Going out of business sales, when employed as an established
merchandising practice, are injurious to the peace, health and welfare
of the community in that these sales cause irreparable injury to merchants
not employing such devices, render uncertain the conditions of employment
in retail establishments, reduce the value of public property in the
community and foster destructive and unfair competition in the business
community. In light of the foregoing, it is the purpose of this chapter
to prohibit going out of business sales as an established merchandising
practice.
(Ord. 991 § 1, 2010)
The following words, terms and phrases shall have the following
meanings:
means a bona fide sale, offering for sale or advertising
for sale goods, wares or merchandise to the ultimate consumer, where
a person who owns, operates or manages the subject business implies,
or the consumer is reasonably led by such person to believe, that
such person will no longer continue to engage in such business on
the premises occupied by the subject business, or that such sale is
other than in the usual and ordinary course of business. Such sales
are described herein as "a sale that falls within the jurisdiction
of this chapter."
means all kinds of goods, wares and merchandise.
means and includes a natural person, joint venture, joint
stock company, partnership, association, club, corporation, business,
trust, orientation, or the manager, lessee, agent, servant, officer
or employee of any of them.
(Ord. 991 § 1, 2010)
Nothing in this section shall be deemed to apply to any person
who sells, offers for sale, announces or advertises for sale goods,
wares or merchandise at a reduction in price when such reduction in
price is made in the normal course of business operations; nor to
any person executing a process or order of a court of competent jurisdiction;
nor to a creditor's sale, conducted by a licensed auctioneer, which
does not exceed one day's duration; nor when otherwise preempted by
state or federal law.
(Ord. 991 § 1, 2010)
All going out of business sales shall be limited to a period
of no more than ninety consecutive days, including Saturday, Sunday,
and holidays.
(Ord. 991 § 1, 2010)
No person may conduct a going out of business sale if such person
has conducted another going out of business sale within the previous
calendar year.
(Ord. 991 § 1, 2010)
It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of the requirements is subject to all enforcement remedies pursuant to Title 14 of this code.
(Ord. 991 § 1, 2010)
