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HomeMy WebLinkAbout927 ORDINANCE NO. 927 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, REGULATING GOING -OUT-OF - BUSINESS SALES, FIRE SALES, ETC.; DE- FINING THE SAME; PROVIDING LICENSES THEREFOR AND REQUIREMENTS; PRE- SCRIBING PENALTIES FOR VIOLATIONS. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1. Definitions. For the purposes of this ordinance the following terms, phrases, words and their derivations shall have the meaning given in this section. The word "shall" is always mandatory and not merely directory. (1) Fire and other altered goods sale. "Fire and other altered goods sale" is a sale publicized in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means. (2) Going-out-of-business sale. "Going-out-of-business sale" is a sale publicized in such a manner as reasonably to cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued either permanently or at the existing location, including but not limited to the following sales: ad- justors; adjustment; alteration; assignees; building coming down; closing; creditor's committee; creditors; end; executors; final days; forced out of business; insolvent's; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's; trustee's; quitting business; removal. Any sale using any of the foregoing words or words of similar import; at the conclusion of which sale the business will not cease and be discontinued, and not publishing that fact or the qualified nature of such sale with equal prominence with each advertisement of such sale, shall be deemed to be a going-out-of-business sale. (3) Goods. "Goods" is meant to include any goods, wares, merchandise or other property capable of being the object of a sale regulated under this ordinance. (4) Publish, publishing, advertising, or advertisement. The words "publish", "publishing", "advertising", or "advertisement", shall include any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, newspaper adver- tisement, magazine advertisement, handbill, written notice, printed display, billboard display, poster, radio or television announcement and any and all means including oral, written or printed. SECTION 2. License required. No person shall publish or conduct any sale of the type defined in Section 1 of this ordinance without a license therefor. SECTION 3. Tax collector to supervise sales and issue licenses; form and contents of applications. The City tax collector is hereby authorized and empowered to supervise and regulate sales or special sales defined in Section 1 of this ordinance and to issue appropriate licenses therefor. Such licenses shall be issued by and in the discretion of the City tax collector upon the written sworn application in a form approved by the City tax collector and verified by the person, who, or by an officer of the corporation which, intends to conduct the sale. Such application shall con- tain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sublease, and the effective date of the termination of such occupancy, and the media to be employed in publishing such sale. -2- Such application shall further contain, as part thereof, a complete itemized list of the goods, wares and merchandise to be offered for sale, the place where such stock was purchased or acquired, and, if not pur- chased, the manner of such acquisition. Such application shall contain any additional information which the City tax collector may require. SECTION 4. Period of license. Any license issued under this ordinance shall authorize the sale described in the application for a period of not more than f~0~¥zf}y~.C~rm, ecuriv~xlaYs, Sundays and legal holidays included, following the issuance thereof. SECTION 5. Renewal of license. The City tax collector may renew a license for one period of time only, such period to be in addition to the forty-five days permitted in the original license and not to exceed fifteen consecutive days, Sundays and holidays included, when he finds: (1) That facts exist justifying the license renewal. (2) That the licensee has filed an application for renewal. (3) That the licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inven- tory remaining unsold and not listing any goods not included in the original application and inventory. For the purpose of this subsection any application for a license under the provisions of this ordinance covering any goods previously inventoried as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant, or by any other person. SECTION 6. Amount of license fees; forfeiture of~e upon disapproval of application. Upon filing an original application or renewal application for a license to advertise and conduct a sale under this ordi- nance the applicant shall pay to the City tax collector a fee equal to the -3- occupational license paid the previous year by such applicant or a fee of fity dollars, whichever is less. If any application or renewal application be disapproved, such payment shall be forfeited to the City as and for the cost of investigating the statements contained in such application or renewal application. SECTION 7. Bond or cash deposit required of applicants. Applicants for licenses under this ordinance shall also file a bond to be approved by the City tax collector in the amount of one thousand dollars, or shall deposit such amount in cash in lieu thereof with the City tax collector. Such bond shall be conditioned upon, or such cash deposit shall be held to guarantee, that the licensee will comply with the terms, conditions and requirements of this ordinance and the license issued to him hereunder; will file with the city tax collector a full report of the disposition of all merchandise inventoried with the original application; will pay all taxes due or owed to the city by such licensee; present proof that such sale has been terminated within the licensed period, and, in the case of a going-out-of-business sale, that the licensee has actually vacated such premises. SECTION 8. Limitations on authority granted by license; assignment or transfer prohibited. Any license issued under this ordi- nance shall authorize only the one type of sale described in the application at the location named therein, and such license shall authorize only the sale of goods described in the inventory attached to the application. No license issued hereunder shall be assignable or transferable. SECTION 9. Licensee to surrender ail other business licenses applicable to same location and goods. Upon being issued a license under this ordinance for a going-out-of-business sale the licensee shall surrender -4- to the city tax collector all other city business licenses he may hold at that time applicable to the location and goods covered by the application for a license under this ordinance. Such surrendered license or licenses shall be held by the City tax collector until such sale is terminated, at which time the same shall be cancelled and no refund for any unexpired portion thereof shall be made by the City. SECTION 10. Display of license; examination of merchandise or stock list. Upon commenceme t of any sale, as defined in Section 1 of this ordinance, the license issued by the City tax collector shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the City tax collector or his duly authorized agent, and the licensee shall permit such City tax collector or his duly authorized agent to examine all merchandise in the premises for comparison with such stock list. SECTION 11. Advertisement of sales. All advertisements or advertising and thelanguage contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which a license was issued, and the wording of such advertisements shall be in keeping with the wording as indicated in the application. Such advertising shall contain the statement: "Sale held pursuant to permit No. of City of Sanford, granted the __ day of ." and in such blank spaces shall be indicated the permit number and the requisite dates. SECTION 12. Books and records; daffy sales reports. Suitable books and records as prescribed by the City tax collector shall be kept by -5- the licensee and shall at all times be available to the City tax collector or his authorized agent. At the close of business each day the licensee shall file with the City tax collector a written report of his gross sales for each day. SECTION 13. Prohibited acts. A licensee hereunder shall: (1) Make no additions whatsoever during the period of licensed sale to the stock of goods set forth in the inventory attached to the application for license. (2) Refrain from employing any untrue, deceptive or misleading advertising. (3) Conduct the licensed sale in strict conformity with any advertising or holding out incident thereto. SECTION 14. Persons exempt from ordinance. The provisions of this ordinance shall not apply to or affect the following persons: (I) Persons acting pursuant to an order or process of a court of competent jurisdiction. (2) Persons acting in accordance with their powers and duties as public officers such as sheriffs and marshals. (3) Duly licensed auctioneers selling at suction. SECTION 15. Penalty. Any person who shall violate, neglect or refuse to comply with any of the provisions of this ordinance shall upon conviction thereof, be punished by a fine of not more than two hundred dollars or by imprisonment not exceeding sixty days, or both such fine and imprisonment. Any person making a false statement in the application provided for herein shall, upon conviction, be deemed guilty of violating the pro- visions of this chapter. SECTION 16. That this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED THIS 23rd day of October A.D. 1967. City G~le rk ' ' ,, -~.r ;, '~ ? , ~wayor . ~g th~ City Commfssion of the City of Sanford, Florida. CERTIFICATE I, H. L. Whelchel, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 927, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 23rd day of October, 1967, was POSTED at the front door of Sanford, Florida, on the of the City Hall in the City 27th day of October, 1967. City Clerk -7-