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HomeMy WebLinkAboutOrdinance 04-1999 - tabled indefinitely ORDINANCE NO. 4-99 AN ORDINANCE AMENDING THE REVISED CODE OF ORDINANCES OF THE CITY OF BROOKINGS PERTAINING TO GOING-OUT-OF-BUSINESS SALES. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS THAT CHAPTER 8 OF THE REVISED CODE OF ORDINANCES OF THE CITY OF BROOKINGS BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS, TO- WIT: Chapter 8 GOING-OUT-OF-BUSINESS SALES Art. 1.In General§§8-1--8-9 Art II.License§§8-10--8-20 ARTICLE I. In General Sec. 8-1. Definitions. The following words and terms, when used in this chapter, shall be defined as follows unless the context clearly requires a different meaning. Advertise. Any and all means of conveying to the public a notice of sale or notice of intention to conduct a sale whether by word of mouth,by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboaxd display, by poster, by radio or television announcement and any and all means, including oral, written or printed advertisements. Going-out-of-business sale. Any sale which is publicly advertised to be a termination of business sale and which includes specifically, although not exclusively, "quitting business sa1e," "benefit of creditors sale," "assignees' sale," "forced out of business sale," "insolvent sale," "we quit sale," "we give up sale," and any other advertising or designation by any other expression or characterization similar to any of the foregoing and calculated to convey substantially the same meaning, all sales accompanied by notices or advertising indicating that the premises are available for possession or lease or are otherwise to be vacated, all sales advertised in any manner calculated to convey to the public the information or belief that upon the disposal of the goods to be placed on sale, the business being conducted at such location will cease or be discontinued, any sale advertised or represented as anticipatory of, or to avoid the termination, discontinuance, conclusion, dissolution or abandonment of the business conducted at any location under same name. Sec. S-2. Certain sales excepted. The provisions of this chapter shall not apply to sales conducted by the following persons: (1) Persons acting pursuant to an order or process of a court of competent jurisdiction; (2) Persons acting in accordance with their powers and duties as public officials; (3) Auctioneers selling at auctions. Sec. 8-3. Continuation of sale prohibited. No person shall conduct a going-out-of-business sale, as defined in section 3-31, after the date specified for such sale, nor shall any person, upon conclusion of such sale, continue that business which had been represented as going-out-of-business under the same name, at the same location, or elsewhere within the city limits; nor shall any person, upon conclusion of such sale, continue business contrary to the designation of such sale. Sec. 8-4--8-9. Reserved. ARTICLE II. LICENSE Sec. 8-10. Required. No person shall advertise or conduct or cause to be advertised or conducted, any going-out- of-business sale without first having obtained a license for the sale; and it shall be unlawful for any person to advertise or conduct or cause to be advertised or conducted any such sale without complying with all the provisions of this chapter. Sec. 8-11. Application. Any person desiring to conduct a going-out-of-business sale shall make a written application to the city commission. Such application shall be verified by the affidavit of such owner/applicant before a person authorized to administer oaths, and each such application shall set forth and contain the following information: (1) The true name and address of the owner of the goods, wares, and merchandise to be the object of the sale and a description of the place or places where the goods, wares, and merchandise are located; (2) A description of the place where the sale is to be held; (3) The nature of the occupancy, whether by lease, sublease or otherwise and the effective date of the termination of the occupancy; (4) A full and complete statement of the facts in regard to the going-out-of-business sale and the reason for the urgent and expeditious disposal thereof and the manner in which the sale will be conducted and the dates during which the sale is to be conducted; (5) No person shall make any false statement in the application required by this article or in any advertisement or notice of any sales of goods, wares or merchandise. Sec. 8-12. Fees. Upon filing an original application for a license to advertise and conduct a going-out-of- business sale, the applicant shall pay to the city finance officer such fee as may be determined by resolution or ordinance of the city commission. If any application is disapproved, such payment shall be forfeited to the city as and for the cost of investigating the statements contained in such application. Sec. 8-13. Investigation of applicant. Upon receipt of the application for a license required by this article, the city commission may, in its discretion, make or cause to be made an examination, audit or investigation of the applicant and all of the facts contained in the application in relation to the proposed sale. The application shall be considered at the following city commission meeting. Sec. 8-14. Denial. The license required by this article shall be denied or refused by the city commission if any one (1) or more of the following facts or circumstances are found to exist: (1) That the applicant, either directly or indirectly and within eighteen(18) months prior to the date of the filing of the application, has conducted a sale in which it advertised or represented that the entire business conducted at the particular location was to be closed out or terminated; (2) That the applicant has heretofore been convicted of a violation of this article; (3) That the applicant or its agent or employee has failed, refused or neglected to furnish on demand to the city finance officer, its designee or such other person as may have been directed by the city commission to investigate the application, the facts connected with the stock on hand or any other information that may reasonably be required in order to make a thorough investigation of all phases connected with the sale so far as they relate to the rights of the public; (4) That there are any taxes due and owning upon the goods, wares or merchandise in the inventory or that any taa�es due under the provisions of state law have not been paid; (5) That the applicant's business for which a "going-out-of-business sale" license has been applied for, has not been an established business in the city and has not been doing business under the laws of the state and the ordinances of the city for a period of at least eighteen (18) months prior to applicant's request for such a license. Sec. 8-15. Revocation. The commission may revoke any license issued pursuant to the provisions of this chapter if it finds that the licensee has: (1) Violated any of the provisions of this chapter; (2) Made any material misstatement in the application; (3) Made or permitted to be made any false or misleading statements or representations in advertising the sale, or in displaying,ticketing or pricing wares or merchandise offered for sale. Sec. 8-16. Renewal. The city commission may, upon application, renew a license issued under the provisions of this chapter. The license may be renewed once for a period not to exceed thirty (30) days upon the affidavit and application of the licensee that no new goods have been or will be added to the inventory for the balance of the sale. The application for renewal of the license shall be submitted at least ten(10) days prior to the time of the expiration of the initial license. Sec. 8-17. Exclusiveness of license. If the applicant for a going-out-of-business sale license owns, conducts or operates more than one (1) store or branch store and only one (1) store or branch store is to go out of business and cease operations, the license issued shall apply only to the one (1) store or branch for which such license was applied for and issued, and no other store or branch may advertise or represent in any way that it is cooperating with or participating in any licensed going-out-of-business sale, nor shall the licensed store or any person advertise or represent that any other store or branch of a chain or group of stores is cooperating with or participating in any licensed going-out-of- business sale. Sec. 8-18--8-20. Reserved. FIRST READING: January 12, 1999 SECOND READING: January 26, 1999 PUBLISHED: TABLED INDEFINETLY CITY OF BROOKINGS Mayor ATTEST: Finance Officer