[CC 1976 §23-1; Ord. No. 759 §1, 1-8-1962]
For the purposes of this Chapter, the following words shall
have the meanings given herein:
Shall include any and all means of conveying to the public
notice of a sale, whether by word of mouth, newspaper, magazine, periodical,
handbill, written notice, printed display, poster, billboard, radio
and television announcement and any and all other means.
Shall be understood to mean and include any goods, wares,
merchandise or other property capable of being the object of a sale
regulated hereunder.
A license issued pursuant to this Chapter.
Any person to whom a license has been issued pursuant to
this Chapter.
As used herein shall be understood to mean and include:
The sale, or offer to sell, by any person to the public of goods
in stock, on order, or in transit, with a declared advertised purpose
that such sale is anticipatory to the termination, closing, liquidation,
revision, windup, discontinuance, conclusion or abandonment of the
business, or any part thereof, or any line of goods, or any one (1)
store of a group of stores in connection with such sale, and it shall
include any and all sales advertised in such manner as to reasonably
convey to the public the impression that upon the disposal of the
goods advertised, or on hand, the business will permanently cease
and be discontinued; and
The sale, or offer to sell, by any person to the public of goods
in stock, on order, or in transit, with a declared advertised purpose
that such sale is anticipatory to the temporary discontinuance of
the business for the purpose of alterations or remodeling of the premises,
or for the purpose of moving to another specific location in the City
or in the immediate vicinity of the City; and
The sale, or offer to sell, by any person to the public, of
goods so advertised as to reasonably convey to the public that such
goods are damaged or altered by fire, smoke, water, hurricane, flood,
explosion or other means; and
The sale, or offer to sell, by any person to the public, of
goods advertised in such a manner as to reasonably cause the public
to believe that the goods to be sold, or any part thereof, have been
involved in any business failure, or have been derived from a business
which has failed, been closed, discontinued or liquidated, or where
such advertising indicates a business failure or emergency affecting
the seller or any previous holder of the goods to be sold.
[CC 1976 §23-2; Ord. No. 759 §24, 1-8-1962]
[CC 1976 §23-3; Ord. No. 759 §21, 1-8-1962]
Provisions of this Chapter shall not apply to sales advertised
as anticipatory of closing for vacation or the summer, of discontinuing
business for vacation or the summer, except that, in no event, shall
such sales exceed a period of time longer than thirty (30) consecutive
days, Sundays and legal holidays included, in any one (1) year after
such sale is first advertised or commenced. It shall be unlawful to
conduct such sale in violation of this Section and for the purpose
of this Section failure of the person so advertising or conducting
such sale to close the business immediately after expiration of such
period of time for a period of at least fourteen (14) consecutive
days, Sundays and legal holidays included, shall be prima facie evidence
of the intent of such person to mislead or defraud the public.
[CC 1976 §23-4; Ord. No. 759 §2, 1-8-1962]
No person shall advertise or conduct a sale as herein defined
without first obtaining a license therefor from the City Clerk and
Collector in the manner hereinafter provided.
[CC 1976 §23-5; Ord. No. 759 §3, 1-8-1962]
A.
No
license provided for hereunder shall be granted except upon written
application, upon forms provided, to the City Clerk and Collector
and such application shall be signed and verified before a person
authorized to administer oaths by the person who intends to conduct
such a sale. Such application shall be submitted to the City Clerk
and Collector at least five (5) days prior to the advertising, or
conducting of such a sale, and each application shall set forth and
contain the following:
1.
The name and address of the owner of the goods to be sold and, if
the owner is a corporation, the name, address and title of at least
one (1) officer of the said corporation.
2.
A description of the place where such sale is to be held.
3.
The nature of the occupancy, whether by lease, sublease, or otherwise,
and the date of the beginning of such occupancy and the date of the
termination thereof.
4.
The means to be employed in advertising such sale, together with
the proposed language content of any advertisement to be used for
such sale.
5.
A complete and detailed inventory of all goods to be sold, or offered
for sale, including all goods then in stock, on order, or in transit,
and the cost and retail price of such goods.
