For the purpose of this chapter, the following words and phrases
shall have the meanings attributed to them as provided in this section:
means any sale, or offer to sell or advertising for sale,
to the public or any part thereof, of goods, wares, or merchandise
in stock which have been involved in any business failure or have
been derived from any business which has been adjudicated bankrupt,
has been closed, has been discontinued, has been liquidated, or has
been placed in receivership.
means any sale, offer to sell or advertising for sale, to
the public or any part thereof, of goods, wares, or merchandise, in
furtherance of a declared purpose, as advertised, when such sale is
anticipatory of the termination, liquidation, revisions, windup, discontinuance,
removal, relocation, dissolution, closing, or abandonment of a business
conducted at any location.
means any sale, offer to sell or advertising for sale, to
the public or any part thereof, of goods, wares, or merchandise which
has been damaged or altered as the result of contact with, or exposure
to, fire, smoke or water.
(Prior code § 6410)
It is unlawful for any person to advertise or conduct a close-out
sale, fire sale, or bankruptcy sale, as defined in this chapter, without
first obtaining a permit therefor from the license collector of the
city in the manner hereinafter provided.
(Prior code § 6410.1)
The provisions of this chapter shall not apply to, or affect,
the following persons:
(1)
Persons
acting in their official capacities as public officials;
(2)
Persons
acting pursuant to process issued by a court of competent jurisdiction;
(3)
Duly
licensed auctioneers, selling at auction;
(4)
Any
publisher of a newspaper, magazine, or other periodical or publication,
who publishes in good faith any advertisement without knowledge of
its false, deceptive, or misleading character, or without knowledge
that compliance has not been had with the provisions of this chapter.
(Prior code § 6410.2)
Any person desiring to advertise and conduct a sale regulated
by this chapter shall make a written application therefor, under oath,
accompanied by a fee in the sum of seventy-five dollars to the city
license collector.
(1)
If
the proposed sale is a bona fide close-out, fire or bankrupt sale,
the license collector shall issue the permit.
(2)
The
permit shall expire thirty days from date of issue.
(Prior code § 6410.3; Ord. 1470 § 8, 1978)
Every applicant shall submit to the city license collector a
deposit of one hundred dollars conditioned upon compliance with the
provisions of this chapter. If the sale is conducted and completed
in accordance to the provisions of this chapter, the deposit shall
be returned to the applicant; if not so conducted and completed, the
same shall be forfeited, but such forfeiture shall not affect any
misdemeanor complaint or charge for violation of the provisions hereof.
(Prior code § 6410.4)
It is unlawful for any permittee:
(1)
To
issue any false, deceptive, or misleading advertising;
(2)
To
conduct such sale other than in strict conformity to any advertising
or holding out relating thereto;
(3)
To
fail to include in all advertising: (A) the permit number issued to
applicant; and (B) the final date of such permitted sale;
(4)
To
sell any goods, wares or merchandise not physically located on the
licensed premises on the date of application for permit hereunder.
(Prior code § 6410.5)
The city license collector and the chief of police, or their
authorized representatives shall have the power to revoke at any time
any permit granted hereunder whenever any such sale is being conducted
in violation of any of the provisions hereof; or in such a manner
as to deceive or defraud the public; or if:
(1)
The
holder of any such permit has been guilty of any fraudulent practice
in the conduct of the sale authorized by such permit;
(2)
The
holder of any such permit has added, or caused or permitted to be
added goods, wares, or merchandise not physically located on the licensed
premises at the time of application, and has offered such additions
for sale under such permit;
(3)
The
holder of any such permit has violated any of the provisions contained
in this chapter.
(Prior code § 6410.6)
Any administrative decision made pursuant to this chapter by
the license collector or chief of police may be appealed within five
days thereafter to the city council which may affirm, modify or reverse
the same. Until the city council decides, however, the administrative
decision shall remain in effect.
(Prior code § 6410.7)
Upon being issued a close-out sale permit hereunder, the permittee
shall surrender to the city license collector without refund all other
business licenses he may then hold applicable to the location and
goods covered by such permit.
(Prior code § 6410.8)
Except as set forth herein, no permit issued under this chapter
shall be renewable; provided:
(1)
The
city manager shall have the authority, if he finds that the circumstances
of weather, holidays or other circumstances during such thirty day
period, has worked unnecessary hardship on the permittee, to renew
such application for a period of time not to exceed an additional
thirty days; and
(2)
Upon
a denial of any such extension by the city manager, the permittee
may appeal such decision to the city council.
(Prior code § 6410.9; Ord. 1216 § 1, 1968)
