Chapter 5.20
CONTROLLED SALES
Sections:
5.20.010 Controlled sale defined.
5.20.040 Permit – Application – Fee.
5.20.050 Permit – Application – Contents.
5.20.060 Permit – Application – Investigation.
5.20.080 Permit – Term – Conditions.
5.20.100 Operating conditions.
5.20.120 Repealed.
5.20.010 Controlled sale defined.
In this chapter, "controlled sale" means sale of goods or merchandise of any kind which is held out or represented to be an insurance sale, bankrupt sale, liquidation sale, insolvent sale, a removal or closing-out sale, or a sale of damaged goods or merchandise of any kind or sale of goods or merchandise from the stock of a bankrupt receiver, trustee or insurance company. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-301).
5.20.020 Exceptions.
This chapter does not apply to a sale conducted by a public officer under a statute authorizing him to conduct the sale or any other person acting under the order or authority of a court. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-312).
5.20.030 Permit – Required.
No person may advertise a controlled sale or hold a controlled sale without a permit from the city to do so. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-302).
5.20.040 Permit – Application – Fee.
A person desiring to advertise or conduct a controlled sale shall apply to the city manager for a permit to do so. At the time of filing an application, the applicant shall pay a fee based upon the following schedule:
A. One hundred dollars if the applicant has been in business for six months or less;
B. Twenty-five dollars if the applicant has been in business for more than six months but less than two years;
C. Five dollars if the applicant has been in business for two years or more. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-303).
5.20.050 Permit – Application – Contents.
A person desiring a permit shall file an application on a form prescribed by the city manager. In addition to other information, the application shall contain:
A. All facts concerning the sale, including an inventory of the goods or merchandise to be sold;
B. A statement of the names of persons from whom the goods and merchandise were obtained, together with the date of delivery to the applicant and other details necessary to identify the goods and merchandise to be sold;
C. The duration of the sale. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-304).
5.20.060 Permit – Application – Investigation.
When a person files an application for a permit to advertise and hold a controlled sale, the city manager may refer it for investigation and report. In conducting the investigation, the city may examine the business, books, records and accounts of the applicant. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-306).
5.20.070 Permit – Issuance.
The city manager may issue the permit if he finds that:
A. The proposed controlled sale is of the character reported by the applicant;
B. The applicant is of good moral character;
C. The applicant and each of the applicant’s officers, directors, or firm members have not violated this chapter;
D. The advertising and the conducting of the sale will not be injurious to the public health, safety and welfare. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-307).
5.20.080 Permit – Term – Conditions.
A. The permit is valid only for the sale of goods or merchandise described in the application and for the location and duration specified in the permit.
B. The applicant may not add goods or merchandise to his inventory after filing the application. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-308).
5.20.090 Permit – Revocation.
The city manager may revoke a permit without notice if he finds that the applicant has made a false statement in his application or has violated any term or condition of the permit or any provision of this chapter. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-310).
5.20.100 Operating conditions.
No person may advertise or conduct a controlled sale for a period longer than 30 days; however, during the period of the controlled sale, the applicant may request an extension of the period of the controlled sale. The applicant requesting an extension of the period shall file a statement of the inventory remaining. If the city manager finds that all of the goods or merchandise described in the original application have not been sold, the city manager may extend the period of sale for an additional 30 days upon payment of an additional fee equal to one-half of the original application fee. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-305).
5.20.110 Unlawful acts.
It is unlawful for a person holding a permit to:
A. Remove the goods or merchandise described in an application from the place of sale;
B. Order or add additional goods or merchandise not described in the original application. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-309).
5.20.120 Violation – Penalty.
Repealed by Ord. 03-9. (Ord. 72-6 N.S. § 3, 1972; prior code § 5-311).