6.
The place, or places, where such goods were purchased or acquired
and, if not purchased, the manner of such acquisition.
7.
A statement by applicant that, upon receipt of license for a sale, as defined under Section 620.010 hereof, said applicant will immediately surrender any existing occupational licenses for such business for cancellation without refund of the fee, or any portion thereof, paid for such occupational license.
8.
A statement by applicant that representations made therein are bona fide. If application is made for a sale as defined in Section 620.010 hereof, such application shall set forth and contain a statement that if such license is issued by the City Clerk and Collector, acting in reliance on said representations, applicant will not, directly or indirectly, engage in the same business, or any similar business under the same trade name, or a similar trade name, in the City for a period of two (2) years from date of said application and shall not engage in the same business, or similar business, under any name at said licensed premises for a period of two (2) years from date of said application.
9.
Any additional information relating to such sale as the City Clerk
and Collector may deem necessary.
[CC 1976 §23-6; Ord. No. 759 §4, 1-8-1962]
No person shall knowingly falsify or misrepresent any information or representations made in the license application provided for in Section 620.050 hereof.
[CC 1976 §23-7; Ord. No. 759 §5, 1-8-1962]
Upon receipt of such application and payment of the fee prescribed by Section 620.100 hereof, the City Clerk and Collector shall cause the same to be investigated. If, after such investigation, the City Clerk and Collector are satisfied as to the truth of statements contained in said application, and as to the form and language content of the proposed advertising matter, he/she may, in his/her discretion, issue a license permitting the advertising and conduct of such sale for a period of not more than thirty (30) consecutive days, Sundays and legal holidays included, following the issuance thereof, provided that, in addition, for a sale as defined in Section 620.010 hereof applicant shall surrender all occupational licenses held for said business as a prerequisite to issuance of such license.
[CC 1976 §23-8; Ord. No. 759 §7, 1-8-1962]
A.
The City Clerk and Collector shall not issue the license provided for in Section 620.070 hereof, if any one (1) or more of the following facts or circumstances are found:
1.
The applicant was granted a "license for a sale" as defined herein within two (2) years preceding the date of the
filing of the application.
2.
Applicant has heretofore been convicted of violation of this Chapter,
or has had a license issued to him/her pursuant to this Chapter revoked
within a five (5) year period immediately preceding the date of filing
of application.
3.
The inventory includes goods purchased by the applicant, or added
to the stock, in contemplation of such sale and for the purpose of
selling the same at such a sale. For the purpose of this Subsection,
any unusual addition to the stock of goods made within sixty (60)
days prior to the filing of such application shall be prima facie
evidence that such addition was made in contemplation of such sale
and for the purpose of selling the same at such sale.
4.
Applicant in ticketing, pricing or marking of the goods to be offered
for sale has misrepresented the retail price as listed in the inventory
required under Section 620.050(5) hereof, or the value thereof, or
the quality, kind or quantity of such goods, or the country of origin
of said goods.
5.
Any lease or sublease held by an applicant was formerly held by a corporation of which the applicant was an officer, director or stockholder, or by any member of the applicant's immediate family, and was granted a license provided for in Section 620.070 hereof within two (2) years preceding the date of the filing of the application.
6.
Any representation made in the application is false.
[CC 1976 §23-9; Ord. No. 759 §8, 1-8-1962]
A.
The
City Clerk and Collector may renew a license granted hereunder for
one (1) period of time only, such period to be in addition to the
thirty (30) days permitted in the original license and not to exceed
fifteen (15) consecutive days, Sundays and legal holidays included,
when he/she finds, upon submission to him/her of an application on
forms provided, and payment of the fee hereafter provided for, that:
1.
Goods inventoried in the original application have not been disposed
of and that facts exist justifying license renewal.
2.
Applicant has submitted with the application a revised inventory
showing the items listed on the original inventory which remain unsold
and that such application does not list goods not included in the
original inventory. For the purposes of this Subsection, any application
for a license which covers any goods previously inventoried, as required
by this Chapter, shall be deemed an application for renewal, whether
presented by the original applicant or by any other person.
