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HomeMy WebLinkAboutORD NO 561ORDINANCE NO. 561 NEW SERIES. AN ORDINANCE RI:GUL~TING SO-CALLED "GOING-OUT-OF- BUSINESS SALES", "FIRE SALES", CLOSING-OUT SALEo", AND SALES OF A SI~'.~.IL~i~ NaTUHE, PROVIDING PEN~LTIES FOR IT~ VIOLATIOI-,, AI;~ REPEALIi'G CONFLICTII'.IG ORDIN- ANCE~. BE IT ORDAR~ED BY THE COUNCIL OF THE CITY 0F BAKE~SFIELD, as follows: SECTION 1. It shall be unlawful for any person to advertise, represent or hold out that any sale of goods, wares, and merchandise is an insur- ance, bankruptcy, liquidation, mortgage, insolvent's, assignee's, executor's, administrator's, receiver's, removal or closing out sale, or any particular department of such stock of goods, under the guise of discontinuing business, or discontinuing that particular depart- ment, or a sale of goods, wares and merchandise damaged by fire, smoke, water or otherwise, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership or 'trusteeship, or to conduct such a sale, unless he shall have first obtained a permit to conduct such a sale from the Manager of the City of Bakersfield. For the purposes of this ordinance the term "person" shall be deemed to include corporation, partnership, firm, and association. The Chief of Police of the City of Bakersfield, or any other city officer designated by the City Manager, shall at all times have the power and it shall be his duty to make examination or investigation of the business and the books, records and accounts, and other papers pertaining thereto, of'any company or individual theretofore permitted or authorized to conduct such sales. The applicant for such a permit shall make application therefor to the Manager of the City of Bakersfield, and at the time of such application shall pay a minimum filing fee of Twenty-f~ve -1- Dollars (~25.00), provided, that if the net inventory exceeds the sum of Five Thousand Dollars (~,~,000.O0), then, in that event the fee shall be Twenty-Five Dollars (~25.00), plus Five Dollars (~.00) for each Thousand Dollars ($1,OOO.O0) or fraction thereof of net inventory exceeding Five Thousand Dollars (~,O00.00). Said application must be in writing and under oath, showing all the facts in regard to the insurance, bankruptcy, liquidation, mortgaging, insolvency, assign- ment, administration, receivership, trusteeship, or removal by reason of which such sale is to be conducted, or in regard to the closing out of his stock of goods, wares or merchandise, by fire, smoke, water or otherwise, and showing all the facts in regard to the sale which he proposes to conduct and the place and manner of conducting the same, including an inventory of the goods, wares and merchandise to be sold. at such sale, and a statement of the names of the persons from ,~hom the goods, wares and merchandise so to be sold were obtained, the date of the delivery of such goods, ~ares and merchandise to the person applying for the license, and the place from which said goods~ wares and merchandise were last taken and all details necessary to fully identify the goods~ wares and merchandise so to be sold. Such application shall specify the proposed period of time over ~hich such sales shall continue, v~hich period shall not exceed three (~) months. The City ~ianager shall not grant any permit i~e~.eunder until the application therefor sh~.ll ~ovs been referred to the Chief of Police for his investigation and report thereon. Provided, that if it shall be made to appear upon sworn application to the City ~anager at any time ~uring said period of three months, that all of the goods, ~aros and merchandise described and inventorled in the original application h~ve not been sold, accompanied by a statement or inventory of ~at remains thereof, a permit supplemental to the one hereinafter provided for may. be issued by said City L~anager upon the same terms an~ conditions as said original pormit, granting authority to continue such sale for a further period of three months. Such original application shall also specify the type of sale ~pplicant proposed to advertise or conduct. If the City i.~nager shall be satisfied that said proposed sale is of the character represented by applicant, that applicant is of good moral character, and that neither applicant nor an~ of its officers, directors or members have violated this orci~inance, and that the advertising or conducting of such sale ~ill not be injurious to the peace, health, safety or'~'slfzre of t~e people of the City of Bakersfield, he may issue a revocable permit to the person applying for the same, authorizing him to advertise and conduct ~ sale of the particular kind mentioned in the ~pplicstion, in accordance with the requirements of this o~dinance. SECTIO~ 2. The City ~anagcr of the City of Bakersfielc~ shall endorse upon such application the date of its filing~ an~ shall preserve the same as a record of his office. SECTION 3. any person making a false statement in the application pro- · vided for in the first section of this ordinance shall be deemed guilty of a misdemeanor, punishable as provided in Section 8 hex. eof. SECTION 4. The permit as provided for'in Section i of this ordina~ce s3~all be v&li~ only for a sale of ~he goods, wares and merchandise inventorled and described ir~ the ap~lic~·tion for such permit, in the manner an~. at the time and place mentio~·..od ~nd set forth in such application, and any removal of such goods, wares and merchant[ice so inventorie~ and described in such application from the 'plaCe of sale mentioned in such application, shall cause such goods, wares, and mer- chandise to lose their identity as an insurance, bankrupt, liquidation, -3- mortgaged, insolvent's, assignee's executor's, administrator's, and merchandise damaged. receiver~s or trustee's stock of goods, v~ares, ~. or otherwise, and no permit will thereafter by fire, smoke or water, be issued for the conducting of a sale of any of such goods, wares or merchandise so removed from the place set forth and described in such application, under the provisions of this ordinance, at any other place or places. S~ZCTION 5. kvo person in contemplation of conducting an insurance, bank- ' executor's, ~d- rupt, liquidation, mortgage, insolvent's assignee s, ministrator's, receiver's or trustee's removal or closing out sale, or a sale of goods, ~;ares or merchandise damaged by fire, smoke, water, or a sale of goods from the stock of a bankrupt, receiver, or otherwise, trustee, insurance company, receivership or trusteeship, under a permit as provided in Section I of this ordinance, shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such-sale. · ' The City Manager, if he determines that any unusual purchases and additions to the stock of such goods, wares or merchandise have been made within sixty (60) days prior to the filing of the application for a permit to conduct such sale mentioned in Section i of this ordinance, shall refuse to issue the permit applied for under the provisions of this ordinance · SECTION 6. It shall be unla~F.