3-1A-28: UNLAWFUL ACTS:

It shall be unlawful for any applicant or licensee, or any of his respective employees, agents or affiliates to:

   A.   Fraud, False Statements: Engage in fraud, misrepresentation or to make a false statement in an application for a license or an application for renewal of a license;

   B.   Failure To Obtain License Or Permit: Fail to obtain all required licenses and permits. Each day a person fails to obtain all required licenses shall constitute a separate violation;

   C.   Failure To Report: Fail to report a licensee's failure to maintain all of the qualifications and none of the disqualifications as required by this article or the pertinent licensing chapter or article;

   D.   Refusal Of Compliance Inspections: Refuse to allow the Chief of Police, City Clerk's Office or their designees to conduct compliance inspections; or

   E.   Violations: To violate any of the provisions of this article. (Ord. 39-15, 8-25-2015)

3-1A-29: RESPONSIBILITIES OF LICENSEES:

Every licensee is responsible for ensuring that his respective employees, agents and affiliates are familiar with the applicable policies, standards, laws and ordinances applicable to the license issued to him by the City. (Ord. 39-15, 8-25-2015)

3-1A-30: PENALTY:

The violation of any of the provisions of section 3-1A-28 of this article is punishable as a general misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. In addition to a criminal penalty, the violation of any of the provisions of this article may result in either the suspension or revocation of a license. (Ord. 39-15, 8-25-2015; amd. 2019 Code)

ARTICLE B. GOING OUT OF BUSINESS, CLOSING OUT SALES

SECTION:

3-1B-1: Definitions

3-1B-2: Applicability Of Regulations

3-1B-3: License Required

3-1B-4: Application For License

3-1B-5: License Fee, Term And Bond

3-1B-6: Duties Of Licensees

3-1B-7: Penalty

3-1B-1: DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in article A of this chapter, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

APPLICANT: A person making application for a license or the renewal thereof.

COUNCIL: The Council of Boise City.

FIRE AND OTHER ALTERED GOODS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other like causes or means.

GOING OUT OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand the business will cease and be discontinued, such sale including, but not limited to, the following kinds of sales: adjustors; adjustment; alteration; administrators; assignees; bankruptcy; benefit of administrator or executor; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditors; end; executor; final days; force out; forced out of business; insolvency; insurance; last days; lease expires; liquidation; loss of lease; mortgage; receivers; trustees; and quitting business.

GOODS: Any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.

LICENSE OFFICER: The City Clerk.

PERSON: A person, firm, partnership, association, corporation, company or organization of any kind.

REMOVAL OF BUSINESS OR CLOSING OUT SALE: A sale held in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City, or will then continue business from other existing locations in the City; provided, however, that the sale closing out of a line or type of goods not resulting in the cessation of the entire business shall not be deemed a removal of business or closing out sale. (1952 Code § 5-01-01; amd. 2019 Code)

3-1B-2: APPLICABILITY OF REGULATIONS:

Except as to an application for a fire and other altered goods sale made within thirty (30) days from the date such goods were damaged by fire, smoke, water or other like causes or means:

   A.   Persons Available To Apply: Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license, except that on the death of a person doing business in this City, his or her heirs, devisees or legatees shall have the right to apply for a license hereunder.

   B.   Sales Within One Year: Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year last past from the date of such application shall not be granted a license.

   C.   Branch Businesses: Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.

   D.   Persons Not Affected: The provisions of this article shall not apply to or affect the following persons:

      1.   Persons acting pursuant to an order or process of a court of competent jurisdiction;

      2.   Persons acting in accordance with their powers and duties as public officials;

      3.   Duly licensed auctioneers selling at auction; or

      4.   Any publisher of a newspaper, magazine or other publication, who publishes in good faith, any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this article have not been complied with. (1952 Code § 5-01-03)

3-1B-3: LICENSE REQUIRED:

Except as to sales under judicial process and prior to obtaining a license to hold or conduct a sale pursuant to the provisions of this article, it shall be unlawful for any person to sell or offer to sell any goods at a sale to be advertised or held out by any means constituting any one of the following kinds:

   A.   Fire, distress and other altered stock sale;

   B.   Going out of business sale; and

   C.   Removal of business or closing out sale. (1952 Code § 05-01-02)