repair articles of bedding and upholstered
			 furniture for customers requiring such work to be done, provided he shall affix
			 thereto a yellow tag bearing the assigned registry number and such other
			 information as may be required by law or regulation. Licensed renovators may
			 offer for sale secondhand articles of bedding, upholstered furniture or filling
			 materials, provided they shall affix thereto a yellow tag bearing the assigned
			 registry number and other such information as is required by law or regulation
			 relating to the sale of second-hand articles. The registry number assigned to a
			 renovator may not be used on any but yellow tags nor shall such licensed
			 renovator manufacture or offer for sale any article as new unless such article
			 bears an approved tag upon which shall appear the registry number of a properly
			 licensed manufacturer or supply dealer.
(h)
Second-hand dealer.
Each
			 person who sells or offers for sale any secondhand article of bedding,
			 upholstered furniture or filling material or part thereof shall first apply for
			 a license with the department and have issued to him a second-hand dealer's
			 license certificate and registry number unless such person is actively licensed
			 as a manufacturer or renovator. A person so licensed shall affix to second-hand
			 articles of bedding and upholstered furniture, a yellow tag on which shall
			 appear the words "second-hand" and on which shall also appear the registry
			 number assigned to the licensee and such other information as may be required
			 and may offer such articles for sale, provided each shall conform to the laws
			 and regulations relating to the sale of second-hand articles of bedding and
			 upholstered furniture in Connecticut. A second-hand dealer's license shall not
			 authorize the manufacture, renovation or repair of any article of bedding and
			 upholstered furniture nor shall such licensee offer for sale as new any such
			 article unless the articles shall be tagged with a proper tag bearing the
			 registry number of the manufacturer or supply dealer. The registry number
			 assigned to a second-hand dealer shall not be used on any except a yellow tag
			 upon which shall also appear the words "second-hand." This section shall not
			 apply to articles sold at public auction, to the sale of antique furniture as
			 herein defined or to the private sale from the home of the owner direct to the
			 purchaser.
(i)
Suspension or
			 revocation of license.
When, in the opinion of the commissioner, any
			 licensee is in violation of any provision of sections
			 21a-231
			 to
			 21a-236,
			 inclusive, of the general statutes, or any regulations issued under the
			 authority thereof, he may summon the licensee to a hearing at which such
			 licensee shall show cause why his license shall not be revoked for the balance
			 of the license period. The failure of a licensee to appear at a hearing, after
			 receiving notice of such hearing, shall be considered sufficient cause for
			 revocation of his license and the licensee shall be immediately notified of
			 this action. In any case where a license is suspended or revoked, all articles
			 of bedding or upholstered furniture or filling materials bearing the registry
			 number of such licensee shall be ordered "off sale" pending determination by
			 the commissioner as to which, if any, of such articles may be legally sold and
			 permission given to offer such articles for sale.
(j)
Exceptions.
The foregoing
			 rules regarding licensing shall not apply to retail dealers in articles of
			 bedding and upholstered furniture or to persons acting as agents in the sale of
			 such articles, provided every article sold or offered for sale by such dealer
			 or such agent shall be otherwise in full compliance with the statutes relating
			 to the sale of bedding and upholstered furniture and the regulations issued
			 under the authority thereof. Any dealer or agent offering for sale any articles
			 not properly tagged by a licensed manufacturer, supply dealer, renovator or
			 second-hand dealer shall be deemed in violation of the provisions of statute
			 and subject to prosecution as provided in section
			 21a-236
			 of the general statutes, except that articles in the hands of dealers or in
			 transit to them before the date on which the license of the manufacturer or
			 supply dealer becomes invalid for any reason may be legally offered for sale
			 after that date, provided evidence can be furnished and verified to
			 substantiate the date of delivery or shipment.
(See G.S. §
									21a-234.)