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City of Hollywood Code of Ordinances
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CHAPTER 117: BANKRUPTCY, CLOSING OUT SALES
Section
   117.01   License required to conduct closing out sale
   117.02   Application; fee; term
   117.03   Payment of personal property taxes; re-engaging in same business
   117.04   Supplemental licenses
   117.05   Inventory of stock
   117.06   Authority of City License Inspector to investigate
   117.07   Public auction permissible
   117.08   Sales by public officers; judicial sales
   117.09   Violations
§ 117.01 LICENSE REQUIRED TO CONDUCT CLOSING OUT SALE.
   (A)   A license shall be required to conduct a closing out sale, the license fee to be determined by the length of sale, not to exceed 60 days. Every person conducting such a closing out sale must file with the Department of Financial Services an inventory containing a complete and accurate list of the stock of goods, wares and merchandise on hand to be sold at such sale. The inventory shall contain the cost price of the respective articles enumerated.
   (B)   The period of time during which a closing-out sale may be conducted shall not exceed 60 days, after which time the city license shall be invalid.
   (C)   Any person taking over bankruptcy stock for the purpose of conducting a closing-out sale shall be required to obtain a city license based on the length of sale, not to exceed 60 days.
   (D)   After once filing notice with the Department of Financial Services of intent to conduct a closing out sale and following the 60-day time during which the sale may be conducted, no such person shall reengage in the same business at the same location.
('72 Code, § 19-40) (Ord. O-72-117, passed 6-28-72; Am. Ord. O-2007-07, passed 4-18-07)
   (E)   No person shall engage in, manage or conduct at retail, within the city, any sale of goods, wares or merchandise, under the circumstances stated in this chapter without having first obtained a license to conduct such sale, to be known as a “Closing out sale license.” Every person is hereby required to obtain such license before such person shall at retail conduct a sale or advertise for sale any goods, wares or merchandise of a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor, receiver, wholesaler, jobber, manufacturer or any business that is in liquidation, that is closing out, closing or disposing of its stock or a particular part or department thereof, that has lost its lease or has been or is being forced out of business, that is disposing of stock on hand because of damage by fire, water, smoke or other cause or that for any reason is forced by circumstances to dispose of stock on hand. Every person is hereby required to obtain such license before such person shall conduct a sale of or advertise goods, wares and merchandise for sale, of such advertisement or representation, express or implied, tends to lead people of the city to believe that such sale is a selling out or closing out of the business conducting the sale.
('72 Code, § 19-68) (Ord. 2130-A, passed - - )
Penalty, see § 10.99
§ 117.02 APPLICATION; FEE; TERM.
   (A)   Application. Every person requiring a closing out sale license shall make an application in writing to the City Clerk on an application form provided by the City Clerk and attach thereto an inventory containing a complete and accurate list of the stock of goods, wares and merchandise on hand to be sold at such sale and shall have attached thereto an affidavit by the applicant for such license or his duly authorized agent, from which it shall appear that the information set forth in such inventory is true and correct to the knowledge of the person making such affidavit. The affidavit shall include the names and addresses of the principals, such as the partners, officers and directors and the principal stockholders and owners of the business and the inventoried merchandise. The inventory shall contain the cost price of the respective articles enumerated therein, together with the date of such purchases and the identity of the seller. If the goods, wares and merchandise were purchased by applicant or the person for whom he is acting as agent, for a lump sum, or other circumstances that make the listing of the cost price for each article impracticable, such inventory shall state the lump sum paid for such goods, wares and merchandise, and the circumstances of the purchase of the same. The applicant shall further specify the name and addresses of the applicant, and, if an agent, the person for whom he is acting as an agent, the place at which the proposed sale is to continue, which time shall not exceed 60 successive days, Sundays and legal holidays excepted, from the date of the issuance of such license.
('72 Code, § 19-69)
   (B)   Fee. The fee for a closing out sale license shall be as provided by § 110.40(B).
('72 Code, § 19-70)
   (C)   Term. The duration of this license shall not exceed 60 days from the date of issuance.
('72 Code, § 19-71)
(Ord. 2130-A, passed - - )
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