Chapter 5.14
CLOSING OUT SALES
Sections:
5.14.040 License—Term—Fee—Renewal.
5.14.080 Violation—Denial of license.
5.14.010 Purpose.
The purpose of this chapter is to prevent fraudulent or misleading sales, to regulate the sale and advertising for sale of certain goods, wares and merchandise; to provide for the licensing of certain sales and the renewals of said licenses and to provide penalties for the violation hereof. (Ord. 1459 § 1, 1980).
5.14.020 Definitions.
For the purposes of this chapter, the words or phrases set out in this section shall have the following meanings:
A. “Closing out sale” means any sale advertised or otherwise held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued;
B. “Distressed goods, wares or merchandise” includes all goods, wares and merchandise advertised as an insurance, bankruptcy, mortgage, insolvency, liquidation, liquidators, assignee’s, receiver’s or trustee’s sale, 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 a result of or by reason of any of the above named situations or contingencies;
C. “Person” includes any person, firm or corporation in the city, except a “temporary merchant” as defined in CMC 5.14.050;
D. “Removal sale” means any sale advertised or otherwise held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand, the business will cease and be discontinued at that business location. (Ord. 1459 § 2, 1980).
5.14.030 License—Required.
It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchandise, at retail, that is represented as a closing out sale, distressed goods sale, removal sale or any other sale which is by representation or advertising intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise in any business for less than the current or going retail price thereof in the city of Centralia, without obtaining from the city clerk a license to do so, to be known as a “closing out sale license.” Any person desiring to secure a closing out sale license shall make application for a license therefor to the city clerk. The application shall state the name and address of the person, firm or corporation applying for the same and shall specify the period of time during which the sale will continue, which shall not exceed two months, except as hereinafter provided. (Ord. 1459 § 3, 1980).
5.14.040 License—Term—Fee—Renewal.
All licenses issued shall be valid for a period of two months only unless renewed as hereinafter provided. The license fee for such sale shall be the sum of fifty dollars paid at the time such license is issued. If at any time during the two months an application is filed with the city clerk for an extension of said two-month period, a supplemental license shall be issued upon compliance by the applicant with the requirements of the original license and upon the payment of an additional license fee of fifty dollars per day, which license shall continue in effect only as long as said daily license fee shall be paid in advance. (Ord. 1459 § 4, 1980).
5.14.050 Temporary merchant.
Any person, firm or corporation who shall bring into the city of Centralia, Washington, a stock of goods, wares or merchandise, described as distressed goods, wares, or merchandise to be sold or disposed of at a special sale or sales, or at an auction sale or sales, shall be for the purposes of this chapter known as a “temporary merchant” and before selling or offering to sell any of such merchandise shall pay a license fee of fifty dollars per day as hereinafter provided. Any such person, firm or corporation known as a temporary merchant desiring to carry on such a business shall deposit the license fee for one day with the city clerk of the city of Centralia and take his receipt therefor, and if approved by the city council, the clerk shall be directed to issue him a license, and the said party so licensed shall, before making any sale, on each and every day thereafter pay to the city clerk-treasurer the sum of fifty dollars and a failure to make such payment before making any sale shall revoke such license and be deemed a violation of this chapter. (Ord. 1459 § 5, 1980).
5.14.060 Exception.
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 including but not limited to duly authorized personal representatives of estates. (Ord. 1459 § 7, 1980).
5.14.070 Violation—Penalty.
Violations of this chapter are declared to be misdemeanors and any person violating any of the provisions of this chapter, upon being convicted thereof, shall be punished by a fine of not exceeding five hundred dollars or by imprisonment in jail for a period not exceeding ninety days, or both, in the discretion of the court. (Ord. 1459 § 8, 1980).
5.14.080 Violation—Denial of license.
Any person found guilty of violating this chapter shall, in addition to all other penalties, not be issued a license hereunder for a period of one year thereafter. (Ord. 1459 § 6, 1980).