Whenever used in this chapter, the term "closing-out sale" means any offer to sell to the public, or sale to the public, of goods, wares or merchandise upon the implied or expressed representation that such sale is in anticipation of the ceasing, discontinuance or termination of a business, or that such sale is other than in the ordinary course of business. Without limiting the generality of the above, a closing-out sale shall include any sale advertised or represented, either specifically or in substance, to be any of the following: adjustor's sale, administrator's sale, bankrupt sale, creditor's sale, close-out sale, executor's sale, end of business sale, final sale, forced-out-of-business sale, insolvent sale, inventory close-out sale, inventory disposal, last-days sale, lease-expires sale, liquidation sale, lost-lease sale, must-vacate sale, quitting-business sale, receiver's sale, inventory-liquidation sale, selling-out sale, stock disposal, stock sell-out, stock-liquidation sale, termination sale, wind-up sale, or any other term tending to convey to the public that upon the disposal of the stock of goods on hand the business will cease and be discontinued.
(Prior code § 9-1)
No person shall advertise or conduct a closing-out sale, or sell or offer for sale, any goods, wares or merchandise at a sale represented to be a closing-out sale, without first obtaining from the city clerk a license to conduct such closing-out sale.
(Prior code § 9-2; Ord. 4528, 03\11\97)
Application for the license required by Section 5.32.020 shall be filed with the director of finance by the person conducting the closing-out sale at least ten days prior to the commencement of such sale. Such application for a license shall be in writing, signed and verified under oath by the person who intends to conduct such sale and each application shall set forth and contain the following information:
A. 
A description and the street location of the place at which such sale is to be held;
B. 
The nature of the occupancy, whether by ownership or lease or sublease, and if by lease or sublease, the effective date of termination of such tenancy;
C. 
The means to be employed in publishing such sale, together with the proposed contents of such advertising;
D. 
The facts in regard to the insolvency, bankruptcy, assignment, receivership or other cause for the dissolution of the business;
E. 
An inventory or statement setting forth the quantity and description of all goods, wares and merchandise to be sold at such sale. All goods, wares and merchandise listed upon the inventory or statement shall be described in detail by lot, number, brand name and other additional detail so that the identity of such goods with the inventory listing may be readily determined. All consignment goods listed upon the inventory or statement shall be so designated. No consignment goods shall be included in the sale unless such consigned goods have been in the applicant's possession for at least thirty days prior to the filing of the application as required by this section;
F. 
In the event that such sale will be conducted at public auction, the name of the auctioneer who shall conduct such auction sale.
(Prior code § 9-3; Ord. 4528, 03\11\97)
Upon filing of the application the director of finance may make, or cause to be made, an examination or investigation of the statements put forth in such application, or of the applicant and his affairs in relation to the proposed closing-out sale. If the city clerk finds that the statements in the application are true, that the advertising to be used is not false, deceptive or misleading in any respect, and that the proposed methods of conducting the sale are not such that they would be fraudulent or deceptive, then the city clerk shall issue a license to conduct such a sale in accordance with the provisions of this chapter.
A license for closing-out sales shall be paid as specified in Chapters 5.04 and 5.08.
(Prior code § 9-4; Ord. 4528, 03/11/97)
Any license issued under the provisions of this chapter shall authorize the conduct and advertising of the one type of sale named and at the location specified in such license for a period of not more than sixty calendar days; provided that the city clerk may, upon a verified application therefor, renew such license for a period not to exceed thirty days upon the payment of a renewal tax of twenty-five dollars.
Such verified application for renewal shall include a listing of such remainder of goods, wares or merchandise remaining in stock from the original inventory. Such listing shall not contain any goods, wares or merchandise not named in the original application.
(Prior code § 9-5)
If a sale under this chapter is to be conducted at two or more locations, separate licenses shall be obtained for each location at which such sale takes place. The conditions prescribed in this chapter as precedent to the issuance of a license for one location shall be the same conditions to be satisfied for all licenses issued for more than one location. Stocks of merchandise in warehouses not located on the premises for which a license is issued shall be listed on separate inventories. If sale of merchandise is to be conducted at the warehouse location, a separate license shall be required for such location.
(Prior code § 9-6)
Any license issued under the provisions of this chapter shall be valid only for the advertising and conducting of sale of the particular goods, wares and merchandise described in the original application for such sale and during the particular time and at the particular location stated therein and by the particular applicant. Any renewal, replenishment or substitution of such goods, wares or merchandise or change of time or place of such sale, or change of person conducting such sale, shall be unlawful and shall render such license void. Every sale of goods, wares or merchandise which was not included in the original inventory shall constitute a separate violation of this chapter.
(Prior code § 9-8)
Suitable records of daily sales shall be kept by each licensee under this chapter, and shall be made available on request of the city clerk or appointed investigators. The city clerk, or appointed investigators, shall at all times have access to such records and shall be permitted to examine all merchandise on the premises for comparison with such records.
(Prior code § 9-9)
The above provisions of this chapter shall not apply in the following cases:
A. 
Sales conducted by order or process of a court of competent jurisdiction;
B. 
Sales conducted by public officers such as marshals and sheriffs in accordance with their powers and duties;
C. 
Sales made under an assignment for the benefit of creditors generally; provided that facts of such termination and liquidation be clearly set forth in the public announcement of such sales.
(Prior code § 9-10)
Any business which is established or maintained in violation of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4318 § 4, 1991)