[CC 1976 §23-10; Ord. No. 759 §9, 1-8-1962]
Applicants for an original license, or a renewal, shall pay
to the City Clerk and Collector twenty-five dollars ($25.00) upon
filing of each such application as a fee to defray the cost of investigating
statements contained in such application, and no part of said fee
shall be refundable.
[CC 1976 §23-11; Ord. No. 759 §6, 1-8-1962]
The license provided for herein shall not be assignable or transferable
and no person shall assign or transfer, or attempt to assign or transfer,
such license, for value or otherwise.
[CC 1976 §23-12; Ord. No. 759 §10, 1-8-1962]
Upon commencement and throughout the duration of any sale, the
original license, or renewal, shall be prominently posted, so as to
be visible to the public, near the entrance to the premises where
such sale is advertised or conducted, and no person shall advertise
or cause to be advertised any copy or reproduction of such license.
[CC 1976 §23-13; Ord. No. 759 §17, 1-8-1962]
If, for good cause shown, it appears to the City Clerk and Collector that in any sale conducted hereunder a violation under this Chapter has occurred, the City Clerk and Collector may, in his/her discretion, temporarily suspend any license granted hereunder for a time not to exceed twenty-four (24) hours for the purpose of investigation of such violation. If, upon investigation, the City Clerk and Collector find no violation has occurred, the time period in which said sale was to be conducted under Sections 620.070 and 620.090 shall be extended by the period of time during which such suspension was in effect, but not to exceed a period of twenty-four (24) hours.
[CC 1976 §23-14; Ord. No. 759 §18, 1-8-1962]
A.
The
City Clerk and Collector shall revoke any license issued pursuant
to this Chapter if he/she shall find that the licensee has knowingly:
1.
Violated one (1) or more provisions of this Chapter.
2.
Made any material misstatement in his/her application.
3.
Failed to include in the inventory required hereunder all goods being
advertised, sold or offered for sale on the licensed premises.
4.
Failed to revise the inventory daily or keep complete and detailed
books and records of said sale.
5.
Made or permitted to be made any false or misleading statements or
representations in advertising said sale of goods or in displaying,
ticketing, pricing, or identifying goods offered for sale.
6.
Refused to allow examination by the City Clerk and Collector, or
his/her inspectors, of the goods offered for sale or of the books
and records of said sale.
[CC 1976 §23-15; Ord. No. 759 §19, 1-8-1962]
No license for a sale defined by Section 620.010 shall be issued unless there is filed with the City Clerk and Collector a bond in an amount equal to ten percent (10%) of the inventory value of all the goods to be offered at such sale, and such bond shall be conditioned upon the faithful observance of all applicable provisions of this Chapter and the indemnifying of any purchaser at such sale, who suffers any loss by reason of any misrepresentation made in connection with such sale; said bond to be approved as to form by the City Attorney and as to sufficiency by the City Clerk and Collector.
[CC 1976 §23-16; Ord. No. 759 §20, 1-8-1962]
Where goods held for sale, or offered for a sale, as defined under Section 620.010 hereof are commingled with goods which have not been involved in any business failure, or which have not been derived from a business which has failed, been closed, discontinued, or liquidated, such goods shall be plainly marked or ticketed as distressed items and no goods which are not distressed shall be so marked or ticketed.
[CC 1976 §23-17; Ord. No. 759 §11, 1-8-1962]
A duplicate of the original application and inventory, or renewal
application and inventory, shall be kept on the licensed premises
at all times during such sale and shall be available at all times
to the City Clerk and Collector or his/her inspectors, and the licensee
shall permit the City Clerk and Collector, or his/her inspectors,
to examine all goods on the premises for comparison with such inventory.
[CC 1976 §23-18; Ord. No. 759 §12, 1-8-1962]
At the close of each day's business, the licensee shall cause
the inventory attached to such duplicate application to be revised
by noting thereon items disposed of during the day. Complete and detailed
books and records of the sale shall be kept by the licensee and shall
be available at all times for inspection by the City Clerk and Collector,
or his/her inspectors.
