Chapter 5.28
GOING-OUT-OF-BUSINESS SALES
Sections:
5.28.010 Merchandise defined.
5.28.020 License required--Fee.
5.28.030 License application requirements.
5.28.040 Statement required in conjunction with application--Contents.
5.28.050 Basis in fact to be shown.
5.28.060 Address of premises to be filed.
5.28.070 Sales to be held on successive days--Time limit.
5.28.080 License may be revoked for violation.
5.28.090 Violation--Loss of license.
5.28.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
5.28.010 - Merchandise defined
"Merchandise," as referred to in this chapter, means all articles usually or customarily sold by the retail merchant to the public in the ordinary course of trade.
(Ord. 2182 §9, 1931).
5.28.020 - License required –Fee
Save as to sales under judicial process, it is unlawful for any person, copartnership, corporation or association to sell, dispose of or offer for sale in the city, by means of or under the title of bankrupt sales, closing out, removal, quitting business, or fire, or similarly designated title, whether the same be their property or whether they shall sell or offer the same for sale as agents, factors or employees of others, unless and until the person, firm, corporation or association desiring to hold such sale obtains a license therefor, and the fee for such license is the sum of thirty dollars.
In addition to the above, an additional twenty-five dollars shall be assessed for any new license issued under this chapter for the initial first year thereof. This assessment is necessary to defray the initial administrative costs in reviewing an initial application and issuance of a license therefor.
(Ord. 4753 §2, 1987; Ord. 2654, 1949; Ord. 2812 §1, 1931).
5.28.030 - License application requirements
Any person, copartnership, corporation or association desiring to hold a bankrupt or closing out sale, as in this chapter defined, shall file with the city clerk-treasurer, ten days previous to the opening day of such sale, a written application showing:
A. The name or names of the legal owners of the merchandise to be disposed of at the sale;
B. The name or names of those in legal possession of the merchandise;
C. The name or names of those who will actually dispose of the merchandise at the sale;
D. A complete itemized inventory of the merchandise;
E. A receipt or other reasonable evidence from officials of Thurston County showing that any taxes due on the merchandise, if taxed or taxable, have been paid.
(Ord. 2182 §2, 1931).
5.28.040 - Statement required in conjunction with application –Contents
In submitting the application provided for in Section 5.28.030, the applicant shall make a statement declaring that the deceptive-advance-reduction method of attracting purchasers will not be resorted to in connection with the sale or the advertising thereof; that the applicant as an inducement to the securing of the permit does and pledge and obligate himself and/or herself, the corporation, firm, association or individual represented by the applicant to refrain from marking up or quoting or advertising articles of merchandise at a price above the average or ordinary retail market price of said articles, and/or at the same time, or at any time, marking down or quoting or advertising the price on such articles in comparison with the marked up, quoted or advertised prices or with any prices except the customary or usual prices the articles are usually sold or offered for sale at; an affirmative statement that the bankrupt sale, closing out sale, quitting business, removal or similarly designated sale is to be conducted in good faith as a result of a bankrupt condition to the applicant or that the applicant is quitting business at the end of such period of sale or that the applicant is removing his entire stock of merchandise from his present location to a new and different location in the city, or has actually suffered fire loss to such merchandise within thirty days from said date, and that no new stock shall be added except stock purchased or contracted by the original owner, or in transit, and an itemized statement of such new stock, or stock in transit, shall be filed with the city clerk-treasurer.
(Ord. 2654, 1949; Ord. 2182 §3, 1931).
5.28.050 - Basis in fact to be shown
No license shall be issued for a sale, as defined in this chapter, unless it appears that the applicant is in good faith disposing of his stock for the purpose of retiring from business or unless he is removing his herein inventoried stock to a new location, or unless he has suffered fire loss of a substantial amount within thirty days prior to the date of the application, or unless the character of other or similarly designated sales are based upon the foundation of fact or events which his announcement to the public regarding such sales are to be put forth as an inducement for patronage.
(Ord. 2182 §6, 1931).
5.28.060 - Address of premises to be filed
A statement of the street and number where the sale is to be conducted and of the present, immediate, past and future business addresses of the applicant must be filed with the city clerk treasurer.
(Ord. 2182 §4, 1931).
5.28.070 - Sales to be held on successive days –Time limit
All sales, as in this chapter defined, shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than thirty days in all, from the commencement of the sale.
(Ord. 2654 (part), 1949; Ord. 2182 §5, 1931).
5.28.080 - License may be revoked for violation
The city commission may revoke the license of any person, copartnership, corporation or association found guilty of violating this chapter and no new license shall be issued to such person within one year.
(Ord. 2182 §7, 1931).
5.28.090 - Violation –Loss of license
Any person who utters any false statement in making application for a license to conduct a sale or who fails to comply with agreements or pledges made in the application shall be deprived of his license, and no further license shall be issued to him for one year.
(Ord. 2182 §11, 1931)
5.28.100 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also OMC Chapter 4.44, Uniform Code Enforcement.
(Ord. 6081 §7, 2001; Ord. 2182 §10, 1931).