Burlingame Municipal Code Ch. 6.20 Closing-Out Sales

Except as herein provided it shall be unlawful for any person to advertise, represent or hold out that any sale of goods, wares or merchandise as an insurance, bankruptcy, liquidation, mortgage, insolvent's, assignee's, executor's, administrator's, receiver's, removal, closing-out sale or quitting business sale, under the guise of discontinuing business, the sale of any goods from the stock of a bankrupt, trustee or insurance company, or to conduct such sale unless and until a license therefor shall have been received from the license collector.

To obtain such license, applicant must file a written application therefor and pay a filing fee of $25. The application shall set forth:

(1) Location of proposed sale;

(2) The reason for the proposed sale;

(3) A full, true and correct inventory or statement setting forth the amount and description of the goods or personal property to be sold at such sale;

(4) The dates upon and during which the proposed sale is to be conducted;

(5) The application shall also be accompanied by the required license fee as established in Section 6.08.150 of this code. (This subsection has been editorially added to reflect the amendments created by Ord. 1125).

(1941 Code § 1045, Ord. 538, (1953))

The license issued for the respective fees set forth in Section 6.08.150 shall authorize the conducting of the respective sales therein licensed upon the dates mentioned in the application; providing, however, that all sales made under such license must be within the period of 30 consecutive days, and the license collector shall not issue any renewal of any such license for a longer period than 30 days upon payment of the license fee as herein provided.

The provisions of this chapter shall not apply to the sale of any goods, wares, merchandise or property belonging to any governmental agency or pursuant to the authority of any process of any court, or a bona fide sale of the assets of any estate of a deceased or the sale by the owner of any property upon which his or her home or business is located, or where any goods are being sold by any charitable, fraternal or church organization under the name of "rummage sale."

(1941 Code § 1045, Ord. 538, (1953))

Any license issued under the provisions of this chapter may be instantly suspended if any goods, merchandise or property other than that described in the statement and inventory furnished in connection with the issuance of such license, is offered for sale, or if any advertising or statement relating to such sale is untrue or misleading, and after such suspension, such license may be revoked by the city council, and it shall be unlawful for any person to proceed with any such sale under any license issued hereunder after the said license has been suspended as herein set forth until such time as the city council shall have restored the same. In the event of suspension or revocation, no part of the license fee shall be refunded.

(1941 Code § 1045, Ord. 538, (1953))

It shall be the duty of the chief of police to inspect the premises where such sale is being conducted to ascertain if all of the conditions imposed upon the licensee are being fully carried out.

(1941 Code § 1045, Ord. 538, (1953))

The penalties for violations of the provisions of this chapter shall be as set forth in Section 1.12.010.

(1941 Code § 1045, Ord. 538, (1953))