[CC 1976 §23-19; Ord. No. 759 §13, 1-8-1962]
No licensee shall bring upon, or cause to be brought upon, the
licensed premises, goods not shown or otherwise accounted for in such
application and inventory with intent to advertise, sell, or offer
for sale, such goods to the public. For the purposes of this Section,
advertisement, exposure for sale as part of the stock, or display
of such goods to the public, shall be prima facie evidence of intent
to sell, or offer for sale, such goods to the public.
[CC 1976 §23-20; Ord. No. 759 §14, 1-8-1962]
Advertising shall be descriptive of the nature of such sale
and no sale shall be advertised or conducted for a purpose other than
stated in the application therefor, and the language contained therein
shall be identical with the advertising language content set forth
in the application.
[CC 1976 §23-21; Ord. No. 759 §15, 1-8-1962]
No licensee shall indicate in any advertising, either directly
or indirectly, that such sale is held with the approval of the City
or any of its officers and employees. Such advertising shall contain
a statement in the following words and no others:
"This sale held pursuant to City License No. _________ granted
the ________ day of ____________, 20 __."
(In such blank spaces the license number and requisite dates
shall be indicated.)
[CC 1976 §23-22; Ord. No. 759 §16, 1-8-1962]
No display signs advertising a sale hereunder shall be larger
than six (6) square feet in area and such signs shall not be fastened
or fixed to any exterior wall, front, facade, awning, canopy, or roof
so as to be visible from a public street. In the event such signs
are placed in display windows, there shall be only one (1) such sign
for each such display window, but in no event shall more than two
(2) such signs be displayed on the licensed premises and such signs
shall not be attached to the window in any manner whatsoever, but
shall be displayed within the display window.
[CC 1976 §23-23; Ord. No. 1499 §§1 — 4, 11-8-1976; Ord. No. 91-26 §1, 6-10-1991; Ord. No. 93-56 §l, 10-25-1993; Ord. No. 98-56 §1, 9-29-1998]
A.
All
so-called "garage sales" or other sales involving
the offering for sale of multiple items of personal property on property
zoned and occupied as a residence shall be subject to the following
rules and regulations:
1.
No one shall accept to take in for sale, any goods from any commercial
business or enterprise on a consignment basis.
2.
There shall be no display or sale of any property in the front yard
of the premises.
3.
The property owner may install one (1) sign advertising sale on the
residential lot on which such sale is to be held and one (1) sign
on a corner property providing permission is obtained from property
owner. Said signs shall not exceed two (2) feet by three (3) feet.
Such signs shall be erected not sooner than one (1) day prior to the
date of the sale, and shall be removed at the end of the last day
upon which sale is held. Both signs shall identify the name and address
of the property owner holding the sale.
4.
Not more than two (2) such sales per annum shall be held at the premises
if occupied by the same family or any member of such family.
5.
Any sale conducted pursuant to the provisions hereof shall be confined
to the period between 8:00 A.M. and 6:00 P.M. of any day and shall
not extend in excess of two (2) days within the same week, but not
necessarily consecutive days.
B.
Any
person conducting a garage sale or other sale involving the offering
for sale of multiple items of personal property on property zoned
and occupied as a residence shall be required to obtain a permit therefor
from the City. Applications for such permit shall be made to the City
Clerk in such form as may be required by the City and shall be accompanied
by a permit fee in the amount of one dollar ($1.00).
C.
Any
person violating any of the provisions of this Section shall be deemed
guilty of a misdemeanor and upon conviction thereof, shall be fined
a sum not to exceed one thousand dollars ($1,000.00) or jailed for
a period not to exceed three (3) months or shall receive both such
fine and imprisonment. Each day during which any violation of this
Section continues or exists shall be deemed to be a separate violation.
D.
The
provisions of this Section shall not apply to or affect persons selling
goods pursuant to an order of process of a court of competent jurisdiction
or persons acting in accordance with their powers and duties as public
officials.
