Article II — Application and Fees

It shall be unlawful for any person to advertise or conduct a closing-out sale as defined in SCCC § 5.10.010 without first obtaining a permit from the Chief of Police of the City in the manner provided by this chapter.

(Ord. 1719 § 2, 10-27-1998; Formerly § 8-6)

Any person desiring to conduct a sale regulated by this chapter shall make a written application to the Chief of Police setting forth and containing the following information:

• (a) The true name and address of the owner of the goods, merchandise, or wares to be sold.

• (b) The address of the place where such sale is to be conducted.

• (c) The date or dates when the sale is to be conducted.

• (d) The name and address of the person conducting the sale, if not the same as the owner of the goods.

• (e) The name and address of the persons from whom the goods were acquired, the manner of acquisition, the time of acquisition and the cost of the goods acquired within thirty (30) days of

the start of sale.

• (f) A full and complete statement of the facts relating to the sale, including the reasons for the urgent and expeditious disposal of goods, merchandise or wares thereby, and the manner in which the sale will be conducted.

• (g) The means proposed for advertising the sale, together with the proposed content of such advertising, if any.

• (h) At the discretion of the Chief of Police, provide an itemized stock list of inventory of the goods, merchandise and wares to be offered for sale, together with the cost at which the goods were obtained by the person conducting such sale. All goods listed upon such inventory shall be so described in detail by the manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise, in order that the identity of such goods listed on such inventory can be readily determined.

• (Ord. 1719 § 2, 10-27-1998; Formerly § 8-7)

Each applicant holding a current business tax certificate shall pay an amount established by resolution of the City Council of the City which shall be retained by the City as compensation for making an investigation of the statements in the application. (Ord. 1719 § 2, 10-27-1998; Formerly § 8-8)

Upon the filing of the application as provided in SCCC § 5.10.070 , the Chief of Police will make or cause to be made an examination, audit or investigation of the applicant and his/her affairs in relation to the proposed sale.

If the Chief of Police finds that the statements in the application are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect and that the methods to be used by the applicant in conducting the sale are not such, the Chief of Police shall approve the issuance of a permit to conduct such sale in accordance with the provisions of this chapter; otherwise, the Chief of Police shall recommend denial of the application. The Chief of Police may refuse the applicant because of insufficiency of the information set forth in the application, but in such event the Director of Finance shall grant the applicant permission to file an amended application.

The Chief of Police shall issue the permit upon approval of the application. (Ord. 1719 § 2, 10-27-1998; Formerly § 8-9)

A permit shall be issued hereunder on the following terms:

• (a) Permit Period, Renewal. The permit shall authorize the sale described in the application for a period of not more than thirty (30) consecutive days. The Chief of Police may, upon application and accompanied by a renewal fee established by resolution of the City Council, renew such permit for a period not to exceed thirty (30) days. Such application for renewal shall set forth a complete list of goods not sold named in such original application. Upon receipt of such application for renewal, the Chief of Police shall investigate the statements made in the

application and if satisfied of the truth of the statements contained therein, the Chief of Police shall grant such renewal.

• (b) Nature of Sale. The certificate shall authorize only the one type of sale described in the application at the location named therein.

• (c) Salable Goods. The certificate shall authorize only the sale of goods described in the inventory attached to the application.

• (Ord. 1719 § 2, 10-27-1998; Formerly § 8-10)

Any permit provided for in this chapter shall not be assignable or transferable. (Ord. 1719 § 2, 10-27-1998; Formerly § 8-11)

The Chief of Police shall have the power to revoke at any time the permit granted in accordance with the provisions of this chapter whenever any such sale or special sale is being conducted in violation of any provisions of this chapter or in such a manner as to deceive or defraud the public. The Chief of Police shall also have such power to revoke the permit when the permit-holder has:

• (a) Made any material misstatement in the application.

• (b) Participated in fraudulent practice in the conduct of the sale authorized by such permit.

• (c) Failed to include in the inventory required by the provisions of this chapter the goods, merchandise and wares required to be contained in such inventory.

• (d) Added, caused to be added or permitted to be added any goods, merchandise or wares not described in the original inventory.

(e) Violated any of the provisions of this chapter or laws pertaining to advertising. (Ord. 1719 § 2, 10-27-1998; Formerly § 8-12)

This permit shall have the characteristics of permits as described in Chapter 2.115 SCCC. The procedures governing its issuance, revocation, suspension and the like of such permits, including appeal from refusal to endorse application "Approved" shall be as prescribed in Chapter 2.115 SCCC.

(Ord. 1719 § 2, 10-27-1998; Formerly § 8-13)