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HomeMy WebLinkAboutO-1951-266 ,3q � f r ORDINANCE NO. �� b r I AN ORDINANCE PROVIDING FOR THE REGULATION I OF THE ADVERTISING AND METHOD OF CONDUCTING j SALES OF GOODS, WARES AXD MERCHANDISE IN CONNECTION WITH THE DISCONTINUATION OF BUSINESS; DEFINING CERTAIN TERMS USED IN CONNECTION WITH SUCH ADVERTISING; PROVIDING A LICENSE THEREFOR; PROVIDING FOR THE SUPER- } VISION, INSPECTION AND REGULATION OF SUCH SALES BY THE CITY MANAGER OR HIS AUTHORIZED I DEPUTY; PROVIDING A PENALTY FOR THE VIOLA- TION HEREOF; PROVIDING A SAVINGS CLAUSE; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. i BE IT ORDAINED BY THE CITY COMKISSION OF THE CITY OF i DANIA, FLORIDA: Section 1: Definitions. - The words "sale" or "sales" as used in this ordinance are defined as to be the sale, or an �i offer to sell, to the public goods, wares and merchandise of any 1 and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising on the part of the seller and anticipatory to the termination, closing, i liquidation, revision, winding-up, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a "bankruptcy sale" or any sale in which the terms "bankrupt" or "bankruptcy" are used in connection with advertising pertaining to such sale. I } It shall also include "adjustment sale" , "creditor' s sale", "liquidation sale", "reorganization sale" , "alteration sale", "executor's sale", "administrator' s sale", "insolvency sale", II i "fire sale" , "insurance salvage sale", "mortgage sale", "assignee's { sale , adjustors sale , receivers sale", loss of lease sale". i "closing-out sale", "wholesaler' s closing-out sale", "creditor' s committee sale", "forced out of business sale", It sale" , i and any and all sales advertised in such a manner as reasonably to convey to the public that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued. The words "publish", "publishing", "advertising", and "advertisement" shall include any and all moune of conveying I i -1- j { i i i to the public notice of a sale or notice of intention to conduct a sale whether by word of mouth, newspaper advertisement, maga- zine advertisement, handbill, written notice, printed display, billboard display, poster, radio announcement, and any and all i means, including oral, written or printed. Where the term "City Manager" is used herein, it shall include his authorized deputy, assistant or agent. i i Section 2: License Required. - No person shall here- after publish or conduct any sale of the type defined in i Section 1 hereof, without first having obtained a license as hereinafter provided. J Section Application for license; contents, investi- gated by City Iflanager; and issuance of license. - Any person or corporation desiring a license to conduct any sale of the type 1 defined in Section 1 of this ordinance shall make a written application in a form approved by the City Manager and verified by the person, or, if a corporation, an officer thereof, who intends to conduct the sale. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sub-lease, and the effective date of termination of such occupancy, the means to be employed in publishing such sale, together with the proposed language to be contained in any advertisements. Such application i shall further contain, as part thereof, an inventory containing a complete and accurate list of the stock of goods, wares and merchandise on hand to be sold at such sale. Such verified application shall include the names and addresses of the persons, such as the partners, officers and directors, and the principal stockholders and owners of the business and the inventoried merchandise. The mentioned inventory shall contain the cost price of the respective articles enumerated therein, together with the date of such purchase and the identity of trio seller. If the goods, wares and merchandise were purchased by the appli- cant or the person for whom he is acting as agent for a lump sum, -� -2- a i 3 i or if there are other circumstances that make the listing of the cost price for each article impracticable, such inventory shall state the lump sum paid for such goods, wares and merchandise, f and the circumstances of the purchase of the same. The applica- tion shall further state the period of time during which the proposed sale is to continue. I Upon receipt of such application and the payment i of the fee hereinafter prescribed, the City Manager shall cause the same to be examined and inspected. If, after such inspection, the City Manager is satisfied as to the truth of the statements contained in such applicabion and as to the form and content of the advertising to be used in connection with such sale, he shall issue a license permitting the publication and conduct of such i I sale, provided however, that, prior to or at the time of the 1 issuance of such license, the applicant therefor shall surrender for cancellation his existing occupational license for the busi- ness involved without refund of the fee or any portion thereof i paid for the said occupational license. Section 4: License period; renewals. - The license hereinabove provided for shall be for a period of time not ex- i ceeding thirty (30) days. The period of time during which a sale may be conducted under a license issued under the provisions hereof may be extended by the City Manager of said city, if, at i any time during the term of the license, a written application for such extension duly verified by affidavit of the applicant shall be filed by said licensee with the City Manager. The appli- cation for an extension of such licenses shall state the amount of the goods, wares and merchandise listed in the original inven- tory which shall have been sold since the issuance of the license, i and the amount of goods, wares and merchandise contained in said original