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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