~ful for any person carrying on or conducting an insurance, bankrupt, liquidation, mortgage, insolvent, assignee's, receiver's or trustee's removal or closing executor's~ administrator's, out sale, or sale of goods, ~ares or merchandise damaged by fire, smoke, v~ater or otherwise, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership or trusteeship, under a permit as provided in Section I of this ordinance to add, during the continuance of such sale, any goods, wares or merchandise for the purpose of selling the same, to the stock of goods, wares or merchand- ise described and·inventoried in his original application for such permit~ and no goods, wares or merchandise shall be sold at, or during such sale, excepting the goods, wares or merchandise described and inventorled in such original application, and each and every addition of goods, wares or merchandise for the purpose of sale, to such stock of goods, wares or merchandise described and inventorled in said application, and each sale of such goods, wares or merchandise as were not inventorled and described in said application, shall consti- tute a separate offense under the ordinance. Any violation of this section shall be a misdemeanor punishable as provided in Section 8 thereof. SECTION 7- Any person who shall advertise~ represent or hold out any · sale of goods, wares or merchandise to be an insurance, bankrupt, liquidation~ mortgage, insolvent, assignee's~ executor's, administrator's, receiver's, or trustee's removal or closing out sale, or a sale of goods, wares or merchandise damaged by fire, water, smoke, or other- wise, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance company, receivership or trusteeship, without first complying with the provisions of this ordinance, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punish- able as provided in Section 8 hereof. SECTION 8. Any person who shall hold, conduct, or carry on any sale of goods, wares or merchandise as an insurance, bankrupt, mortgage, insolvent's assignee's , executor's a~ministrator's , receiver's or ~°~ trustee's removal or closing out sale, or sale of goods, ~a~es or merchandise damaged by fire, water, or otherwise, or a sale of goods from the stock of a bankrupt, receiver, trustee, insurance companY, receivership or trusteeship, contrary to the provisions of this ordinance, or ~vhose advertising, statement, representation or asser- tion is false or untrue, in anY respect, or ~vhich by the e~ercise of reasonable care should be known to be false or untrue,·deceptive or misleading, or who shall violate any of the provisions of this ordin- ance, shall be deemed guilty of a misdemeanor, and shall, upon convic- tion thereof, be fined in a sum of not less than Fifty Dollars ($~0.00), and not more than Five Hundred Dollars ($500.00), or.,shall be imprisoned in the County Jail for not less than ten (lO) days and not more than six (6) months, or both such fine and imprisonment. SECTION 9- The provisions of this ordinance shall not apply to sheriffs, constables, or to other public or court officers~ or to anY other person or persons acting upon the license, direction, or authority of any court, state or federal, selling goods, wares or merchandise in the course of their official duties~ and pursuant to the provisions of a statute authorizing such sale. SECTION 10. If any section, sub-section, sentence, clause, phrase, or word of this ordinance is for anY reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this ordinance. The City Council hereby declares it would have passed this ordinance and each section, sub-section, sentence, clause, phrase and word thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses, phrases or words be declared unconstitutional or invalid. SECTION ll. Nothing. contained in this ordinance shall be.·deemed to apply to any publisher of a newspaper, magazine, or other publication, who publishes said· ·advertisement in good faith, without lmowledge of its false, deceptive or misleading character, or without knowledge that the prov~·sions of this ordinance have not been complied with. / SECTION 1,,~.'. All ordinances and parts of ordinances in conflict~ herewith are hereby repealed. o0o I HEREBY CERTTi~Y that the' foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, on the~ day of April, 1940, at a regular meeting thereof, by the following Vote: AyES:~'CDEt,.I,'M,~R.'Vi~'DU',.{E.,N'Ir.t"~ILLAN,NORRIS, SNtlTR'SOLLERS'WILS'ON NOES,...~ ABSENT City Clerk of the Council of the City of Bakersfield. ayof .~pril, 1940. aPPROy~D by me this M~'~YOR of the City of Bakersfield. of ®r nan es .STATE OF CALIFORNIAI County of Kern ~ ss. V. ~:AN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; .and that on ..............~ ......... --~------~-- .......19~ he posted on the Bulletin Board at the ata i r ~ . - was numbered_..~..../.. .......New Series, and entitled: AN ORDINANCE REGULATING SO-CALLED "GOING- OUT-OF-BUSINESS SALES", "FIRE SALES", "CLOSING OUT SALES", AND SALES OF A SIMILAR NATURE, PRO~'IDIEG PF, NALTIES FOR ITS VIOLATION, AND REPEALING CONFLICTING ORDINANCES. SubscA. bed and sworn to before me this .~.%~.~ day of 1..~_....O ................. ~ ......................... ..... .y of..._~~.-.~..~.~..~ ....