[Ord. No. 132,
§ 1, 5-5-2008]
This article may be known and cited as the "Chesterfield Township
Going Out of Business Ordinance."
[Ord. No. 132,
§ 2, 5-5-2008]
The purpose of this article is to protect providing regulations
for the prohibition of businesses conducting any going out of business
sales, liquidation sales, lost our lease sale, and forced to vacate
sale.
[Ord. No. 132,
§ 3, 5-5-2008]
This article is adopted in accordance with and pursuant to MCL
442.211 et seq.
[Ord. No. 132,
§ 4, 5-5-2008]
As used in this article,
(1)
"Township board" shall mean the Chesterfield Township Board of Trustees;
(2)
"Township clerk" shall mean the duly elected and qualified Clerk
of the Township of Chesterfield, or employees of the clerk's
staff appointed by the clerk to administer this article;
(4)
No business may advertise for or conduct a GOB sale unless he/she
first obtains a license to conduct the sale from clerk of the Charter
Township of Chesterfield in which the sale will be held.
(5)
No person conducting a GOB sale may not add additional goods to the
inventory described on the application.
(6)
No person contemplating a GOB sale may not order goods for the purpose
of selling them at such sale. Any unusual purchases and additions
to the stock of goods within 60 days before the filing of the application
shall be presumptive evidence that the new goods were made for the
purpose of selling them at the sale.
(7)
Any person contemplating a GOB sale must provide an inventoried list
and description in the application for such license.
(8)
Any removal of goods so inventoried and described in the application
shall cause the goods to lose their identity as an insurance, bankrupt,
mortgaged, insolvent's, assignee's, executor's, administrator's,
receiver's, or trustee's stock of goods, or a stock of goods
being removed or closed out, or a stock of goods damaged by fire,
smoke, or water, and no license shall be issued for the conducting
of a sale of any of such goods removed from the place described in
the application.
(9)
License will be a $50 fee for a license or a renewal. The clerk may
issue a license for up to 30 days for the sale of the inventoried
goods at the specified premises. The licensee may apply for up to
two renewals of 30 days each. The license must be attached to the
front door of the premises where the sale is and a copy of the application
and inventory must be posted. If for any reason goods are added to
the stock beyond those inventoried in the application the license
shall be void.
[Ord. No. 132,
§ 5, 5-5-2008]
It shall be unlawful from and after the effective date of the
ordinance from which this article derives for any person to engage
in "Going Out of Business" sales without having first secured a license
therefore issued by the township clerk. All licenses shall be valid
for the intended period of a GOB sale. The township clerk shall indorse
on the application the date the license is granted or refused and
the application shall be prima facie evidence of all statements therein
contained. The GOB act allows the city, village or township to require
a $50 fee for a license or its renewal.
[Ord. No. 132,
§ 6, 5-5-2008]
Any person who advertises, represents or holds out any sale
of goods to be an insurance, bankrupt, mortgage, insolvent, assignee's,
executor's, administrators, receiver's, trustee's removal
or going out of business sale, or a sale of goods damaged by fire,
water, smoke or otherwise, without having first complied with the
provisions of this act is guilty of a misdemeanor and shall be fined
in a sum not less than $100 nor more than $500 or shall be imprisoned
in the county jail for not less than 10 days and not more than six
months, or both.
