Carpinteria Municipal Code Ch. 5.24 Business Sales

For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:

A. "City" means the city of Carpinteria.

B. "City license officer" means the city manager.

C. "Fire and other altered goods sale" means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

D. "Going-out-of-business sale" means a sale 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, including but not limited to the following sales: Adjusters benefit of creditors, benefit of trustees, building coming down, closing, creditor's committee, creditor's, end, executor's, final days, forced out, forced out of business, insolvents, last days, lease expires, liquidations, loss of lease, mortgage sale, receiver's, trustee's quitting business.

E. "Goods" means and includes any goods, wares, merchandise or other property capable of being the object of a sale regulated under this chapter.

F. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.

G. "Removal of business sale" means a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the city or will then continue business from other existing locations in the city.

(Prior code § 6300)

Provisions of this chapter supplement business licensing ordinances which may now or hereafter be enacted. The provisions of this chapter are intended to augment and be in addition to the provisions supplied or to be supplied by Chapter 5.64 of this code. Where this chapter imposes a greater restriction upon persons, premises, businesses or practices than is imposed by Chapter 5.64, this chapter shall control.

(Prior code § 6302 (a))

The provisions of this chapter shall not apply to or affect the following persons:

A. Persons acting pursuant to an order or process of a court of competent jurisdiction;

B. Persons acting in accordance with their powers and duties as public officials;

C. Duly licensed auctioneers, selling at auction;

D. Any publisher of a newspaper, magazine or other publication, who published in good faith any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with.

(Prior code § 6302 (e))

A license issued by the city license officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following kinds:

A. Going out-of-business sale;

B. Removal of business sale; and

C. Fire and other altered stock sale.

(Prior code § 6301)

A. Any person who has not been the owner of a business advertised or described in the application for a license under this chapter for a period of at least six months prior to the date of the proposed sale shall not be granted a license.

B. Upon the death of a person doing business in this city, his or her heirs, devisees or legatees shall have the right to apply at any time for a license under this chapter.

(Prior code § 6302(b))

Any person who has held a sale as regulated under this chapter, at the location stated in the application, within one year last past from the date of such application shall not be granted a license.

(Prior code § 6302 (c))

Where a person applying for a license under this chapter operates more than one place of business the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale; nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.

(Prior code § 6302 (d))

A person desiring to conduct a sale regulated by this chapter shall make a written application to the license officer, setting forth and containing the following information:

A. The true name and address of the owner of the goods to be the object of the sale;

B. The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;

C. A description of the place where such sale is to be held;

D. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;

E. The dates of the period of time in which the sale is to be conducted;

F. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;

G. The means to be employed in advertising such sale together with the proposed content of any advertisement;

H. A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. Such inventory shall be attached to and become part of the required application.

1. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges, and shall not comprise goods purchased on consignment.

2. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated under this chapter. Any unusual purchase or additions to the stock of goods of the business hereby affected within thirty days before the filing of an application under this chapter shall be deemed to be of such character.

(Prior code § 6303 (a))

A. Any applicant for a license under this chapter shall submit to the license officer with this application a license fee of fifty dollars.

B. Any applicant for a renewal license under this chapter shall submit to the license officer with his renewal application a renewal license fee of five dollars per day.

(Prior code § 6303 (b))

A license shall be issued under this chapter on the terms set forth in Sections 5.24.110 through 5.24.150.

(Prior code § 6304 (a) (part))

The license shall authorize the sale described in the application for a period of not more than twenty-one consecutive days, Sundays and legal holidays excluded, following the issuance thereof.

(Prior code § 6304 (a)(l) (part))

A. The license officer shall renew a license for one period of time only, such period to be in addition to the twenty-one days permitted in the original license and not to exceed ten consecutive days, Sundays and holidays excluded, when he finds:

1. That facts exist justifying the license renewal;

2. That the licensee has filed an application for renewal;

3. That the licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold, and not listing any goods not included in the original application and inventory.

B. For the purposes of this section, any application for the license under the provisions of this chapter covering any goods previously inventoried as required under this chapter, shall be deemed to be an application for renewal, whether presented by the original applicant, or by any other person.

(Prior code § 6304 (a)(1) (aa))

Upon being issued a license under this chapter for a going-out-of-business sale, the licensee shall surrender to the license officer all other business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this chapter. Credit for the unexpired portion of the surrendered license will be allowed against the fee required to be paid by Section 5.24.090.

(Prior code § 6304 (a) (4))

A. Nature of Sale. The license shall authorize only the one type of sale described in the application at the location named therein.

B. Saleable Goods. The license shall authorize only the sale of goods described in the inventory attached to the application.

(Prior code § 6304 (a) (2) and (3))

Any license provided for under this chapter shall not be assignable or transferable.

(Prior code § 6304 (a) (5))

A licensee under this chapter shall:

A. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the inventory attached to the application of license;

B. Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale, apprising the public of the status of all such goods;

C. Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to inspecting officials upon request;

D. Refrain from employing any untrue, deceptive or misleading advertising;

E. Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.

(Prior code § 6305)