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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)
Application for a license to conduct a sale regulated by this article shall be made to the License Officer at least ten (10) days prior to such sale in such form and manner as prescribed by the Council, but containing at least the following information:
A. Personal Information: The name and address of the person for which an application is made and the name and address of the owner or owners (if a partnership or corporation, the names and addresses of partners, officers and managers) of the goods to be the object of the sale;
B. Length Of Time In Business: The length of time the person has been in business in the City and the length of time the person has been in business at the address at which the sale is to be held;
C. Previous Sales: Whether, and when, any sales enumerated by this article have previously been held by said applicant, including the date and location of said sales;
D. Manner Of Sale: A statement explaining the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;
E. Dates: The dates of the period of time within which the sale is to be held;
F. Location: A description of the place where said sale is to be held;
G. Inventory: An inventory describing generally the goods to be offered for sale at said sale. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder, and any goods purchased within thirty (30) days before the filing of an application hereunder shall be deemed to have been goods ordered in contemplation of a sale regulated by this article. (1952 Code § 5-01-04)
A. Application And Fee Submitted: An applicant for a license hereunder shall submit to the License Officer with his application a nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule.
B. Term Of License: The license, if the application is approved by the Licensing Officer, shall authorize the sale described in the application for a period of not more than sixty (60) consecutive days, Sundays and holidays excluded, following the date of issuance thereof.
C. Extension Of Term: Upon payment of an additional nonrefundable license fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule, the License Officer may renew or extend a license for one period of time only, such period to be in addition to the period of time permitted in the original license, and such renewal shall not exceed thirty (30) consecutive days, Sundays and holidays excluded, when the Licensing Officer finds:
1. That facts existing justify the license renewal;
2. The licensee filed an application for renewal;
3. The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included on the original application and inventory;
4. The license or renewal thereof shall authorize only the type of sale described in the application at the location named therein;
5. The license shall authorize only the sale of goods described in the inventory attached to the application.
D. Bond Amount: The applicant for a license hereunder shall tender with the application a bond in the sum of one thousand dollars ($1,000.00) conditioned upon the observance of this article and for the indemnification of any purchaser at such sale who suffers a loss by reason of misrepresentation. (1952 Code § 5-01-05)
A licensee hereunder shall have the duty to:
A. Additions Prohibited: Make no additions whatsoever during the period of the licensed sale to the stock of goods set forth in the inventory attached to the application for license.
B. Deceptive Advertising; Conduct Of Sale: Refrain from employing any untrue, deceptive or misleading advertising, and conduct the licensed sale in conformity with any advertising or holding out incident thereto.
C. Copy Of Inventory Available: Keep available at the place of sale a copy of the inventory submitted with the application and shall present such duplicate to the License Officer, his representative or any police officer upon request.
D. Other Goods Separate From Filed Inventory: Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction to the public by placing tags on all the inventoried goods in and about the place of sale apprising the public of the status of all such goods. Combining any additional or other goods with the goods inventoried shall cause the goods inventoried to lose its identity for the purposes of the sale and any such license issued shall cease to apply to the sale of such goods. (1952 Code § 5-01-06)
Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-01-07; amd. 2019 Code)
SECTION:
3-1C-1: Excessive Price Increases Prohibited
Upon proclamation of public emergency involving or threatening the lives, property or welfare of the citizens, or for which a local disaster or emergency is declared by the President of the United States, Governor of Idaho, or the Mayor and/or Council, and for a period of thirty (30) days from the date such declaration is terminated, it shall be unlawful for any person, contractor, business or other entity to sell or offer to sell any consumer food items, repair or reconstruction services, emergency or medical supplies or gasoline for an amount which exceeds ten percent (10%) of the highest price charged by such person, contractor, business or other entity for said goods or services in the ten (10) days immediately prior to the proclamation of emergency. Violation of this chapter is a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 5-37-01; amd. 2019 Code)