Chapter 11 · Licenses, Permits and Miscellaneous Business Regulations

ARTICLE 3. CLOSEOUT AND OTHER SALES

Sections 11-301 to 11-308 · 8 sections

11-301 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Applicant” — means any person applying for a closeout sale license under this article.

“Application” — means any application for a closeout sale license under this article.

“Closeout sale” — means any of the following types of sales of foods, wares or merchandise at retail, in the city, separately or in combination:

(1) An altered goods sale, being a sale held out in such manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means;

(2) A going-out-of-business sale, being a sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand, the business will cease and be discontinued; or

(3) A removal of business sale, being a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale, upon disposal of the stock of goods on hand, and will then move to and resume business at a new location in the city, or will then continue business from another existing location in the city.

“Goods” — means the goods, merchandise or wares proposed to be sold at any closeout sale governed by this article.

“License” — means a closeout sale license as provided in this article.

(Ord. No. 2291, 5-5-1982)

11-302 Exceptions to article provisions.

The provisions of this article shall not be applicable to:

(1)Trustees or debtors in possession in bankruptcy, executors, administrators, receivers or other public officers, acting under judicial process;

(2)Persons conducting altered goods sales on a regular basis, in the ordinary course of business;

(3)Auctioneers conducting auction sales; and

(4)Any sale of real estate.

(Ord. No. 2291, 5-5-1982)

11-303 Place of sale.

All closeout sales shall be conducted in the place of business described in the application and license.

(Ord. No. 2291, 5-5-1982)

11-304 License required.

It shall be unlawful for any person to advertise or conduct or carry on in the city any closeout sale, without first obtaining from the city clerk a license for such closeout sale, to be known as a closeout sale license.

(Ord. No. 2291, 5-5-1982)

11-305 Application.

The application for a license shall be in writing, and shall contain the following:

(a)The application shall specify:

(1)The place and manner of conducting such closeout sale; and

(2)If the closeout sale is a sale of altered goods, the application shall further state the nature of the injury caused to the goods, whether by fire, smoke, water or otherwise.

(b)The application shall be signed by the applicant or the duly authorized agent of the applicant, and shall be sworn to upon oath, stating that the information given in the application is full and true and known by the applicant to be so, and that the applicant is duly authorized to make the application.

(Ord. No. 2291, 5-5-1982)

11-306 Fees.

No fee shall be charged for obtaining a closeout sale license.

(Ord. No. 2376, 4-4-1984)

11-307 Renewal.

The city clerk shall renew a license for 30 days, in addition to the 30 days permitted in the original license, and not to exceed 60 total consecutive days, when the city clerk shall find that:

(1)Facts exist justifying the license renewal; and

(2)The applicant has filed an application for renewal; and stating reasons justifying the renewal.

(Ord. No. 2291, 5-5-1982)

11-308 Number limited.

No more than two closeout sale licenses shall be issued to any one person within a 12-month period.

(Ord. No. 2291, 5-5-1982)