Montclair Municipal Code Ch. 4.28 Closing-Out Sales

"Closing-out sale" means any sale of goods, wares or merchandise at retail, which is represented as a bankrupt, insolvent, executors, administrators, closing-out, lost-our-lease, or going-out-of-business sale or any similar sale which is intended to lead the public to believe that the person conducting such sale is going out of business and is selling out or closing out the goods, wares or merchandise of the business at less than the current or going retail price for such goods, wares or merchandise.

(Ord. 99-791 Exh. A (part); prior code § 5-16.01)

No person licensed under Chapter 4.04 of this Code shall advertise or represent to the public a sale of merchandise as a closing-out sale without first obtaining from the City Treasurer a permit to conduct such sale and paying to the City Treasurer the appropriate fee as established in the business license fee resolution.

(Ord. 99-791 Exh. A (part); prior code § 5-16.02)

A closing-out sale permit shall be issued only for intervals of either 30, 60 or 90 days. No more than one such permit shall be issued within a 12-month period to any business.

(Ord. 99-791 Exh. A (part): prior code § 5-16.03)

Upon applying for a closing-out sale permit, the applicant shall file with the collector a complete and accurate list of the stock of merchandise to be closed out by such sale. Such list shall include the wholesale, retail and sale price of such merchandise; the applicant or his/her agent shall sign a statement attesting that the information provided on the inventory list is complete and accurate.

(Ord. 99-791 Exh. A (part); prior code § 5-16.04)

No person shall sell any merchandise at a closing-out sale where such merchandise is not the regular stock of the store; nor shall any person replenish such stock during the sale, except with stock from a warehouse operated by such person or with merchandise on back-order. Accurate records of the merchandise sold at any such sale shall be maintained by the permittee.

(Prior code § 5-16.05)

Within seven (7) days after the completion of a closing-out sale the permittee shall remove all signs advertising the sale and leave the interior and exterior of the premises in a clean condition.

(Ord. 99-791 Exh. A (part); prior code § 5-16.06)

The collector may make rules and regulations and adjust fees consistent with the provisions of this chapter and the laws of the State of California. Such rules, regulations, and fee adjustments shall be established to clarify provisions of this chapter or aid in their enforcement. The body of such rules, regulations, and fee adjustments shall be known collectively as the "City of Montclair Business License Policies and Procedures" and shall be placed in written form and approved by the City Manager before becoming effective.

(Ord. 99-791 Exh. A (part): prior code § 5-16.08)