Article 1. Auctions. (Repealed)*

*Article 1 of Chapter 2 of Title 6 was repealed in its entirety by §1, Ord. 1559, eff. February 3, 1983.

Article 2. Close-out Sales

6-2.201 Definitions.

Whenever used in this article, the following terms shall mean:

a. Close-out Sale. The sale or an offer to sell to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that such sale is anticipatory to the termination, closing, liquidation, revision, wind-up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a "fire sale", "adjustment sale", "alteration sale", "executor’s sale", "administrator’s sale", "insolvent sale", "insurance salvage sale", "mortgage sale", "assignee’s sale", "adjustor’s sale", "receiver’s sale", "loss-of-lease sale", "wholesaler’s close-out sale", "creditor’s committee sale", "forced-out-of-business sale", "removal sale" and any and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued at one or more locations.

b. Publish, Publishing, Advertisement, Advertising. Any and all means of conveying to the public notice of a Close-out Sale or notice of intention to conduct a Close-out Sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio or television announcement and any and all means including oral, written or printed. (§1, Ord. 1011, eff. April 15, 1970; and by §1, Ord. 1854, eff. 3/9/95)

6-2.202 Close-out Sale License Required.

No person or entity shall conduct or advertise a Close-out Sale without first obtaining a Close-out Sale License. An application for a Close-out Sale License shall be submitted to the Business License Coordinator in writing and shall contain the following information:

a. The name and address of the business conducting the sale;

b. The name and title of the person(s) managing the sale;

c. The location of the proposed sale;

d. The nature of the store occupancy;

e. The reason for the proposed sale;

f. The starting date of the proposed sale;

g. A full, true and correct inventory or statement setting forth the number, cost and description of the goods, wares, merchandise and personal property to be sold during the period of time the sale is to be conducted.

h. A fee in the amount established from time to time by resolution of the City Council.

Upon receipt of the foregoing, the Business License Coordinator shall issue a Close-out Sale License. Such license shall authorize the conduct of the respective sales therein licensed upon the days mentioned in the application; provided, however, all sales made under such license shall be made within a period of sixty (60) consecutive days including and following the first day of sale specified in the license. If the sale is not completed within the sixty (60) day period and if the licensee has engaged in the same business at the same location for more than five (5) years, the licensee shall have the right to renew the license for an additional period of thirty (30) days immediately following the first period upon submission of a declaration stating a date certain when the business will close and upon payment of an additional fee established by the City Council. The Business License Coordinator shall not issue any such license for a longer period than a combined total of ninety (90) days. (6213, as amended by Ord. 1011, eff. April 15, 1970, by §1, Ord. 1143, eff. August 30, 1972; and by §1, Ord. 1854, eff. 3/9/95)

6-2.203 Conduct of Close-out Sale.

a. No goods, wares, merchandise or personal property shall be permitted to be offered for sale except at a fixed place of business within the City of Walnut Creek and unless such goods have been continuously in the possession of the same owner at such fixed place of business for more than sixty (60) days immediately prior to such sale and unless such goods have been listed in the inventory filed with the application for the license.

b. A duplicate original of the application and inventory list pursuant to which such license was granted shall be available at all times to the Chief of Police or to his representatives and the licensee shall permit such representatives to examine all goods, wares, merchandise or personal property on the premises for comparison with such stock list.

At the close of business each day the stock list attached to such application shall be revised and items on such list disposed of during such day shall be noted hereon.

Suitable books and records as prescribed by the Chief of Police shall be kept by the licensee and shall be available at all times to representatives of the Police Department. (§1, Ord. 1011, eff. April 15, 1970; and by §1, Ord. 1854, eff. 3/9/95)

6-2.204 Continuing in Business Prohibited.

No person or entity, whether as owner, operator, employee or agent, shall conduct or engage in any business or trade at the same location where a Close-out Sale has been conducted less than one year previously, provided:

a. Such business or trade is the same as or similar to the business or trade conducted at the time of the Close-out Sale; and

b. Such person or entity was owner or operator of the business or trade at the time of the Close-out Sale. (6214a, as amended by §1, Ord. 1011, eff. April 15, 1970; and by §1, Ord. 1854, eff. 3/9/95)

6-2.205 Exemptions from Provisions.

No license fee required pursuant to the provisions of this chapter need be paid for the sale at auction or at public sale of any goods, wares, merchandise or property belonging to the United States, the State, County, City or any other governmental agency, or for any sale conducted under or by virtue of, or pursuant to, the authority of any process issued out of or by any duly constituted City, County, State or Federal court, commission or body, or for the bona fide sale of livestock or farming implements of the owner thereof at the domicile of such owner, or to the sale by the owner thereof of real property upon which his home, domicile or business is located; provided, however, nothing contained in this section shall operate or be construed to excuse or void the payment of any sales tax which may be payable under the provisions of the sales tax laws of the City. (6214a; as amended by §1, Ord. 1011, eff. April 15, 1970; and by §1, Ord. 1854, eff. 3/9/95)

6-2.206 Revocation and Suspension of License.

Any license issued under the provisions of this chapter may be suspended by the Business License Coordinator or the Chief of Police or their authorized representatives if any stock, merchandise or property other than that described in the statement and inventory furnished in connection with the issuance of such license or in connection with operations thereunder is offered for sale, or if any advertising or statement relating to such sale, or the stock, merchandise or property offered for sale thereat, is untrue or misleading and after such suspension, may be revoked or restored in the discretion of the Council. It shall be unlawful for any person to proceed with any sale under any license issued after the license has been suspended by the Business License Coordinator or the Chief of Police until such time as the Council shall have restored the same. In the event of suspension or revocation, no part of the license fee paid shall be refunded. (6214b; as amended by §1, Ord. 1011, eff. April 15, 1970; and by §1, Ord. 1854, eff. 3/9/95)