Martinez Municipal Code Ch. 5.52 Closing-Out Sales

Every person, firm or corporation, before a license shall be issued therefor and before offering for sale in the City any article or product at a forced bankrupt, close-out sale or other sale outside of the ordinary channels of trade, shall file with the Chief of Police the following:

A. A complete, itemized and verified inventory of the articles or products to be offered for sale, together with the proposed sale price of each such article or product;

B. A statement under oath that the articles or products contained in the inventory were purchased for sale during the normal conduct of business for which a license had previously been issued;

C. A statement under oath that the articles or products contained in the inventory and none others shall be offered for sale, if license issued, and at a price not less than the price stated.

(Prior code § 6400; Ord. 836 C.S. § 1, 1976)

If the proposed price of any such article or product referred to in Section 5.52.010 hereof shall be a price in violation of the Unfair Trade Practices Act of the state as set forth in the Business and Professions Code Sections 17000 et seq. and any subsequent amendments thereto, then no license shall issue. Burden of proof that the price or prices is not in violation thereof to the reasonable satisfaction of the Chief of Police shall be upon the applicant for such license.

(Prior code § 6401)

Upon the compliance with the provisions of Sections 5.52.010 and 5.52.020 hereof, the Chief of Police shall issue the license in the manner and as required and for the license fees fixed by the ordinances of the City and amendments, if any, thereto.

(Prior code § 6402)

If the license applied for before the sale in the City of any article or product referred to in Section 5.52.010 hereof without the compliance with all of the requirements of Section 5.52.010B and C but upon full compliance with Subsection A of Section 5.52.010, and for sale of such articles or products, together if desired of other articles or products purchased outside of the City or in the ordinary channels of trade, in the manner and for the prices permitted by the Unfair Trade Practices Act, the license shall be issued to the applicant by the Chief of Police for 1 month upon the payment of the following license fee: $250.00. The license so issued may be reissued, monthly, upon the payment of a monthly license fee of $100.00.

(Prior code § 6403)