For the purpose of this chapter only, the following words and
terms shall be deemed to mean and be construed as follows:
mean 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;
means the city license inspector or any city police officer;
means a permit issued pursuant to this chapter;
means a person to whom a permit has been issued pursuant
to this chapter;
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:
Stopping of Business.
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
Names Used for Sales.
All sales advertised to be "Adjuster's Sale," "Assignee's
Sale," "Bankrupt Sale," "Benefit of Administrator's Sale," "Benefit
of Creditors Sale," "Benefit of Trustee's Sale," "Building Coming
Down Sale," "Closing Sale," "Closing Out Sale," "Creditor's Committee
Sale," "Creditors' Sale," "Damaged Goods Sale," "End Sale," "Execution
Sale," "Final Days Sale," "Fire Sale," "Forced Out Sale," "Forced
Out of Business Sale," "Insolvent Sale," "Insurance Salvage Sale,"
"Last Days Sale," "Lease Expires Sale," "Lease Expiring Sale," "Liquidation
Sale," "Loss of Lease Sale," "Mortgage Sale," "Outselling Sale," "Receiver's
Sale," "Removal Sale," "Recognition 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," "Fixtures for Sale," or advertised by any other
expression or characterization closely similar to any of the foregoing
and calculated to convey the same meaning, and
Business Failure.
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
Vacation of Premises.
All sales accompanied by notices or advertising indicating
that the premises are available for purchase or lease or are otherwise
to be vacated, and
Business Emergency or Failure.
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.
(Prior code §§ 2500—2500.55)
No person, firm or corporation shall be eligible to publish or conduct any sale as described in Section 5.60.010, without first having obtained a permit from the city manager in the manner hereinafter provided in this chapter, but such person shall not be eligible for a permit for a period of at least 365 consecutive calendar days from the opening of the business unless good cause is shown therefor to the city manager.
(Prior code § 2511; Ord. 913 § 11A, 1971; Ord.
1406 § 1, 1992; Ord. 1407 § 1, 1992)
Each permit issued under the provisions of this chapter shall
have printed, written or stamped on the face thereof the following:
"This permit is granted by the City Manager of the City of Palm Springs and accepted by the permittee upon the condition that the said permittee comply with and abide by all the provisions of Chapter 5.60 of the Palm Springs Municipal Code."
(Prior code § 2512; Ord. 913 § 11A, 1971)
At the time of the delivery of said permit, such statement must
be signed by the permittee in the presence of an employee of the city
who shall sign as a witness.
(Prior code § 2513)
Any permit issued under the provisions of 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 60 calendar days, and
shall permit the sale of goods only which are set out in said application,
all of which goods throughout the duration of the sale must be definitely
separated from any other goods displayed at or within the store or
place of business; and all advertising signs or notices referred to,
or calling attention to the sale, must be confined to the display
or displays of goods involved in the sale.
(Prior code § 2514)
No permit to conduct a sale as defined herein shall be granted
except upon written application to the city manager, filed and verified
before a person authorized to administer oaths, by the person who
intends to conduct such sale, and each application shall set forth
and contain the following information:
(1)
Contents
of Application—Location.
Description, by street location and kind of building, of the
location at which such sale is to be held;
(2)
Occupancy—Tenancy.
The nature of the occupancy, whether by ownership, lease or
sublease, and if by lease or sublease, the effective date of the termination
of such tenancy;
(3)
Advertising.
A copy of all advertisements proposed to be used in connection
with such sale, and a statement of the means or methods of advertising
to be used in advertising such sale;
(4)
Reason
for Sale.
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;
(5)
Inventory.
An inventory or statement, in such form and in such detail as
the city manager may require, setting forth the amount and description
of goods, wares or merchandise to be sold at such sale and, when required
by the city manager, the date of acquisition of such goods, wares
or merchandise and the persons from whom obtained, and the place from
which said goods were last taken.
(Prior code §§ 2521—2522.4; Ord. 913 § 11A, 1971)
The city manager may require that all goods, wares and merchandise
listed upon the inventory or statement shall be so described in detail
by manufacturer's name and lot number, the individual number of articles
so numbered, colors, sizes and otherwise, that the identity of such
goods with the goods listed on such inventory can be readily determined.
(Prior code § 2522.41; Ord. 913 § 11A, 1971)
No application for any permit pursuant to the provisions of
this chapter shall be accepted by or on behalf of the city manager
unless said application shall be accompanied by a filing fee in such
amount as has been prescribed by resolution of the city council, no
part of which fee shall be refunded whether said application be granted
or denied.
(Prior code § 2523; Ord. 913 § 11C, 1971)
Upon the filing of the application with the city manager, the
city manager may make or cause to be made an examination, audit, or
investigation of the applicant and his affairs, in relation to the
proposed sale.
(Prior code § 2531; Ord. 913 § 11A, 1971)
If the city manager finds that the statements in the application
are true, that the inventory is complete, that the advertising set
forth is not false, fraudulent, deceptive or misleading in any respect,
and that the methods to be used by the applicant in conducting the
sale are not such as, in the opinion of the city manager, will work
a fraud upon the purchasers, the city manager shall issue to the applicant
a permit to conduct such sale in accordance with the provisions of
this chapter; otherwise the city manager shall deny the application
and refuse said permit.
(Prior code § 2534; Ord. 913 § 11A, 1971)
The city manager may refuse a permit because of the insufficiency
of the information set forth in the application.
(Prior code § 2535; Ord. 913 § 11A, 1971)
In case of such refusal, the city manager shall grant the applicant
permission to file an amended application.
