[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 6, Ch. 10, of the 1981 Code). Amendments noted where applicable.]
Every person requiring a closing-out sale license shall make application, in writing, to the City Clerk, and attach thereto an inventory containing a complete and accurate list of the stock of goods, wares and merchandise which is on hand in the City as of date of going out of business to be sold at such sale, and have attached thereto an affidavit by the applicant or his duly authorized agent, declaring, under oath, that such inventory is true and correct to the knowledge of the person making such affidavit and that no stock has, or will be added thereto during said sale, except only as provided by this section.
Only merchandise on hand and physically in the City may be sold. Merchandise on order for less than 45 days shall not be part of the closing-out sale. Merchandise on order for more than 45 days must be listed on the affidavit and inspected by the City Clerk or his designee and approved by the Clerk before becoming part of the closing-out sale. Such affidavit shall include the names and addresses of the principals, such as the partners, officers and directors, and the principal stockholders and owners of the business and the inventoried merchandise. Such inventory shall contain the cost price of respective articles enumerated therein, together with the date or dates of purchase or purchases and the identity or identities of the seller or sellers.
If the goods, wares and merchandise were purchased by the applicant or the person for whom he is acting as agent for a lump sum or other circumstances make the listing of the cost price for each article impracticable, the inventory shall state the lump sum paid for such goods, wares and merchandise and the circumstances of the purchase of same.
Such application shall further specify the name and address of the applicant, and, if acting as agent, the person for whom he is acting as an agent, and the place at which said sale is to continue.
The license shall specify the period for which it is granted, which time shall not exceed 60 consecutive days. Sundays and legal holidays are included if the store is open on Sunday and legal holidays from the date of the issuance of said license. Any Sunday or legal holiday on which the store is closed shall not be counted in the 60 days.
No license shall be transferable either as to licensee or location. Any person who obtains a license for a closing-out sale from the City shall not receive a second license from the City, either in his own name or through any agent or employee, for a period of five years. Any license issued under this subsection is void and is automatically revoked.
If a license has been granted to a person for less than 60 days and the fee for such shorter period paid, the applicant therein, upon tendering the additional amount sufficient to constitute the fee required for a license for the longer period and not exceeding, with the period of the longer license included, such 60 days' period may have the expiration date of such license extended to such further time.
Such application shall further set forth all taxes previously levied or assessed on the stock of goods set forth in the inventory, whether against the applicant or any former owner thereof, and no license shall be granted for the sale thereof until all taxes payable to the City have been paid. Taxes shall be computed as assessed on January 1 of the current year.
Fees. The fees for such licenses shall be as established and listed in Title 1 of this Code.
Revocation. A license may be revoked by the Clerk if the licensee made any materially inaccurate statement in the application for license or violated any provision of this section.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
State statute adopted. Section 134.71, Wis. Stats., as amended from time to time by the State Legislature, is hereby adopted and incorporated by reference.
Permit required. No person shall, within the City, block off a public street without obtaining a permit as required by this section.
Application. Application for a permit for each block party shall be filed with the City Clerk upon forms provided by that department and shall contain or have attached thereto the following information.
Permit fee. Every applicant shall pay a permit fee as listed in § 1-2-1 of this Code.
Issuance of permit. The Council shall, upon its approval of such application, after investigation and the payment of the permit fee, issue to the applicant a permit to hold the block party at the specific location and specific date, time, and duration.