Porterville Municipal Code Art. III Going Out of Business Sale or Removal of Business Sale

A license shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by means to be a "going out of business sale" or a "removal of business sale", as defined under section 15-1 of this chapter. The provisions of this article shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials. (Ord. 1324, 12-18-1984)

A. Upon being issued a permit pursuant to this article for a going out of business sale or removal of business sale, the permittee shall surrender concurrently to the finance director each business license the permittee may hold at that time applicable to the business location covered by the application for a permit under this article, if the sale is advertised or conducted in a manner calculated to convey to the public the belief that the business will cease to be conducted at that location upon the disposal of the goods to be placed on sale.

B. It shall be unlawful for any person to whom a closeout sale permit is issued to engage in a business of similar nature at the same location for a period of one year following the closing date of the sale. (Ord. 1324, 12-18-1984)

A. Any person desiring to conduct a "going out of business sale" or a "removal of business sale", as defined in this chapter, shall make a written application to the collector setting forth and containing the following information:

1. The true name and address of the owner of the goods to be subject of the sale;

2. 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;

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

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

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

6. 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;

7. The means to be employed in advertising such sale, together with the proposed context of any advertising;

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

9. 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.

Such inventory shall not include goods ordered in contemplation of conducting a going out of business sale or a removal of business sale. Any unusual purchase or additions to the stock of goods of the business hereby effected within sixty (60) days before the filing of an application hereunder shall be deemed to be of such character.

B. In the event of delay of construction of a new facility or remodeling of a facility into which the business is to be relocated, which delay is not the fault of the licensee, new merchandise ordered after the application for removal of business sale may be offered for sale and excluded from this restriction. (Ord. 1324, 12-18-1984)

The collector shall issue a license for a going out of business sale or a removal of business sale after all requirements of this article have been met. The license shall authorize the sale described in the application for a period of not more than forty five (45) consecutive days, following the issuance thereof for a going out of business sale and for a period of not more than ninety (90) consecutive days following the issuance thereof for a removal of business sale. (Ord. 1324, 12-18-1984)

The collector shall renew a license for one period of time only, such period to be in addition to the time permitted in the original license and not to exceed forty five (45) consecutive days, when he ascertains:

A. The facts existing justify the renewal;

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

C. That the licensee has submitted with the application for renewal a revised inventory showing the items on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. (Ord. 1324, 12-18-1984)

Any person who shall hold, conduct or carry on a "going out of business sale" or a "removal of business sale" as defined in this chapter, without securing a license as herein provided, shall be guilty of a misdemeanor. (Ord. 1324, 12-18-1984)

The collector may revoke any going out of business sale or removal of business sale license when any regulations set forth in this article are violated. Said revocation may be appealed to the city council as set forth in subsection 15-13A of this chapter. (Ord. 1324, 12-18-1984)

Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to such person at his last known address. The council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this article. (Ord. 1324, 12-18-1984)

A. Established Business Requisite: No license shall be granted to any person who has not been the bona fide owner of a business advertised or described in the application for a license hereunder for a period of at least twelve (12) months prior to the date of the proposed sale.

B. Restricted Location: Where a person applying for a license hereunder 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 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 or participating in any way in the licensed sale.

C. Operation At Other Than Fixed Premises: Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. (Ord. 1324, 12-18-1984)

A. Going Out Of Business Sale: The sum of fifty dollars ($50.00) for a period of not more than forty five (45) days; and a renewal fee of one hundred dollars ($100.00) for one additional forty five (45) day period.

B. Removal Of Business Sale: The sum of five dollars ($5.00) for a period of not more than ninety (90) days; and a renewal fee of ten dollars ($10.00) for one additional forty five (45) day period. (Ord. 1324, 12-18-1984)