Skip to code content (skip section selection)
Compare to:
SEC. 103.308.  SALES – FIRE AND CLOSING OUT.
 
   (a)   Definitions.  As used in this section:
 
   1.   “SALE” means any sale of, or any offer to sell, to the public, or any group thereof, goods, wares or merchandise on order, in transit or in stock, in connection with a declared purpose as set forth by advertising that such sale is anticipatory to or to avoid the termination, liquidation, revision, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and
 
   (Amended by Ord. No. 119,432, Eff. 8/13/61.)  All sales advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale the business or that portion thereof being conducted at any location will cease, be removed, be interrupted, discontinued or changed; and all sales advertised to be “Adjuster’s Sale,” “Adjustment Sale,’ “Assignee’s Sale,” “Bankruptcy Sale,” “Benefit of Administrator’s Sale,” “Benefit of Creditor’s Sale,” “Benefit of Trustee’s Sale,” “Bought Out Sale,” “Building Coming Down Sale,” “Buy Out Sale,” “Close Outs,” “Closing Sale,” Closing Out Sale,” “Creditors’ Committee Sale,” “Creditors’ Sale,” “Damaged Goods Sale,” “Disposal Sale,” “End Sale,” “Executors’ Sale,” “Final Days Sale,” Fire Sale,” “Fixtures for Sale,” “Forced Out Sale,” “Forced Out of Business Sale,” “Insolvent Sale,” “Insurance Salvage Sale,” Last Days Sale,” “Lease Expires Sale,” “Lease Expiring Sale,” “Liquidation Sale,” “Loss of Lease Sale,” “Mortgage Sale,” “Out-selling Sale,” “Receiver’s Sale,” “Removal Sale,” “Reorganization Sale,” “Salvage Sale,” “Selling Out Sale,” “Smoke Sale,” “Smoke and Water Sale,” “Trustee’s Sale,” “Quitting Business Sale,” “Wholesale Closing Out Sale,” “We Quit Sale,” “We Give Up Sale,” or advertised by any other expression or characterization similar to any of the foregoing and calculated to convey a similar meaning; and
   All sales advertised in a manner calculated to indicate that the goods, wares or merchandise to be sold or any part thereof have been involved in any business failure or have been derived from a business which has failed, been closed, discontinued or liquidated; and
 
   All sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and
 
   All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods to be disposed of.
 
   2.   “ADVERTISING,” “ADVERTISEMENT,” “ADVERTISE,” “PUBLISH,” “PUBLICATION,” means any and all means, whether oral, written, lettered or printed, used for conveying to the public notice of the conduct of a sale as defined herein, or notice of intention to conduct such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisement, magazine, advertisement handbill, written or printed notice, printed display, billboard display, poster, and radio announcement.
 
   (b)   Permit Required.  No person shall advertise or conduct any sale of the type herein defined without a written permit from the Board.
 
   (c)   Application for Permit.  The Board may require the following information in an application:
 
   1.   Cause of Sale.  A recital of the facts in regard to the insurance bankruptcy, insolvency, assignment, mortgage, forecloser, administration, receivership, trusteeship, removal, executorship removal, or other cause advertised to be the reason for the proposed sale;
 
   2.   Inventory. (Amended by Ord. No. 119,432, Eff. 8/13/61.)  An inventory shall be submitted with the application on a form and in a manner prescribed by the Board which will clearly and readily identify the merchandise which is the subject of the sale. Special information tags shall be affixed upon such merchandise by the applicant whenever it is found necessary by the Board for identification or investigational purposes.
 
   (d)   Investigation. (Amended by Ord. No. 119,432, Eff. 8/13/61.)  The Board may make an audit or investigation of the applicant and his affairs in relation to the proposed sale.
 
   The Board may refuse a permit because of the insufficiency of the information set forth in the application, but shall grant the applicant permission to file an amended application.
 
   No permit shall be granted where an applicant has not been in business and had in his possession the goods, wares and merchandise for 60 days prior to filing the application except where the merchandise has been purchased for the express purpose of liquidating the same.
 
   (e)   Conditions of Permit. (Amended by Ord. No. 119,432, Eff. 8/13/61.)  A permit issued under this section shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than 30 calendar days. It shall only permit the sale of goods listed in said application. Such goods must be definitely separated from any other goods displayed at or within the store or place of business. All advertising, signs or notices calling attention to the sale must be confined to the goods involved in the sale. The Board may renew such permit for a period of 30 days. The application for renewal shall set forth a complete list of the goods listed in the original application which are unsold. Such application shall not include a list of goods, wares or merchandise not named in the original application.
 
   No sale shall be permitted at any one location for more than 60 calendar days in any one 12 month period unless there is proof of a complete change of business and parties of interest.
 
   (f)   Addition of Goods.  Permits shall be valid only for the advertising representation and sale of the particular goods, wares or merchandise described in the original application. Any renewal, replenishment or substitution of such goods, wares or merchandise, shall render such permit void. No person in contemplation of conducting any such sale or special sale, or during the continuance of such sale, shall order any goods, wares or merchandise for the purpose of selling them at such sale. Any unusual purchase or additions to the stock of such goods, wares or merchandise, within 60 days before the filing of such application for a permit to conduct such a sale shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling them at such sale.
 
   Each sale of goods, wares or merchandise not inventoried and described in the original application shall constitute a separate offense under this section.
 
   (g)   Loss of Identity.  A removal of any goods, wares or merchandise inventoried and described in the original application from the place of sale mentioned in such application shall cause such goods to lose their identity as the stock of any of the sales defined herein. No permits will be issued for the conducting of a sale of any such goods, wares or merchandise in such manner as to identify them with the store, store name, store owner or location referred to in the original application.
 
   (h)   Enforcement.  Upon commencement and throughout the duration of any sale, as herein defined, the permit issued by the Board shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such permit was issued, shall at all times be available to police officers and representatives of the Board. The permittee shall permit police officers and representatives of the Board to examine all merchandise in the premises for comparison with such stock list.
 
   (i)   Exemptions.  This section shall not apply to or affect the following persons:
 
   1.   Court Orders. Persons acting pursuant to an order or process of a court of competent jurisdiction;
 
   2.   Public Officers. Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals;
 
   3.   Auctioneer Permittees. Duly licensed auctioneers, selling at auction;
 
   4.   Publishers. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this section have not been complied with.
 
   (j)   Notwithstanding any other provision of this article to the contrary, the permit shall become immediately null and void and without force or effect upon failure to comply with any applicable provision of this section; or upon the using or providing of any false or misleading information in the application, inventory or advertising; or if any provisions of this article are violated; or if the advertising has been changed from that originally submitted and is false or misleading. (Added by Ord. No. 119,432, Eff. 8/13/61.)