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Home My WebLink AboutORD NO 1051 ORDINANCE N0. 1091 NEW SERIES AN. ORDINANCE AMENDING SECTION l ' OF ORDI- NANCE NO : 561, NEW SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA. BE IT- ORDAINED BY. THE COUNCIL OF. THE 'CITY OF BAKERSFIELD, as follows: SECTION 1.. . That: Section 1 of Ordinance -X6. 561, New Series, be and the . same is 'hereby amended to read as follows: Section 1. (a) It shall be unlawful for any person to- .advertise, represent or holdout that any sale of goods, wares- and. merchandise is. an insurance, bankruptcy, liquidation, mortgage, .. insolventt. s, - assigneets, executorts,. administratorts, .receiverts, removal .or closing out sale, or any particular department of such stock of goods,. •wares and merchandise,under 'the guise of discontinuing business, 'or: discontinuing that particular department; or a. sale of goods, wares and merchandise damaged .by `fir'e -smoke, '.wa.ter 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, (b) For the purposes of- this ordinance the term 'tpe'rson" shall be deemed to include corporation, partnership, firm, and association.. ( c) 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 - lerofoe�p'er�rri'tted orr`athorizecl-to conduct such sales.- (d) The. applicant for such a .permit shall make application therefor ,to* the. Manager of the -City of Bakersfield, and at the time • 1. . of .such: application -shall pay a minimum filing fee of Twenty-five Dollars ($25.00) , plus additional fees based .upon the- followi*g'`table: For'.•ariy amount of net:-.inventory. over and above; $5,060 up to ' 10;000, the sum off'.$5.00 -per' $l-,000, pr`-.fraction thereof. Por the next $50,000 .of-net. inventory, tYfe''su1A of '.$2 00 per 1,000, or fraction thereof: Ali ov6r-.,460,'000 of net inventory,: the sum of• 1'.00 per "41;000, or fraction. thereof. .(e) aid..app:lic•ation:must ;.be: in writing -and •-under• oath, showing all the- facts in regard .to the :-insurance, bankruptcy,. liquidation; mortgaging-, insolvency; 'assignment, admiriistrata.on,, 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. .- merchandis.e; by ..fire, smoke, , water. 'or :otherwis.e, an-d .showing- .6. 1 the facts. I.h.-regard. 'to the sale ' which he proposes to conduct .aiid.:the. place. and mannor•:of. conducting the same;- - including.- .an. inventory: of the. goods, wares and merchandise to be 'sold at such sale, and •a statement of the 'mines - of. the ersoris from .whom the•'goods., wares. and Ifterchan.dise so to be sold. were obtaixie.d, the date . of the delivery of such goods wares 'and'.mer.chandise to the-person 'applying--. for 'the' permit, and 'the place ''from which said goods,---wares and merchandise were last taken and all-:.details:necessary.-to fully identify th•e goods,.. wares: and merchandise so - t•o' be sold. . Such application- shall specify the proposed period. o:f ' time•. over Which such sales' shall.. continue, which. period . shall not- exceed three (3) months•, . . . (f): The City Manager shall' not grant any permit. hereunder ui t:i1. the -application therefor shall.'have been referred-to the Chief . .of Police for -his--investigation. and 'report- thereon.: :. P•rovided,- --that if it shall be .made- to•:appear;-.upon sworn applica- _ t�iori=tt<-=ttr�-C y`Manager-atanyitime during said�poriodyof�three --h6 iths, 'that all' of the goods; wares and -merchandise. ,described 'and inventoried :in -the original applied-tiori have not 1;e,en sold; . accom= :. 2.. :. ' panied by a --statement or -inventory of what remains thereof, a permit supplemental. -to the one hereinafter provide.d for 'may be -issued- by said City Manager upon the same terms and .condition6 ''as .said original permit granting authority to continue such sale 'for°'a' further period of three months.— Such original application shall also specify the type of sale applicant proposes to advertise- or conduct. (g) If the City Manager 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 any of . its '-officers directors or members have violated this ordinance, and that the advertising or conducting of such .sale will not be injurious to the peace; health, safety or welfare of the 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 a sale of the particular kin.d •mentioned in the application, in. accordance with the requirements .of this ordinance'. . SECTION 2. This ordinance. shall be effective thirty days from and .after the- date of its passage. . . I HEREBY CERTIFY that the foregoing Ordinance was .pas.sed. and Adopted:-by- the Council of the City of Bakersfield -at a •regular meeting thereof held .on the P.3 day of May, 1955; by- the following vote: AVF.S-'CARNAK18, AOLLINN, PRORP, NONWN1 P14% MORONI �N � NOES: �w ■p.w'.n .,� a. r J~ City C 'erk• and.Ex-Officio '.Clerk of the Council of the City of. Bakersfield APP OVED thi day of May, 1955. MAYOR of tht/City of Bakersfield 3. r I I � • A ,n E STATE OF CALIFORNIA c County of Kern } I MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that i,' Ma 25 I q 55 she posted on the Bulletin Board at the I l� - "FIR TION STA - -- - - , �a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on........May---23----...................----------------...............-.......---...... 19-5.5-, which ordinance was numbered.... Series,and entitled: 1 ; AN ORDINANCE AMENDING SECTION 1 OF ORDI— NANCE NO. 561 NEW SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA I 1 � i I.1 I � t �. I I !' I.q t i ! � � c I .......... .. Y.I� Subscribed and sworn to before me this 25-----......day of---May----- ------------------ 19-55.. , k ` 'Notary Public in and for the County of Kern, ! State of California. 5 ' t ` I J