CHAPTER 5
CLOSING-OUT SALES
CLOSING-OUT SALES
SECTION:
4-5-1: Permit Required; Application Requirements; Fee; Issuance
4-5-2: Permit; Application Endorsed With Date Of Filing And Kept As Record
4-5-3: Permit; Application Containing False Statements
4-5-4: Only Goods Described In Application Covered By Permit
4-5-5: Ordering New Goods In Contemplation Of Sale Unlawful
4-5-6: Adding Merchandise During Sale Unlawful
4-5-7: Advertising
4-5-8: Liability Of Advertisement Publishers
4-5-9: Exemptions
4-5-10: Violation; Penalty
(A) It is unlawful for any person to advertise, represent or hold out that any sale of goods, wares and merchandise is an insurance, bankruptcy, liquidation, mortgage, insolvent's, assignee's, executor's, administrator's, receiver's, removal or closing-out sale, or any particular department of such stock of goods, wares and merchandise, under the guise of discontinuing that particular department, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership or trusteeship, or to conduct such a sale, unless he has first obtained a permit to conduct such a sale from the City Manager of the City.
(B) For the purpose of this Chapter, "person" includes corporation, partnership, firm and association.
(C) The City Manager, or any other City officer designated by the City Manager, shall at all times have the power and it shall be his duty to make examination or investigation of the business and the books, records and accounts, and other papers pertaining thereto, of any company or individual theretofore permitted or authorized to conduct such sales.
(D) The applicant for such a permit shall make application therefor to the City Manager of the City, and at the time of such application shall pay a minimum filing fee of ten dollars ($10.00), plus additional fees based upon the length of time the business operated as follows:
1. A period of six (6) months or less prior to the date of the application is filed, two hundred fifty dollars ($250.00) plus ten percent (10%) of gross sales.
2. More than six (6) months, but less than two (2) years, twenty five dollars ($25.00) plus three percent (3%) gross sales.
3. More than two (2) years, five dollars ($5.00).
(E) Said application must be in writing and under oath, showing all the facts in regard to the insurance, bankruptcy, liquidation, mortgaging, insolvency, assignment, administration, receivership, trusteeship, or removal by reason of which such sale of goods, wares or merchandise, by fire, smoke, water or otherwise, and showing all the facts in regard to the sale which he proposes to conduct and the place and manner of conducting the same, including an inventory of the goods, wares and merchandise to be sold at such sale, and a statement of the names of the persons from whom the goods, wares and merchandise so to be sold were obtained, the date of the delivery of such goods, wares and merchandise to the person applying for the permit, and the place from which said goods, wares and merchandise were last taken and all details necessary to fully identify the goods, wares and merchandise so to be sold. Such application shall specify the proposed period of time over which such sales shall continue, which period shall not exceed three (3) months.
(F) The City Manager shall not grant any permit under this Chapter until the application therefor has been referred to the Chief of Police for his investigation and report thereon; provided, that it shall be made to appear upon sworn application to the City Manager at any time during said period of three (3) months, that all of the goods, wares and merchandise described and inventoried in the original application have not been sold, accompanied by a statement or inventory of what remains thereof, a permit supplemental to the one provided for in this Chapter may be issued by said City Manager upon the same terms and conditions as said original permit granting authority to continue such sale for a further period of three (3) months. Such original application shall also specify the type of sale the applicant proposes to advertise or conduct.
(G) If the City manager is satisfied that said proposed sale is of the character represented by the applicant and that neither the applicant nor any of its officers, directors or members have violated this Chapter, a revokable permit shall be issued to the person applying for the same, authorizing the advertising and conduct of a sale of the particular kind mentioned in the application, in accordance with the requirements of this Chapter. (Ord. 549, 1987)
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