Redlands Municipal Code Art. I Bankruptcy Sales

This chapter shall be deemed an exercise of the police power of the state of California, and of the city of Redlands for the public safety, comfort and convenience; and all of its provisions shall be literally construed for the accomplishment of that purpose. (Prior code § 2341)

Every person who advertises, promotes, holds out to or who conducts and carries on a "regulated sale", defined as any sale of goods, wares and merchandise as an auction sale, insurance, bankruptcy, mortgage, insolvent, assignees, executors, administrators, receivers, trustees, removal, adjusters, wholesalers, jobbers, manufacturers sale, closing out sale or sale of goods damaged by fire, smoke, water or otherwise or as a sale conducted by a merchants' association, board of trade or other claimant or creditor, shall file with the city's finance director or the director's designee a statement under oath stating the name of the person or persons, from whom the goods were obtained, whether the same are to be sold under an order of court and if so, the name of the court and proceeding in which such order was made, and an inventory shall be filed no less than ten (10) days prior to such regulated sale. (Ord. 2718 § 16, 2009)

It is unlawful for any person to advertise or conduct any such sale without having first filed the statement under oath as in this chapter provided and without having applied for and received the city license provided for in this chapter. (Prior code § 2342.1)

It is unlawful for any person to make any false statement of fact in the verified statement filed with the city's finance director or the director's designee as required in this chapter. (Prior code § 2342.2)

The inventory shall describe all goods, wares and merchandise in detail, including the manufacturer's name and lot number, the number of each article so numbered, colors, sizes and other characteristics, in order that the identity of such goods with the goods listed on such inventory may be readily determined. The inventory provided for in this chapter shall hereinafter be referred to as inventory. (Prior code § 2343)

No person shall order any goods, wares or merchandise for the purpose of selling them at a regulated sale. Any unusual purchase or additions to the stock of such goods, wares or merchandise within sixty (60) days before filing the statement required in section 5.44.020 of this chapter shall be presumed to have been made in contemplation of such sale and for the purpose of such sale and shall not appear on the inventory. (Prior code § 2343.1)

It is unlawful to sell, offer or display for sale, advertise for sale, or to include in the inventory any goods, wares or merchandise which are not part of the original stock of goods of the applicant; and it is unlawful to make any replenishment or additions to such stock for the purpose of such sale. (Prior code § 2343.2)

No person at any such sale shall sell any goods, wares or merchandise not specifically described in the inventory and statement provided in this chapter. (Prior code § 2343.3)

No provision of this chapter shall be applicable to trustees in bankruptcy, executors, administrators, receivers or public officials acting under judicial process, nor to the sale of household goods, farm implements or personal effects at the home of the owner. (Prior code § 2344)

Every person, firm or corporation conducting or carrying on or attempting to conduct or carry on or who advertises to carry on any of the sales defined in section 5.44.020 of this chapter shall be required to and shall pay a license tax to the city in the sum of one hundred dollars ($100.00), which license tax shall be for an initial period of thirty (30) days or any fraction thereof. No more than one license for the conduct of a regulated sale shall be issued to the same person, firm or corporation within twelve (12) months of the completion of a prior regulated sale. (Prior code § 2345)

If such person, firm or corporation continues to conduct or carry on a regulated sale for longer than thirty (30) days, a license tax of one hundred dollars ($100.00) shall be paid for a continuing period of thirty (30) days, but for no less than thirty (30) days. Notice of intent to continue a regulated sale must be filed with the city's finance director or the director's designee not less than five (5) days before expiration of the license. In no event shall any regulated sale be permitted to continue in excess of sixty (60) days. (Ord. 2718 § 17, 2009)

The license tax shall not be assessed for the termination or removal of a business under the same ownership for the immediately prior three (3) consecutive years. (Prior code § 2345.2)

Any person, firm or corporation aggrieved by the imposition of the license tax on the basis that payment of the tax would create an undue hardship shall have the right to appeal to the city council of the city for waiver of the tax. Such appeal shall be taken by filing with the city clerk a written statement of grounds for the appeal. (Prior code § 2345.3)

Grounds for appeal as a hardship may include, but not be limited to:

A. Prolonged illness of principal owner;

B. Principal owner being called for military service;

C. Acts of God; earthquake, flood, etc. (Prior code § 2345.4)

The council shall set the time and place for hearing such appeal. Notice of such hearing shall be mailed by the city clerk, postage prepaid, to the signer of the statement at the address given at least ten (10) days prior to date set for the hearing. (Prior code § 2345.5)

The decision of the council of the city on such appeal shall be final. (Prior code § 2345.6)

The license as provided for herein shall be valid only for a sale of goods, wares and merchandise, inventoried and described in the statement filed with the city's finance director or the director's designee as provided in section 5.44.020 of this chapter. (Ord. 2718 § 18, 2009)

The city's finance director or the director's designee is authorized to cancel the license to conduct any sale in the event that inspection discloses goods, wares or merchandise to be found in stock or on sale which have not been included in such inventory or which have been falsely advertised, or that the licensee has in any other respect violated the provisions of this chapter. (Ord. 2718 § 19, 2009)