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A. First License: Application for a license shall be made in writing to the city clerk on a form to be approved by the city council, and shall be verified by the applicant. Upon receipt of the application and payment of the fee prescribed by this article, the city council shall cause the application to be examined and investigated. The application shall contain the following information:
1. A description of the place where the closing-out sale is to be held.
2. The nature of the occupancy of the premises, whether by ownership, lease or sublease.
3. The effective date of the termination of the occupancy.
4. The means to be employed in publishing the sale.
5. The proposed language to be used in the advertisements to indicate the nature of the sale.
6. A statement of the intention of the applicant for the license in holding the sale.
7. A statement in what manner the descriptive name for the sale is, in fact, descriptive of the sale.
8. A statement as to whether or not any merchandise of any kind, quantity or description has been purchased by or delivered to the applicant for the purpose of being included in the sale.
9. A statement that applicant agrees not to purchase or accept delivery of any merchandise, goods or wares of any kind, nature or description to be sold at the sale after the date of the application.
B. Renewal License: Any licensee who desires a renewal license pursuant to this article shall make application for the renewal license in writing to the city clerk on a form to be approved by the city council, and which shall be verified by the licensee. The application shall contain the following information:
1. A description of the place where the closing-out sale is to be held.
2. The nature of the occupancy of the premises, whether by ownership, lease or sublease.
3. The effective date of termination of the occupancy.
4. The means to be employed in publishing the sale.
5. The proposed language to be used in the advertisements to indicate the nature of the sale.
6. A statement of the intention of the applicant in holding the sale.
7. A statement in what manner the descriptive name is, in fact, descriptive of such sale.
8. A statement as to whether or not any merchandise of any kind, quantity or description has been purchased by or delivered to the applicant for the purpose of being included in the sale.
9. A statement that the applicant agrees not to purchase or accept delivery of any merchandise, goods or wares of any kind, nature or description to be sold at the sale after the date of the application.
10. The approximate proportion of the original inventory on hand at the time of commencing the sale that still remains on hand and unsold. (Rev. Ord. 1952, Comp. 1941, p. P-33)
A. Surety Bond Prerequisite: Before a license shall be issued by the city council, the applicant for the license shall execute and deliver to the city a bond in the penal sum of one thousand dollars ($1,000.00) signed by the applicant, and also signed by a surety company duly authorized to transact business in the state, which bond shall be conditioned upon the faithful observance of the provisions of this article, and also conditioned to reimburse and indemnify any purchaser at the closing-out sale held by the applicant for any loss incurred or damage sustained by the purchaser by reason of misrepresentation or fraud in the sale of any such goods, wares or merchandise.
B. Required Findings: If, upon investigation, the facts as represented by the application for the license are found to conform to the representations on the application; if the reason given for the sale is satisfactory; if there appears to have been no stockpiling of merchandise for sale; there has been no fraud or deception in the application; and the advertisements proposed to be used truly represent the facts and are not fraudulent or misleading to the public, the city council may issue a license permitting the publication and conduct of the sale.
C. Term Of License:
1. A license shall be valid for a period not exceeding sixty (60) days, except that upon satisfactory proof by the licensee that the stock on hand at the time of the original application has not been disposed of, upon proper application, the city council shall cause the same to be examined and investigated; and if it is satisfied as to the truth of the statements contained in the renewal application, the city council may issue a renewal license for one or more consecutive periods of thirty (30) days duration upon payment of the renewal fees therefor.
2. Upon the termination of the closing-out sale, no license shall be issued to the licensee applicant for the period of one year from the closing-out sale.
D. License And Stock List Displayed: Upon commencement of closing-out sale, the license shall be permanently displayed near the entrance to the premises. A duplicate original of the application for the license, and the stock list pursuant to which a license was issued, shall at all times be available to the city council or to the inspector, and the licensee shall permit the inspector to examine all merchandise on the premises for comparison with the stock list at any and all times during the period of the sale.
E. Advertisements: All advertisements or advertising, and the language contained therein, shall be in accordance with the purpose of the sale as stated in the application pursuant to which the license was issued, and the wording of the advertisement shall not vary from the wording as indicated in the application. The advertising shall contain a statement in these words: "Sale held pursuant to License No. of the City of Waterloo, Iowa, granted the day of 20 ;" and in such blank spaces shall be indicated the license number and the requisite dates.
F. Books And Records: Books and records of the sale shall be kept by the licensee and shall at all times be available to the inspector. (Rev. Ord. 1952, Comp. 1941, p. P-33)
A. Upon the filing of an application for an original license, the applicant therefor shall pay the following fees:
1. If the applicant is a resident merchant, the following fees shall be charged:
Value Of Stock Of Goods On Hand | License Fee |
$5,000.00 or less | $ 30.00 |
$5,000.00 but not more than $15,000.00 | 60.00 |
In excess of $15,000.00 | 100.00 |
2. If the applicant is a transient merchant, the following fees shall be charged:
Value Of Stock Of Goods On Hand | License Fee |
$5,000.00 or less | $150.00 |
$5,000.00 but not more than $15,000.00 | 300.00 |
In excess of $15,000.00 | 500.00 |
B. If any application or renewal application is disapproved, one-half (1/2) of the license fee paid shall be retained by the city as and for the cost of investigating the statements made in the application or renewal application.
C. The license fee for each thirty (30) day renewal period shall be one-half (1/2) of the respective fee for an original license.
D. All inventory figures set out in this section shall be computed at the applicant's cost price. (Rev. Ord. 1952, Comp. 1941, p. P-33)
A. Fraudulent Or Misleading Advertising: It shall be unlawful for a licensee to advertise or cause to be advertised, goods, wares, or merchandise, for a closing-out sale, which do not conform to the representations of the advertisement. It shall be unlawful for a licensee to publish, or cause to be published, advertising falsely representing the reason for a closing-out sale.
B. Increasing Inventory: It shall be unlawful for any licensee publishing or conducting a closing-out sale, to purchase or add to the stock of goods offered for sale, any goods during the closing-out sale or during the effective period of the license, or to sell any goods at the closing-out sale except those on hand at the time of application for the license. (Rev. Ord. 1952, Comp. 1941, p. P-33)
If at any time during a closing-out sale, the city council shall determine that any of the provisions hereof or any of the statements in the application for the license were untrue, or have been or are being violated by the licensee, the city council may immediately revoke the license, and it shall thenceforth be unlawful for the licensee to continue the sale until a new license is issued in accordance with the terms of this article. (Rev. Ord. 1952, Comp. 1941, p. P-33)
Any applicant for a license, or any licensee who shall violate, neglect or refuse to comply with any of the provisions of this article, or who shall make a false statement in any application for a license, shall be guilty of an offense, and upon conviction thereof, be punished as provided in the general penalty in Section 1-3-1 of this code, and any license issued shall be revoked. (Rev. Ord. 1952, Comp. 1941, p. P-33)
ARTICLE F. MOBILE FOOD BUSINESS
SECTION:
3-4F-1: Definitions
3-4F-2: License Required
3-4F-3: Exemption From License
3-4F-4: Application For License
3-4F-5: Issuance Of License
3-4F-6: Conditions Of License
3-4F-7: Transferability Of License
3-4F-8: Mobile Food Business On Public Property
3-4F-9: Mobile Food Business On Private Property
3-4F-10: Mobile Food Business At Special Events And Carnivals
3-4F-11: Hours Of Sale
3-4F-12: Insurance
3-4F-13: Music, Light, And Sound Making Devices
3-4F-14: Litter
3-4F-15: Appeal
3-4F-16: Denial, Suspension, Or Revocation Of License
3-4F-17: Penalty
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