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HomeMy WebLinkAboutO-0893 - Closing-out sales and special sales (5.52),.....-, ...., "'. CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.fq3 An Ordinance of the City of Marysville relating to and regulating "Closing Out Sales"and "Special Sales",and providing a penalty for the violation of such regulations. THE CITY COUNCIL O'F THE CITY OF MARYSVI LLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.It is unlawful in advertising or conducting any sale of goods,wares or merchandise to represent such sale as a "Closing Out Sale","GOING OUT OF BUSINESS SALE","Liquidation Sale","Quitting Business Sale",or any other expression or character- ization which conveys the same or similar meaning or leads the public to believe that such sale is in anticipation of termination of a business,without first having filed with the City Clerk the inventory hereinafter provided for and having obtained a license so to do,to be known as a "Closing Out Sale License";PROVIDED, that any sale,the advertising or conduct of which clearly indicates the intent of closing out only a specific line,type,model or make of merchandise of a business shall not be subject to the requirements of this section. Only one such license shall be issued to any person for the same or a similar business at the same location and no such license shall be issued to any person who has not been in the business to be closed out at the same location for a period of at least six (6)months. Section 2.It is unlawful in advertising or conducting any sale of goods,wares or merchandise to represent such sale as a "Fire Sale","Smoke Damage Sale","Water Damage Sale","Loss of Lease Sale","Demolition Sale","Bankrupt Stock Sale","Moving Sale", "Forced to vacate Sale",or any other expression or characterization which conveys the same or similar meaning without first having filed with the City Clerk the inventory hereinafter provided for an having obtained a license so to do,to be known as a "Special Sale License"". Section 3.The fee for a "Closing Out Sale License"or a "Special Sale License"shall be as follows:for a period not exceeding thirty (30)days,$50.00 ;for a period not exceeding sixty (60)days,$100.00 ;and for a period not exceeding ninety (90)days,$150.00.No "Closing Out Sale License"or "Special Sale License"shafibe issued for a period exceeding ninety (90)days. Section 4.The inventory required by Sections 1 and 2 above shall be complete and accurate as to the stock of goods,wares and merchandise to be sold at any sale for which a "Closing Out -1- •... r ".. " Sale License"or "Special Sale License"is required,and shall be in such form and detail as may be required by the City Clerk for the purpose of verifying such inventory as hereinafter provided and determining compliance with this ordinance.Such inventory shall be signed by the person seeking the license,or by an authorized resident agent,and by affidavit he or such agent shall swear or affirm that the information therein given is full and true,and known by him or such agent to be so. It is unlawful to sell,offer or expose for sale at any such sale,or to list on such inventory,any goods,wares or merchandise which are not the regular stock of the place of business, or to make any replenishments or additions to such stock for the purpose of such sale,or during the time thereof,to fail,neglect,' or refuse to keep accurate records of the articles or things sold, from which records the City Clerk may ascertain the kind and quantity or number sold.. or any person designated by him Section 5.The City Clerk/may in his discretion verify the details of an inventory filed for.the purpose of obtaining a "Closing Out Sale License"or "Special Sale License",or may make a check and verify the items of merchandise sold during the sale,and it is unlawful for any person to whom a "Closing Out Sale License" or "Special Sale License"has been issued to fail or refuse to give the City Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or the proper information on goods sold,or any other information that he may require in order to make a thorough investigation of all phases connected with the sale, Section 6.The provisions of this Ordinance shall be applicable to 1'Closing Out Sales"or "Spe cLaI Sales"which are in progress on the e f f ee t I ve "date of this ordinance;PROVIDED,however, that the licenses and inventory required hereunder need not be obtained in such cases for a period of ten (10)days following the effective date of this ordinance.Application for a "Closing Out Sale License"or "Special Sale License"in a case where such sale was in progress on the effective date of this ordinance shall indicate the date on which such sale commenced,and the term of the license as provided in Section 3 hereof shall be adjusted as if it were effective on the date such sale commenced.The fee for such licenses, as provided in Section 3 hereof,shall be pro-rated to reflect the portion of the license term which is subsequent to the effective dat~of this ordinance.The inventory required by Section 4 hereof ~hall show the stock of goods,wares and merchandise as of the date of application for the license. Section 7.The provisions of this ordinance shall not be applicable to trustees in bankruptcy,executors,administrators, receivers or public officers acting under judicial process. Section 8.That in addition to such other grounds as may be provided by this ordinance,the City Clerk may refuse to issue a "Closing Out Sale License"or "Special Sale License"if he has good -2- •,'.-oW.... •• ~ I reason to believe that the applicant has falsified any material fact in his application or any inventory filed therewith,and if he shall find that any licensee has violated any provision of this ordinance or any law or ordinance relating to fraud or misrepresen- tation,he shall make a written record of such finding and may immediately revoke or suspend such license.The applicant may appeal such acts by the City Clerk by filing a Notice of Appeal within ten (10)days following such acts.The appeal shall be heard and deter- mined by the City Council within two (2)weeks of filing of said Notice of Appeal. Section 9.Any person violating or failing to comply with any of the provisions of this ordinance shall,upon conviction thereof, be punished by a fine in·a sum not to exceed $300,or by imprison- ment in jail for a term not exceeding ninety (90)days,or by both such fine and imprisonment. Section 10.This ordinance shall take effect and be in force from and after its passage,approval and five (5)days following its publication as required by law. PASSED by the City Council and APPROVED by the Mayor this /~day of a-4¥t.J ,1976. 17 THE CITY OF MARYSVILLE BY~ ATTEST: APPROVED AS TO FORM: -3-