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Closing forever or forever closing?
By adamg on Mon, 04/14/2008 - 11:21pm
For a store that's been "liquidating to the bare walls" since September, Jax on Corinth Street in Roslindale Square sure is awfully full of merchandise. In fact, they keep changing their "CLOSING FOREVER" signs to showcase the new stuff they have on sale.
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Comments
Isn't there a state law
about how long a Going Out of Business Sale is allowed to last?
Yeah, there's definitely an
Yeah, there's definitely an anti-fraud law on the books about that. Ask Dean from Dean's Home Furniture. Can you get away with prolonged phony liquidation sales? (all together now...)
I doubt it!
There's a Christmas tree
There's a Christmas tree still lit up near Kelly Field in Hyde Park.
Jax in Central Square,
Jax in Central Square, Cambridge actually did go out of business several years ago.
For a while.
Then they came back, and so far show no signs of going away again.
Mass General Laws Chap 93: Sec 28A. Removal or termination sales
Chapter 93: Section 28A. Removal or termination sales
has many provisions that Jax appears to be violating, such as:
(5) No person shall conduct a removal or termination sale if the owner, or partnership or corporation with which he is associated in such business, has conducted a removal sale at the same location within two years prior to the date of the subsequent sale or has conducted a termination sale at the same location or elsewhere in the commonwealth within two years prior to the date of the subsequent sale.
(6) No person shall conduct a removal sale if any means have been established by the owner for continuation of the business at the same location at the conclusion of such sale.
(7) No person shall conduct a termination sale if any means have been established by the owner for continuation of the business by the same owner, directly or indirectly, by partnership, corporation or otherwise under the same name or under a different name, at the same location, or elsewhere within the commonwealth.
(8) No person shall conduct a removal or termination sale for a period of more than sixty days from the opening of such sale.
(9) No person shall advertise a removal or termination sale without prominently stating the final date of said sale ...
There are also provisions requiring the merchant to file an inventory with the city listing everything to be sold, and prohibiting the merchant from adding merchandise during the sale.
JAX
So...it sounds like they might not being actually going out of business? Anyone know whether they own that building or whether they lease it?
defintion of removal and termination sale, from the same law
“Removal sale” shall include any sale by any person of a stock of goods, wares, or merchandise under the designation of “lost our lease”, “must vacate”, “forced out”, or any designation signifying cessation of the business by such person only at the sale location.
"Termination sale” shall include any sale by any person of a stock of goods, wares, or merchandise under the designation of “closing out”, “going out of business”, “discontinuing business”, “selling out”, “retirement sale”, or any designation signifying cessation of business by such person at all locations within the commonwealth, provided that a seller may use the words “manufacturer’s closeout” where there has been an actual discontinuance by a manufacturer of a model or line of merchandise and where a seller is not otherwise engaged in a removal or termination sale.