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.
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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
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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
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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
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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
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