HomeMy WebLinkAboutOrdinance 23-2000 •
ORDINANCE NO. 23-00
AN ORDINANCE AMENDING DIVISION 2. OF CHAPTER 3 OF THE REVISED
ORDINANCES OF THE CITY OF BROOKINGS AND PERTAINING TO LICENSES FOR
GOING-OUT-OF BUSINESS SALES.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF
BROOKINGS, STATE OF SOUTH DAKOTA,AS FOLLOWS:
I.
DIVISION 2. LICENSE FOR GOING-OUT-OF-BUSINESS SALES
Sec. 3-40. 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. 3-41. Application.
Any person desiring to conduct a going-out-of-business sale shall make a written
application and submit the application to the city clerk. 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. 3-42. 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 such fee as may be determined by
resolution or ordinance of the city council. If any application is disapproved, such payment shall
be refunded to the applicant.
Sec. 3-43. Investigation of applicant.
Upon receipt of the application for a license required by this article, the city manager
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 by the city manager who is authorized to approve or deny the
license.
Sec. 3-44. Denial.
The license required by this article shall be denied or refused by the city manager if any
one (1)or more of the following facts on 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 previously 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 clerk, its designee or such other person as may have
been directed by the city manager to investigate the application, the facts
connected with the inventory 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 taxes 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. 3-45. Revocation.
The city manager 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. 3-46. Renewal.
The city manager 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.3-47. 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. 3-48--3-50. Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: July 24, 2000
SECOND READING: August 14, 2000
PUBLISHED: August 18, 2000
CITY OF BROOKINGS, SOUTH DAKOTA
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