East Palo Alto Municipal Code Art. II Fire and Closing Out Sale Regulations

All applications for fire and closing out sales shall set forth and contain the following information:

A. Description by street location, and kind of building in which such sale is held;

B. The nature of the occupancy, whether by ownership, lease or sublease, and if by lease or sublease, the effective date of the termination of such tenancy;

C. A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means and methods of advertisement to be used in advertising such sale;

D. The facts in regard to insurance, bankruptcy, insolvency, assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal, or other cause advertised to be the reason for the proposed sale;

E. An inventory or statement in such form and in such detail as the city council may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale, and when required by the city council, the date of acquisition of such goods, wares and merchandise, and the person from whom obtained and the place from which such goods were last taken. The city council may also require that all such goods, wares and merchandise listed upon the inventory and statement shall be so described by manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise, that the identity of such goods with the goods listed with such inventory can be readily determined.

(Prior code § 8-2.201)

No application for any fire or closing out sale license shall be accepted by the tax collector unless accompanied by a filing fee in the amount of fifty dollars ($50.00), no part of which is refundable.

(Prior code § 8-2.202)

Any fire or closing out sale license issued under the provisions of this chapter shall authorize the one type of sale named in the application at the place named therein for a period of not more than sixty (60) calendar days, and shall permit the sale only of goods which are set out in said application, all of which goods throughout the duration of the sale must be definitely separated from any other goods displayed at, or within the store or place of business, and all advertising, signs or notices referring to, or calling attention to the sale must be confined to the display, or displays of goods involved in the sale; provided, however, the city council may, upon a verified application therefor filed with the tax collector, review and license for a period not to exceed thirty (30) days, upon the payment of a renewal fee in the amount of twenty-five dollars ($25.00). Such verified application for renewal shall set forth a complete list of goods listed in the original application remaining unsold, and shall not contain any goods, wares or merchandise not named in the original application. Upon receipt of such application for renewal, the city council shall cause an investigation to be made at once, and if satisfied of the truth of the statements therein contained, the city council shall grant such renewal. The city council may renew any original fire or closing out sale license in the manner above provided not to exceed two times, upon the payment of the sum of twenty-five dollars ($25.00) for each such renewal license; provided, however, that the city council may not issue renewals which will allow the conduct of fire or closing out sales as defined in this chapter, at any one location for more than one hundred twenty (120) calendar days in any one twelve (12) month period.

(Prior code § 8-2.203)

Such license shall be valid only for the advertising, representations and sale of the particular goods, wares or merchandise described in the original application therefor, and at the particular time and 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 substitution of person conducting the sale, is unlawful and shall render such license void. No person in contemplation of conducting such sale or special sale, or during the continuance of such sale shall order any goods, wares or merchandise, within sixty (60) days before the filing of such application for a license to conduct a sale shall be presumptive evidence that such purchase or additions were made in contemplation of such sale for the purpose of selling them at such sale.

Each sale of goods, wares or merchandise as were not inventoried and described in the original application shall constitute a separate offense under this chapter.

(Prior code § 8-2.204)

Any removal of any goods, wares or merchandise inventoried and described in the original application form from the place of sale mentioned in such application shall cause such goods to lose their identity as such stock of any of the sales defined in this chapter, and no permits thereafter will be issued for the conducting of a sale of any such goods, wares or merchandise in such manner as to identify them with the store, store owner or location referred to in the original application.

(Prior code § 8-2.205)

Suitable books and records shall be kept by the licensee and shall at all times be available to the inspectors and investigators of the city. At the close of business each day the stock list attached to the applications shall be revised and those items disposed of during such day shall be so marked thereon.

(Prior code § 8-2.206)