Chapter 5.76


5.76.010    Filing of inventory – License.

5.76.020    Inventory requirements.

5.76.030    Investigation.

5.76.040    Unlawful acts.

5.76.050    Misleading statements.

5.76.010 Filing of inventory – License.

It is unlawful for any person to advertise or conduct any sale of goods, wares or merchandise that is represented as an insolvent business, assignment for the benefit of creditors or closing out liquidation, or closing or going-out-of-business sale which represents or intends to lead the public to believe that upon the disposal of the goods to be placed on sale, the business being conducted in any subject location will cease, be removed, or discontinued, without first filing with the City the inventory of all goods, wares and merchandise which are the subject of any such sale and obtaining from the City a license to be known as “Going-out-of-business sale” license. The provisions of this chapter do not apply to foreclosures, bankruptcy, or other similar sales conducted under the direction or pursuant to the order of court of a governmental agency. This chapter shall not apply to sales of goods, wares and merchandise done in the usual and normal course of business and not for the purpose of going out of business or complete liquidation of all goods, wares and merchandise. [Ord. 1001 § 16, 1995; Ord. 454 § 1, 1968. Code 1987 § 5.52.010].

5.76.020 Inventory requirements.

The inventory shall contain a complete and accurate list of the stock of goods, wares and merchandise to be sold at any sale for which a license is required, together with the wholesale prices thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized, and by affidavit at the foot thereof he or such agent shall swear or affirm that the information therein given is full and true and known by him or such agent to be so. [Ord. 1001 § 16, 1995; Ord. 454 § 2, 1968. Code 1987 § 5.52.020].

5.76.030 Investigation.

The City may, in his discretion, verify the details of an inventory filed in accordance with LEMC 5.76.010, or he may check and verify the items of merchandise sold during the sale, and any person to whom a going-out-of-business sale license has been issued shall provide the City with all facts connected with the stock on hand or the proper information of goods sold or any other information that the City may reasonably require in order to make a thorough investigation of the sale. [Ord. 1001 § 16, 1995; Ord. 454 § 3, 1968. Code 1987 § 5.52.030].

5.76.040 Unlawful acts.

It is unlawful for any person to sell, offer or expose for sale at any such sale or to list on such inventory any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock, for the purposes of such sale, or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold from which records the City may ascertain the kind and quality or the number sold. [Ord. 1001 § 16, 1995; Ord. 454 § 4, 1968. Code 1987 § 5.52.040].

5.76.050 Misleading statements.

It is unlawful for any person conducting, managing or carrying on any sale as provided by this chapter to make any false or misleading statements or representations, either verbally or in writing, contrary to the provisions of this chapter. [Ord. 1001 § 16, 1995; Ord. 454 § 5, 1968. Code 1987 § 5.52.050].