[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:
- ADVERTISE, ADVERTISING, ADVERTISEMENT, ADVERTISED AND PUBLISH
- 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:
- 1. 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
- 2. 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
- 3. 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
- 4. 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]
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:
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.
A description of the place where such sale is to be held.
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.
The means to be employed in advertising such sale, together with the proposed language content of any advertisement to be used for such sale.
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.
The place, or places, where such goods were purchased or acquired and, if not purchased, the manner of such acquisition.
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.
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.
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]
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:
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.
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.
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.
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.
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.
Any representation made in the application is false.
[CC 1976 §23-9; Ord. No. 759 §8, 1-8-1962]
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:
Goods inventoried in the original application have not been disposed of and that facts exist justifying license renewal.
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]
The City Clerk and Collector shall revoke any license issued pursuant to this Chapter if he/she shall find that the licensee has knowingly:
Violated one (1) or more provisions of this Chapter.
Made any material misstatement in his/her application.
Failed to include in the inventory required hereunder all goods being advertised, sold or offered for sale on the licensed premises.
Failed to revise the inventory daily or keep complete and detailed books and records of said sale.
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.
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]
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:
No one shall accept to take in for sale, any goods from any commercial business or enterprise on a consignment basis.
There shall be no display or sale of any property in the front yard of the premises.
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.
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.
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.
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).
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.
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.