"Sale" means any sale of, or any offer to sell, to the public,
or any group thereof, goods, wares or merchandise on order, in transit
or in stock, in connection with a declared purpose as set forth by
advertising that such sale is anticipatory to or to avoid the termination,
liquidation, revision, windup, discontinuance, removal, dissolution
or abandonment of the business, or that portion of the business conducted
at any location; and
All sales advertised in any manner calculated to convey to the
public the belief that upon the disposal of the goods to be placed
on sale the business or that portion thereof being conducted at any
location will cease, be removed, be interrupted, discontinued or changed;
and all sales advertised to be "adjuster's sale," "adjustment sale,"
"assignee's sale," "bankruptcy sale," "benefit of administrator's
sale," "benefit of creditor's sale," "closing out sale," "creditor's
committee sale," "creditor's sale," "damaged goods sale," "end sale,"
"executor's sale," "final days sale," "fire sale," "fixtures for sale,"
"forced out sale," "forced out of business sale," "insolvent sale,"
"insurance salvage sale," "last days sale," "lease expires sale,"
"leasing expiring sale," "liquidation sale," "loss of lease sale,"
"mortgage sale," "out-selling sale," "receiver's sale," "removal sale,"
"reorganization sale," "salvage sale," "selling out sale," "smoke
sale," "smoke and water sale," "trustee's sale," "quitting business
sale," "wholesale closing out sale," "we quit sale," "we give up sale,"
or advertised by any other expression or characterization similar
to any of the foregoing and calculated to convey a similar meaning;
and
All sales advertised in a manner calculated to indicate that
the goods, wares or merchandise 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;
and
All sales accompanied by notices or advertising indicating that
the premises are available for purchase or lease or are otherwise
to be vacated; and
All sales accompanied by advertising indicating a business emergency
or failure affecting the seller or any previous holder of the goods
to be disposed of.
(1953 Code § 2190; Ord. 480 § 1, 1961)
"Advertising," "advertisement," "advertise," "publish" or "publication"
means any and all means, whether oral, written, lettered or printed,
used for conveying to the public notice of the conduct of a sale as
defined herein, or notice of intention to conduct such sale, including
but not limited to oral or written announcements by proclamation or
outcry, newspaper advertisement, magazine advertisement, handbill,
written or printed notice, printed display, billboard display, poster,
and radio announcement.
(1953 Code § 2190; Ord. 480 § 1, 1961)
No person shall advertise or conduct any sale of the type defined
in this chapter without a written permit from the city manager.
(1953 Code § 2191; Ord. 480 § 1, 1961; Ord. 850 § 7, 1975)
The city manager may require the following information in an
application:
(a)
A
recital of the facts in regard to the insurance bankruptcy, insolvency,
assignment, mortgage, foreclosure, administration, receivership, trusteeship,
removal, executorship removal, or other cause advertised to be the
reason for the proposed sale;
(b)
An
inventory or statement, as the city council may require, setting forth
the amount and description of goods, wares or merchandise, and the
persons from whom obtained and the place from which the goods were
last taken.
(1953 Code § 2192; Ord. 480 § 1, 1961; Ord. 850 § 7, 1975)
The city manager may order the chief of police to make an audit
or investigation of the applicant and his affairs in relation to the
proposed sale.
The city manager may refuse a permit because of the inefficiency
of the information set forth in the application, but shall grant the
applicant permission to file an amended application. No permit shall
be granted where an applicant has not been in business and had in
his possession the goods, wares and merchandise for sixty days prior
to filing the application, except in the case of licensed liquidators.
(1953 Code § 2193; Ord. 480 § 1, 1961; Ord. 850 § 7, 1975)
A permit issued under this chapter shall authorize the one type
of sale named in the application, at the place named therein, for
a period of not more than sixty calendar days. It shall only permit
the sale of goods listed in the application. Such goods must be definitely
separated from any other goods displayed at or within the store or
place of business. All advertising, signs or notices calling attention
to the sale must be confined to the goods involved in the sale. The
city council may renew such permit once for a period of thirty days.
The application for renewal shall set forth a complete list of the
goods listed in the original application which are unsold. Such application
shall not include a list of goods, wares or merchandise not named
in the original application.
The applicant shall pay to the city a permit fee which covers
the first sixty days of the sale. In the event the applicant requests
a renewal of such permit for an additional thirty days, the applicant
must pay to the city an additional fee as set by resolution of the
city council and as shall be revised periodically to reflect changes
in the cost of permit insurance.
No sale shall be permitted at any one location for more than
ninety calendar days in any one twelve-month period.
(1953 Code § 2194; Ord. 480 § 1, 1961; Ord. 1006 § 9, 1981)
Permits shall be valid only for the advertising representation
and sale of the particular goods, wares or merchandise described in
the original application. Any renewal, replenishment or substitution
of such goods, wares or merchandise shall render such permit void.
No person in contemplation of conducting any such sale or special
sale, or during the continuance of such sale, shall order any goods,
wares or merchandise for the purpose of selling them at such sale.
Any unusual purchase or additions to the stock of such goods, wares
or merchandise within sixty days before the filing of such application
for a permit to conduct such a sale shall be presumptive evidence
that such purchase or additions were made in contemplation of such
sale and for the purpose of selling them at such sale.
Each sale of goods, wares or merchandise not inventoried and
described in the original application shall constitute a separate
offense under this section.
(1953 Code § 2195; Ord. 480 § 1, 1961)
A removal of any goods, wares or merchandise inventoried and
described in the original application from the place of sale mentioned
in such application shall cause such goods to lose their identity
as the stock of any of the sales defined in this chapter. No permits
will be issued for the conducting of a sale of any such goods, wares
or merchandise in such manner as to identify them with the store,
store name, store owner or location referred to in the original application.
(1953 Code § 2196; Ord. 480 § 1, 1961)
Upon commencement and throughout the duration of any sale, as
defined in this chapter, the permit issued by the city council shall
be prominently displayed near the entrance to the premises. A duplicate
original of the application and stock list pursuant to which such
permit was issued shall at all times be available to police officers
and representatives of the city council. The permittee shall permit
police offices and representatives of the city council to examine
all merchandise in the premises for comparison with such stock list.
(1953 Code § 2197; Ord. 480 § 1, 1961)
This chapter does not apply to or affect the following persons:
(a)
Persons
acting pursuant to an order or process of a court of competent jurisdiction;
(b)
Persons
acting in accordance with their powers and duties as public officers
such as sheriffs and marshals;
(c)
Duly
licensed auctioneers, selling at auction;
(d)
Any
publisher of a newspaper, magazine or other publication who publishes
any such advertisement in good faith, without knowledge of its false,
deceptive or misleading character or without knowledge that the provisions
of this section have not been complied with.
(1953 Code § 2198; Ord. 480 § 1, 1961)
Any person aggrieved by any administrative decision made under this chapter may, upon the payment of a fee to be established by resolution or minute order, appeal the decision to the city council. The city council may also review any such decision on its own motion. The procedures for filing and hearing such appeals and reviews are set forth in Chapter 2.02 of this code, incorporated herein by reference.
(Ord. 850 § 7, 1975)
