(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[580] 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.[581]

(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.[582]

(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.