[HISTORY: Adopted by the City Council of
the City of Jamestown 3-26-1962 as Ch. 7 of the 1962 Code. Amendments
noted where applicable.]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
A license issued pursuant to this chapter.
Any person to whom a license has been issued pursuant to
this chapter.
Conveying to the public notice of sale or notice of intention
to conduct a sale, whether by word of mouth, by newspaper advertisement,
by magazine advertisement, by handbill, by written notice, by printed
notice, by printed display, by billboard display, by poster, by radio
announcement or by any other means either written or printed.
The sale or any offer to sell to the public goods, wares
and merchandise of any kind and description on hand and in stock in
connection with a declared purpose, as set forth by advertising on
the part of the seller, that such sale is anticipatory to the termination,
closing, liquidation, windup, discontinuance, conclusion or abandonment
of the business in connection with such sale. It shall also include
all other sales advertised or conducted in such manner as to reasonably
convey to the public that upon disposal of the stock of goods on hand,
the business will cease and be discontinued.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 229-1 and to issue the appropriate license or licenses therefor.
[Amended 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
No person shall publish or conduct any sale of the type defined by § 229-1 without a license therefor, such license to be issued at the discretion of the City Clerk/Treasurer.
A.Â
Licenses shall be issued as described in § 229-3 upon submission of written application in a form approved by the City Clerk/Treasurer and verified by the person who or by an officer of the corporation which intends to conduct the sale.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B.Â
Such application shall contain a description of the
place where such sale is to be held, the nature of the occupancy,
whether by lease or sublease, and the effective date of termination
of such occupancy and the means to be employed in publishing such
sale, together with the proposed language content in any advertisement.
Such application shall further contain an itemized list of the goods,
wares and merchandise to be offered for sale and the source from which
such stock was purchased or acquired, together with the dates of purchase
of each article and, if not purchased, the manner of such acquisition.
Such application shall also specifically state that ownership of the
items or articles to be offered for sale is vested solely in the applicant.
Such application shall further contain representations that it is
the applicant's intention to discontinue doing business in the City
immediately upon the expiration of the license applied for or upon
the expiration of the period for which a renewal of such license is
issued and that the applicant will discontinue such business immediately
upon the expiration of the license applied for or the expiration of
the period for which a renewal of such license is issued.
C.Â
The list described above shall be verified by the
applicant, if he is an individual, by one of the partners if a partnership
or by a duly authorized officer of a corporation.
D.Â
Such application shall contain such additional information
as the City Clerk/Treasurer may require.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
[Amended 3-9-1992 by L.L. No. 1-1992; 11-27-1995; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.Â
On receipt of the application and payment of the fee
prescribed by this chapter, the City Clerk/Treasurer shall cause the
application to be examined and the statements therein investigated.
If after such investigation the City Clerk/Treasurer is satisfied
as to the truth of the statements contained in such application and
as to the form and content of the advertising to be used in connection
with such sale, he may then issue a license permitting the publication
and conduct of the sale, provided that such license shall not be issued
until the lapse of five days from the time of the filing of the application
with the City Clerk/Treasurer.
B.Â
Such license shall be for a period not exceeding 30
days, except that upon satisfactory proof by the licensee that the
stock in the original application has not been disposed of, the City
Clerk/Treasurer may renew such license for an additional thirty-day
period. Such proof for a renewal license shall be furnished in a form
to be issued by the City Clerk/Treasurer. Such renewal application
shall contain an itemized list of stock on hand, and the same shall
be verified by the applicant. The City Clerk/Treasurer shall cause
the renewal application to be examined and the statements therein
investigated, and, if satisfied as to the truth of the statements
therein contained, the City Clerk/Treasurer may issue a renewal license
for a period not exceeding 30 days. No license issued pursuant to
the provisions of this chapter, when combined with a renewal license
as herein provided, shall exceed a total of 60 days.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1992 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No.
1-2020]
The City Clerk/Treasurer shall have the power,
upon recommendation of the Mayor, at any time for cause to suspend
or revoke any license granted in accordance with this chapter.
[Amended 8-11-1986; 3-9-1992 by L.L. No. 1-1992; 8-10-1992 by L.L. No. 2-1992; 11-27-1995; 2-10-2006 by L.L. No.
2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
Any person desiring to conduct a sale or a special sale as defined in § 229-1 of this chapter shall pay a fee of $500 to the City Clerk/Treasurer, all except $75 of which shall be returned to said person, provided that the business or premises which is the subject of the sale or special sale as defined in § 229-1 is closed within 60 days of the receipt of such license. The sum of $75 not returned to said person shall be retained by the City of Jamestown to cover the expense of investing the statements contained in the application to conduct a sale or special. sale or any renewal application therefore. In the event that the business or premises conducting a sale or special sale as defined in § 229-1 does not close its doors within sixty days of the receipt of such license, the applicant shall not be entitled to a refund of any portion of such fee. If any application or renewal application is disapproved, the City shall retain from such fee the sum of $75 to cover the costs of investigating the statements contained in such application or renewal application and the remaining portion of such fee shall be refunded to the applicant.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
A.Â
On commencement of any sale as defined in § 229-1, the license issued by the City Clerk/Treasurer shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the City Clerk/Treasurer, and the license shall permit the City Clerk/Treasurer to examine all merchandise in the premises for comparison with such stock list.
B.Â
All advertisements or advertising and the language
contained therein shall be in accordance with the purpose of the sale
as stated in the application pursuant to which a license was issued,
and the wording of such advertisements shall not vary from the wording
as indicated in the application. Such advertising shall in no manner
or form whatsoever, either directly or indirectly, indicate that such
sale is held with the approval of the City Clerk/Treasurer. Such advertising
shall contain a statement in these words and no others: "Sale held
pursuant to license No. _____, issued by the City Clerk/Treasurer
of the City of Jamestown, on the _____ day of __________, 20____,"
and in such blank spaces shall be indicated the license number and
the date of issuance of the license.
C.Â
Suitable books and records as prescribed by the City
Clerk/Treasurer shall be kept by the licensee, and they shall at all
times be available to the City Clerk/Treasurer. At the close of business
each day the stock list attached to the application shall be revised
and those items disposed of during each day shall be so marked on
such list. No additional merchandise shall be added to the stock in
the establishment of the licensee after the issuance of the first
license.
[Amended 3-9-1992 by L.L. No. 1-1992; 12-11-1995 by L.L. No. 6-1995; 2-10-2006 by L.L. No. 2-2006; 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The City Clerk/Treasurer is empowered to make
such rules and regulations for the advertisement and conduct of such
sales or special sales as in his opinion will serve to prevent deception
and to protect the public.
Any person who shall publish or conduct any
sale pursuant to a license or renewal of license issued under this
chapter shall discontinue the operation of such business in the City
upon the expiration of the license or the expiration of any renewal
of such license.
