Chapter 6.05
CONTROLLED SALES
Sections:
6.05.010 Definition.
6.05.020 Permit required.
6.05.030 Application.
6.05.040 Fee.
6.05.050 Investigation.
6.05.060 Issuance.
6.05.070 Conditions.
6.05.080 Revocation.
6.05.090 Period of sale – Extension.
6.05.100 Prohibited acts.
6.05.010 Definition.
As used 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 a sale of goods or merchandise from the stock of a bankrupted receiver, trustee, or insurance company. (1991 code § 6-15.1)
6.05.020 Permit required.
No person may advertise a controlled sale or hold a controlled sale without a permit from the city to do so. (1991 code § 6-15.2)
6.05.030 Application.
A. Required. A person desiring to advertise or conduct a controlled sale shall apply to the city manager for a permit to do so.
B. 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:
1. All facts concerning this sale, including an inventory of the goods or merchandise to be sold;
2. 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;
3. The duration of this sale. (1991 code § 6-15.3)
6.05.040 Fee.
At the time of filing an application, the applicant shall pay a fee based upon the schedule established by city council resolution. (1991 code § 6-15.4)
6.05.050 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. (1991 code § 6-15.5)
6.05.060 Issuance.
The city manager may issue the permit if he or she 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. (1991 code § 6-15.6)
6.05.070 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 or her inventory after filing the application. (1991 code § 6-15.7)
6.05.080 Revocation.
The city manager may revoke a permit without notice if he or she finds that the applicant has made a false statement in his or her application or has violated any term or condition of the permit or any provision of this chapter. (1991 code § 6-15.8)
6.05.090 Period of sale – Extension.
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. (1991 code § 6-15.9)
6.05.100 Prohibited 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. (1991 code § 6-15.10)