Alturas Municipal Code Ch. 7 Closing-Out Sales

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Advertise, advertisement, advertising, publish, publication. All means, whether oral, written, lettered or printed, used for conveying to the public notice of the conduct of a sale as defined in this section.

Sale. Any sale of, or any offer to sell, to the public, or any group thereof, goods, wares or merchandise on order, in transit or in stock, in connection with a declared purpose as set forth by advertising that sale is anticipatory to or to avoid the termination, liquidation, revision, windup, discontinuance, removal, dissolution, failure or abandonment of the business of the seller or any previous holder of the goods to be disposed of, including but not limited to, all sales advertised to be "adjuster's sale," "adjustment sale," "assignee's sale," "bankrupt sale," "benefit of administrators sale," "benefit of creditors sale," "benefit of trustees sale," "building coming down sale," "closing sale," "closing out sale," "creditors committee sale," "creditors sale," "damaged goods sale," "end sale," "executors sale," "fire sale," "final days sale," "forced out sale," "forced out of business sale," "insolvent sale," "insurance salvage sale," "last days sale," "lease expires sale," "lease expiring sale," "liquidation sale," "loss of lease sale," "mortgage sale," "outselling sale," "receivers sale," "removal sale," "reorganization sale," "salvage sale," "selling out sale," "smoke sale," "smoke and water sale," "trustees sale," "quitting business sale," "wholesale closing out sale," "we quit sale," "we give up sale," "fixtures for sale," or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning.

(Ord. No. 276, § 1.)

No person shall publish or conduct any sale of the type defined in section 7-1 without first obtaining a permit therefor from the chief of police in the manner provided in section 7-3.

(Ord. No. 276, § 1.)

No permit to conduct a sale as defined in section 7-1, shall be granted except upon written application to the chief of police by the person who intends to conduct such sale. Each application shall set forth and contain the following information:

(a) The location of the sale.

(b) The nature of the applicant's occupancy.

(c) The nature of any proposed advertising.

(d) The advertised cause for the sale.

(e) An inventory or statement in such form and in such detail as the chief of police may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale.

(f) Such other information as may be required by the chief of police to enable him to carry out the terms of this chapter.

Upon filing of the application, the chief of police may make or cause to be made an examination, audit or investigation of the applicant and his affairs in relation to the proposed sale.

If the chief of police finds that the statements of the application are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect and that the methods used by the applicant in conducting the sale are not such as, in the opinion of the chief of police, will work a fraud upon the purchasers, the chief of police shall issue to the applicant a permit to conduct such sale in accordance with the provisions of this chapter, otherwise, the chief of police shall deny the application and refuse such permit.

No application for any such permit shall be accepted by the chief of police for filing unless accompanied by a filing fee in the amount of twenty-five dollars, no part of which shall be refundable.

(Ord. No. 276, § 1.)

Any permit issued pursuant to this chapter shall authorize the one type of sale named in the application for a period of not more than sixty calendar days; provided, that the chief of police may renew such permit for a period of not to exceed thirty days, upon the payment of a renewal fee of twenty-five dollars.

(Ord. No. 276, § 1.)

A permit issued pursuant to section 7-3, shall be valid only for the advertising, representation and sale of the particular goods, wares or merchandise described in the original application therefor, and at the particular time and particular place stated therein and by the particular applicant, and any renewal, replenishment or substitution of such goods, wares or merchandise, or change of such time or place for such sale or change of person conducting the sale shall be unlawful and shall render such permit void. No person in contemplation of conducting any such sale or special sale, or during the continuance of such a sale, shall order any goods, wares or merchandise for the purpose of selling them at such sale, and any unusual purchase, or additions to the stock of such goods, wares or merchandise within sixty days before the filing of such application for a license to conduct such a sale, shall be presumptive evidence that such purchases or additions were made in contemplation of such sale and for the purpose of selling them at such sale.

The chief of police is further empowered to make such rules and regulations for the conduct and advertisement of such sale or special sale as in his opinion will serve to prevent deception and to protect the public.

(Ord. No. 276, § 1.)

The chief of police shall have the power to revoke at any time any permit granted under this chapter whenever any such sale or special sale is being conducted in violation of any of the provisions of this chapter or in such manner as to deceive or defraud the public.

(Ord. No. 276, § 1.)

Any decision of the chief of police granting, denying, revoking, renewing or refusing to renew a permit under this chapter may be appealed to the city council by filing a written notice thereof with the city clerk within ten days following the action taken by the chief of police.

(Ord. No. 276, § 1.)

Suitable books and records shall be kept by each permittee under this chapter, and shall at all times be available to the inspector and investigators.

(Ord. No. 276, § 1.)