Chapter 5.88



WRECK, FIRE, BANKRUPT OR

DAMAGED GOODS SALE

5.88.010 License-Required.
5.88.020 License-Application-False statements.
5.88.030 License-Application-Limitation.
5.88.040 License valid for inventoried goods.
5.88.050 Acquisition of additional goods prohibited.
5.88.060 Exemptions.


5.88.010 License-Required.


No person shall represent or hold out that any sale of goods, wares and merchandise is an insurance, bankruptcy, mortgage, insolvency, assignee's, executor's, administrator's, receiver's, trustee's, creditor's, forced, removal or closing-out sale, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, in the city, unless such person shall have first obtained a license from the city clerk to do so and has paid the fee and fulfilled the other requirements of Section 5.08.220. (Prior code º 7-154)

5.88.020 License-Application-False statements.


A. Every person managing, conducting or carrying on a sale as specified in Section 5.08.210 shall make a written application to the city for a license to do so prior to conducting such sale. Such application shall be signed and sworn to by the applicant and shall state all the facts in regard to the contemplated sale, the period of time during which the sale shall be held, such period not to exceed three months, together with a statement that no goods, wares and merchandise have been purchased or received during the period of ninety days immediately preceding the date of such application for the purpose of adding same to that in stock for sale, the reason for such sale, an inventory of goods, showing the actual purchase price, names of persons from whom such goods were obtained, the date of purchase, the date of delivery of such goods, the quantity of each item currently in stock, and all details necessary fully to identify the goods to be sold.

B. The application shall be filed and endorsed thereon the date such license is granted or refused.

C. No person shall make a false statement in such application. (Prior code º 7-155)

5.88.030 License-Application-Limitation.


Any person or entity to whom a license has been issued as required by this chapter may not apply for a license to sell goods, wares and merchandise at the same location to which a license has heretofore been granted for a period of twelve months following the issuance of such license. (Prior code º 7-155.1)

5.88.040 License valid for inventoried goods.


A license issued under the provisions of this chapter shall be valid only for the inventoried goods. (Prior code º 7-157)

5.88.050 Acquisition of additional goods prohibited.


A. No person shall manage, conduct or carry on a sale as specified in Section 5.88.010 to secure goods other than those enumerated in the inventory for the purpose of selling same at such sale.

B. No person having a license under this chapter shall add any goods to the inventoried stock and no goods shall be sold except those included in the original inventory. (Prior code ºº 7-158, 7-159) 5.88.060 Exemptions.


This chapter shall not apply to public or court officers or to any person acting under the direction of state or federal courts in the course of their official duties. (Prior code º 7-160)