Chapter 5.12
DISTRESSED MERCHANDISE SALES

Sections:

5.12.010    License required.

5.12.020    Person defined.

5.12.030    Distressed goods, wares or merchandise defined.

5.12.040    Fee.

5.12.050    Supplemental license.

5.12.060    Application – Filing and endorsing.

5.12.070    False statement in application.

5.12.080    Commingling of goods.

5.12.090    Purchase made for purpose of commingling.

5.12.100    Goods added to original inventory prohibited.

5.12.110    Chapter exemptions.

5.12.010 License required.

No person shall advertise, represent or hold out that any sale of goods, wares or merchandise is a sale of distressed goods, wares or merchandise, removal or closing out sale in the city unless he has first obtained a license to conduct such sale from the city clerk. (Ord. 952 § 2, 1933).

5.12.020 Person defined.

“Person,” as used in this chapter, includes any person, firm or corporation in the city. The manager of any firm or corporation shall be deemed responsible for the obtaining of such license as well as such person, firm or corporation. (Ord. 952 § 3, 1933)

5.12.030 Distressed goods, wares or merchandise defined.

“Distressed goods, wares or merchandise,” as used in this chapter, includes all goods, wares and merchandise advertised as an insurance, bankruptcy, mortgage, insolvent, assignee’s, executor’s, administrator’s, receiver’s or trustee’s sale of goods, wares and merchandise, or a sale of goods, wares and merchandise advertised as damaged by fire, smoke, water or otherwise, or a sale of goods, wares and merchandise advertised as obtained by, through, as the result of, or by reason of any of the above named situations or contingencies. (Ord. 952 § 4, 1933).

5.12.040 Fee.

The license fee for such sale shall be the sum of $25.00, plus $2.00 for each $1,000 or fraction thereof, of the submitted inventory, for a period of three months. (Ord. 952 § 5, 1933).

5.12.050 Supplemental license.

Such application shall specify the period of time during which the sale may continue. This time shall not exceed three months, but if at any time during three months a sworn application is filed with the city council making it appear that all the goods in the original inventory have not been sold, accompanied by an inventory of what remains showing actual purchase price, a supplemental license shall be issued by the city clerk upon compliance by the applicant with the requirements of the original license and upon the payment of an additional license fee of $25.00 per day, which license shall continue in effect only as long as said daily license fee shall be paid and as shall comply with the provisions of this chapter.

Any application for a license under the provisions of this chapter covering any goods, wares or merchandise, previously inventoried and licensed, shall be deemed to be an application for a renewal under this section, whether presented by the original applicant or by any other person. (Ord. 952 § 6, 1933).

5.12.060 Application – Filing and endorsing.

The clerk shall file such applications and shall endorse on each application the date a license is granted or refused. (Ord. 952 § 7, 1933).

5.12.070 False statement in application.

It is unlawful to make a false statement in any such application. (Ord. 952 § 8, 1933).

5.12.080 Commingling of goods.

The license shall be valid only for the inventoried goods. Commingling of additional merchandise with that inventoried shall cause the merchandise inventoried to lose its identity as distressed goods and any such license issued shall cease to apply to the sale of such goods. If the inventoried stock is put on sale with other stock the same shall be deemed to be commingled unless sufficiently segregated and marked so that the difference can be readily ascertained. (Ord. 952 § 9, 1933).

5.12.090 Purchase made for purpose of commingling.

No person seeking a license shall secure goods, wares or merchandise prior to the application for a license for the purpose of commingling with the distressed stock, and any unusual purchase or addition to stocks within 60 days prior to application for a license shall be presumptive evidence that any such purchase or addition was made for the purpose of commingling at such sale. (Ord. 952 § 10, 1933)

5.12.100 Goods added to original inventory prohibited.

No person operating under such a license shall add any goods to the inventoried stock and no goods shall be sold except that included in the original inventory. Each sale of goods not so inventoried constitutes a separate offense under this chapter. (Ord. 952 § 11, 1933).

5.12.110 Chapter exemptions.

This chapter shall not apply to public or court officers or to any person acting under the direction of state or federal courts in the course of their official duties. (Ord. 952 § 12, 1933).