Eastvale Municipal Code Ch. 6.12 Closing Out and Relocation Sales

No person, firm or corporation shall, without first obtaining a license, advertise or conduct a sale of goods, wares or merchandise that is represented as a sale for the liquidation or closing out of a business or a portion thereof, or the relocation of a place of business, or as a fire, water or other casualty sale, or as an assignee's, adjuster's, trustee's, receiver's, creditor's or bankrupt's sale, or any other sale which is by representation or advertisement intended to lead the public to believe that upon the disposal of the goods to be placed on sale, the business, or the portion thereof at the advertised location, will cease and be discontinued or be relocated to a new place of business. This chapter shall not apply to foreclosure, bankruptcy sales or other similar sales conducted under the direction of or pursuant to the order of a court or a governmental agency, or to licensed auctioneers selling at auction.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Application for a license shall be made to the chief of police, in such form as he may require and shall include the following information, which must be certified to under penalty of perjury:

(1) The applicant's business and residence addresses, and the name and address of the legal owner of the stock to be sold;

(2) A complete inventory of all stock on hand and of all goods not yet on hand which will be offered at the sale. The applicant shall submit proof that goods not on hand already belong to the applicant, or that the applicant is legally bound to purchase or dispose of such goods. The inventory shall include the wholesale price of all items;

(3) The length of time that the applicant has conducted the business or used the business name under which the proposed sale will occur, and the length of time at the present address;

(4) All other information required by the chief of police for a complete determination of facts necessary to issue a license.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The license shall be issued for a 30-day period, and the fee therefor shall be $50.00. In cases of hardship, not more than two 30-day extensions of time may be granted, and the fee for each 30-day extension or any portion thereof shall be $20.00. Not more than one license shall be issued to any applicant within a 12-month period, and any person who is the majority owner of the stock in a corporation shall be deemed to be an applicant for the purposes of this section.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is unlawful to sell, offer or expose to sale at any sale for which a license is issued, any goods, wares or merchandise not listed in the inventory furnished to the chief of police at the time of obtaining the license, or to make any replenishments or additions to such stock for the purpose of such sale, or to fail, neglect or refuse to keep accurate records of the items sold, which records shall be and remain available for inspection by the chief of police during and for one year after the conclusion of the sale.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a) It is unlawful for any person, firm or corporation to violate any provision of this chapter. Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(b) Any person, firm or corporation so convicted:

(1) Shall be guilty of an infraction offense and punished by a fine not exceeding:

a. $100.00 for a first violation;

b. $200.00 for a second violation;

(2) For the third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(c) Notwithstanding subsection (b)(1) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person, firm or corporation from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)