inventory which still remain in the possession of the applicant for sale, and shall state the length of time for which an extension is requested. No extension of the license shall be granted if any goods, wares or merchandise shall have been added I �J -3- i J i I to the stock of merchandise listed in the inventory filed as required by Section 3 of this ordinance, since the date of the issuance of the license, and the applicant shall satisfy the City Manager, by affidavit or otherwise, as directed by him, that no goods, wares or merchandise have been added to the said stock since the date of issuance of the license. The City Manager may, in consideration of the facts, upon hearing said petition, grant or deny a supplemental license and, if said supplemental license is granted, the period of the extension shall be determined by said City Manager; provided that not more than two supplemental licenses shall be granted in any event, the first of which shall not exceed thirty (30) days from the expiration of the original license, and the second such exten- sion shall not exceed fifteen (15) days from the expiration of the supplemental license. The fees to be collected by the City Manager for the issuance of such supplemental licenses shall be the same as the fee collected for a "closing-out sale"license. Section 5: Application fees: Forfeited to City upon ' 6 disapproval of application. - Upon filing an original applica- tion or renewal application for a license to advertise and con- duct a sale or special sale, as defined in Section 1 hereof, the applicant shall pay to the City Manager a fee in the sum of $¢25.00. If an application or renewal application be disapproved, such payment shall be forfeited to the City for the cost of in- vestigating the statements contained in such application or renewal application. Section 6: City Manager to supervise sales and make regulations for their conduct. - The City Manager is authorized and empowered to supervise sales or special sales, as defined in Section 1 hereof. He is further empowered to make such rules and regulations for the conduct and advertisement of such sales as in his opinion will serve to prohibit deception and to protect -r - i { J I the public. In this connection, members of the Police Department shall be deemed to be the duly authorized agents of the City i Manager. Sect_ ion 7• License to be displayed; inspection of merchandise. - Upon commencement of any sale, as defined in Section 1 hereof, the license issued by the City Manager shall j be prominently displayed in its original form near the entrance to the premises. No copy of such license shall be otherwise displayed or utilized in any advertisement, r..or shall any advertising be so worded or drafted as to indicate that such sale is being conducted under the sanction or with the approval of the Cit y• 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 Manager and to members of the Police Department, and the licensee shall permit such officers i to examine all merchandise in the premises for a comparison with i f such stock list. � section 8: Advertisement; books and records; stock list to be revised daily. - All advertisements or advertising and the language contained therein, in reference to a sale con- '"` ducted under the provisions hereof, shall be in accordance with r the purpose of the sale as stated in the application pursuant to which a license was issued and the wording of such advertise- ments shall not vary from the wording as indicated in the s and records as appli- cation. Suitable book I i prescribed by the City Manager shall be kept by the licensee and shall at all times be available to his inspection. At the close of business each day, the stock list attached to the application shall be revised and those items disposed of during each day shall be so marked j thereon. I Section g; New or additional merchandise not to be added to stock. - It shall be unlawful for the holder of any !i license issued under the provisions of this ordinance to bring 9 I upon or cause to be bruught upon the premises for which th -5- i i f mentioned license is issued any goods, wares or merchandise I application for not shown or otherwise accounted for in sell or offer for sale 1 such license with intent to advertise, such goods, wares or merchandise to the public. Section n 10: Exemptions. - The provisions of this l; to or affect the following persons: ordinance shall not apply Pursuant to an order or process of a court (1) persons acting P in accordance { of competent jurisdiction; (2) persons acting powers and officers, such as with their p d duties as p licensed auctioneers, selling sheriffs and marshalls; (3) duly at auction* persons who Section Penalty and violation. - Any II 1 with any of the Pro- shall violate, neglect or refuse to comply visions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars to exceed sixty (60) days' or (�b5 00.00) or by imprisonment not i by both such fine and imprisonment. 1 Section - In the event any section, sentence, Claus e or phrase of this ordinance shall be deemed or adjudge to be invalid or l, such adjudication shall in unconsitutiona the remaining portions hereof, no manner affect and the same jshall remain in full force and effect as if such sections aPa t of i sentence, clause or phrase had not originally this ordinance. Section 1 All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 1 This ordinance shall be in force and i take effect iimnediately upon its passage and adoption. PASSED AND ADOPTED on First reading this S_ day �,C� • A. D., 1951• 11 of this /1 day I PASS AND ADOPTED on Second reading — I , A. D. , 1951- of I � I � 1 i PASSED AND ADOPTED on Third reading this day of , A. D., 1951* l i I Mayor-Comm ssioner f i i i ATTEST: City Clerk and Auditor I I i i I f I i i l 1 i -7- j