[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 16 of the 1975 Village of
Dundee Municipal Code. Section 105-8 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. II. Other amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 97.
It shall be unlawful for any person to advertise or conduct
any sale of goods, wares or merchandise, at retail or at auction that
is represented as a bankrupt, insolvent, assignee, adjusters',
trustees', executors', administrators', receivers',
wholesalers', jobbers', manufacturers', closing-out,
liquidation, closing-stock, smoke-, fire- or water-damage sale or
any other sale which is by representation or advertisement intended
to lead the public to believe that the person conducting such sale
is selling out or closing out the goods, wares or merchandise of any
business for less than the current or going retail price thereof in
the village without first filing with the licensing officer the inventory
hereinafter provided for and obtaining from him a license so to do,
to be known as a "closing-out-sale license."
The provisions of this chapter shall not be applicable to trustees
in bankruptcy, executors, administrators, receivers as such or officers
acting under judicial process; nor to a sale conducted by a going
concern as a reduction of merchandise sale or a seasonal sale or a
special offering of merchandise.
A closing-out-sale license shall be issued only to the real
party or parties in interest as owner.
The fee for such license shall be and the same is hereby fixed
at $50 for a period of 30 consecutive days to be specified in such
license; and, for any extension of time, a new license shall be obtained
for each thirty-day period on similar application and filing a new
inventory similarly verified.
The inventory required by § 105-1 shall contain a complete and accurate list of the stock or goods, wares and merchandise to be sold at any sale for which a license is hereby required, together with the wholesale price thereof, which inventory or list shall be executed and verified before a notary public by the person seeking the license or by an authorized resident agent thereunto.
A.
Verifying inventory and sales. The licensing officer may in his discretion
verify the details of any inventory filed for the purpose of obtaining
a closing-out-sale license, or he may make a check and verify the
items of merchandise sold during the sale.
B.
Cooperation required. It shall be unlawful for any person to whom
a closing-out-sale license has been issued to fail or refuse to give
the licensing officer or any person designated by him for that purpose
all the facts connected with the stock on hand or the proper information
of goods sold or any other information that he may require in order
to make a thorough investigation.
It shall be unlawful to sell, offer or expose for sale at any
such sale, or to list on such inventory, any goods, wares or merchandise
which are not the regular stock of the store or stores, the business
of which is to be closed out by such sale, or to make any replenishments
or additions to such stock for the purpose of such sale or during
the time thereof, or to fail, neglect or refuse to keep accurate records
of the articles or things sold, from which records the licensing officer
may ascertain the kind and quantity or number sold.
