HomeMy WebLinkAboutOrd 0538ORDINANCE NO. 538
AN ORDINANCE AMENDING THE ORDINANCE CODE
OF THE CITY OF BURLINGAME BY ADDING THERE-
TO A NEW SECTION 101.4.5 REGULATING "CLOSING
OUT SALES;" PROVIDING FOR A LICENSE THERE-
FOR AND PENALTY FOR VIOLATION THEREOF
The City Council of the City of Burlingame does ordain as
gfollows:
Section 1. The Ordinance Code of the City of Burlingame
is hereby amended by adding a new section to be known as Section
1045 setting forth the manner of making application for license
and conduct of "closing out sales."
SECTION 1045 - CLOSING OUT SALES
Except as herein provided it shall be unlawful for any
person to advertise, represent or hold out that any sale of
goods, wares or merchandise is an insurance, bankruptcy, liquida-
tion, mortgage, insolvents, assignee's, executor's, administra-
tor's, receiver's, removal, closing out sale or quitting business
sale, under the guise of discontinuing business, or the sale of
any goods from the stock of a bankrupt, trustee or insurance
company, or to conduct such sale unless and until a permit there-
for shall have been received from the City Tax Collector.
To obtain such permit, applicant must file a written
application therefor and pay a filing fee of $25.00. The
application shall set forth:
1. Location of proposed sale.
2. The reason for the proposed sale.
3. A full, true and correct inventory or statement
setting forth the amount and description of the goods or personal
property to be sold at such sale.
4. The dates upon and during which the proposed sale is
to be conducted.
5. The application shall also be accompanied by the
required license fee as established in the following schedule,
to -wit:
If the applicant has been operating the business to be
closed out under a valid City of Burlingame business license
for
1. A period of six (6) months or less prior to the date the
application is filed . . . . . . . . . $100.00.
2. More than six (6) months but less than two (2) years
. . . . . . . . $ 50.00
3. More than two (2) years . . . . $ 10.00
The license issued for the respective fees above set
forth shall authorize the conducting of the respective sales
therein licensed upon the dates mentioned in the application;
providing, however, that all sales made under such license must
be within the period of thirty (30) consecutive days, and the
Tax Collector shall not issue any renewal of any such license
upon payment of the license fee
for a longer period then thirty (30) day§( as herein provided.
The provisions of this section shall not apply to the
sale of any goods, wares, merchandise or property belonging to
any governmental agency or pursuant to the authority of any
process of any court, or a bona fide sale of the assets of any
estate of a deceased or the sale by the owner of any property
upon which his home or business is located, or where any goods
are being sold by any charitable, fraternal or church organiza-
tion under the name of "rummage sale."
Any license issued under the provisions of this section
may be instantly suspended if any goods, merchandise or property
other than that described in the statement and inventory
furnished in connection with the issuance of such license, is
offered for sale, or if any advertising or statement relating to
such sale is untrue or misleading, and after such suspension,
such license may be revoked by the City Council, and it shall be
unlawful for any person to proceed with any such sale under any
license issued hereunder after the said license has been
suspended as herein set forth until such time as the City
Council shall have restored the same. In the event of suspension',
or revocation, no part of the license fee shall be refunded.
It shall be the duty of the Chief of Police to inspect
the premises where such sale is being conducted to ascertain
if all of the conditions imposed upon the licensee are being
fully carried out.
The penalties for violations of the provisions of any
section shall be those heretofore established.
Section 2. This ordinance shall be published once
according to law.
U. S. S imonds, Jr.
Mayor
I. Herbert K. White, City Clerk, do hereby certify that
the foregoing ordinance was introduced at a regular meeting
of the City Council held on the 2nd day of November, 1956 and
adopted at a regular meeting held on the 16th day of November,
1953, by the following vote:
AYES: COUNCILMEN: Atwater -By -rd -Morgan -Simonds
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: Love
Herbert K. White
City Clerk