(Prior code § 2536; Ord. 913 § 11A, 1971)
No application shall be denied unless an opportunity for hearing
has been given the applicant before the city manager and upon a ten
day notice in writing mailed to the applicant at the business address
for the conduct of the sale, as set forth in the application of the
said applicant.
(Prior code § 2537; Ord. 913 § 11A (part) 1971)
The city manager may, upon verified application therefor, renew
said permit for a period of not to exceed 30 days, upon the payment
of a renewal fee in such amount as has been prescribed by resolution
of the city council.
(Prior code § 2541; Ord. 913 § 11C, 1971)
Such verified application for renewal shall set forth a complete
list of goods listed in the original application and remaining unsold,
and shall not contain any goods, wares or merchandise not named in
such original application.
(Prior code § 2542)
Upon receipt of such application for renewal, the city manager
shall cause an investigation to be made within five days from the
date of filing with the city manager the said application for renewal,
and if satisfied of the truth of the statements therein contained,
the city manager shall grant such renewal, which shall be endorsed
and signed as provided for the original permit.
(Prior code § 2543)
The city manager may renew any original permit in the manner
herein provided, not to exceed two times, upon payment of a fee for
each such renewal, in such amount as has been prescribed by resolution
of the city council.
(Prior code § 2544; Ord. 913 § 11C, 1971)
The city manager shall not issue permits or renewals which will allow the conduct of any sale or sales of any kind or kinds named in Section 3.60.010 at any one location for more than one hundred twenty calendar days in any one twelve month period.
(Prior code § 2545)
The city manager shall have the power to revoke at any time
any permit granted in accordance with this chapter whenever any such
sale or special sale is being conducted in violation of any of the
provisions of this chapter or in such manner as to deceive or defraud
the public, or if:
(1)
Further
Grounds—Misstatement in Application.
The holder of any such permit has made any material misstatement
in the application for such permit;
(2)
Fraud
in Conduct of Sale.
He has been guilty of any fraudulent practice, or practices,
in the conduct of the sale authorized by such permit;
(3)
Omissions
in Inventory.
He has failed to include in the inventory required by the provisions
of this chapter the goods, wares or merchandise required to be contained
in such inventory;
(4)
Addition
of Goods.
He has added, caused to be added, or permitted to be added any
goods, wares or merchandise not described in the original inventory;
(5)
Improper
Advertising.
He has violated any of the provisions of this chapter or of
the laws pertaining to advertising.
(Prior code §§ 2551—2556; Ord. 913 § 11A, 1971)
No permit shall be revoked for any cause above enumerated until
a written complaint has first been filed with the city manager, setting
forth in ordinary and concise language the charge made against the
permittee.
(Prior code § 2557; Ord. 913 § 11A, 1971)
Such complaint shall be verified by the oath of the person making
the charge, such verification to be made in the form prescribed by
the Code of Civil Procedure of the State of California for verified
pleadings in civil actions.
(Prior code § 2558)
Service of such complaint and notice of hearing shall be in the manner hereinbefore provided in Section 5.60.130.
(Prior code § 2559)
Any permit issued pursuant to the provisions of this chapter
shall be valid only for the advertising, representation and sale of
the particular goods, wares or merchandise described in the original
application therefor, and at the particular time, and particular place
stated therein, and by the particular applicant; and any renewal,
replenishment or substitution of such goods, wares or merchandise,
or change of such time or place for such sale, or change of persons
conducting the sale, is unlawful and shall render such permit void.
(Prior code § 2561)
No person in contemplation of conducting any such sale or special
sale, or during the continuance of such a sale, shall order any goods,
wares or merchandise for the purpose of selling them at such sale.
(Prior code § 2562)
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 license 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.
(Prior code § 2563)
Each sale of goods, wares or merchandise as were not inventoried
and described in said original application shall constitute a separate
offense under this chapter.
(Prior code § 2564)
The city manager may provide such rules and regulations for
the conduct and advertisement of such sale or special sale as, in
his opinion, will serve to prevent deception and to protect the public.
(Prior code § 2565; Ord. 913 § 11A, 1971)
Any removal of any goods, wares or merchandise inventoried and
described in the original application form 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 herein; and no permit
thereafter 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.
(Prior code § 2566)
Upon, coincident and throughout the duration of any sale, as
herein defined, the permit issued by the city manager shall be prominently
displayed near the entrance to the premises.
(Prior code § 2571; Ord. 913 § 11A, 1971)
A duplicate original of the application and stock list pursuant
to which such permit was issued, shall at all times be available to
the city manager, or to his inspector and investigators to examine
all merchandise in the premises for comparison with such stock list.
(Prior code § 2572; Ord. 913 § 11A (part) 1971)
Suitable books and records shall be kept by the permittee and
shall at all times be available to the inspector and investigators.
(Prior code § 2573)
At the close of business each day the stock list attached to
the application shall be revised and those items disposed of during
such day shall be so marked thereon.
(Prior code § 2574)
The provisions of this chapter shall not apply to or affect
the following persons:
(1)
Judicial
Sales.
Persons acting pursuant to an order or process of a court of
competent jurisdiction;
(2)
Official
Sales.
Persons acting in accordance with their powers and duties as
public officers such as sheriffs and marshals;
(3)
Auctions.
Duly licensed auctioneers, selling at auction;
(4)
Publisher
of Advertising.
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 chapter have not been complied with;
(Prior code §§ 2581—2586)
Any person aggrieved by any decision of the city manager with respect to denial or issuance of any permit, conditions attached thereto, or any other administrative action taken pursuant to this chapter, may appeal to the city council in the manner provided by Chapter 2.05 of this code.
(Prior code § 2591; Ord. 913 § 11D, 1971; Ord.
1226 § 10, 1984)
