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Home My WebLink About4224 ORDINANCE NO. ~q AN ORDINANCE revising in pertinent part Chapter 5.12 of Bremerton Municipal Code, relating to the licensing of closing out and distress merchandise sales in the City of Bremerton. THE CITY COUNCIL OF THE CITY OF BREMERTON: DOES HEREBY ORDAIN: Section 1. A revised section BMC 5.12 is hereby adopted to read as follows: 5.12.010 DEFINITIONS. As used in this chapter (1) "Closing out sale" means a sale advertised, represented or held out as such arising from a future, actual or contemplated cessation of business; provided, however, that the closing out of a line of type of merchandise not resulting in a cessation of the entire business shall not be deemed a closing out sale. (2) "Distress ~= .... .......... , ..____ __ merchandise sale" includes all ~= ;~ .... =~ ~=~ ~ =~--~ ~ ~ =~ =~ insurance, bankruptcy, mortgage, insolvent, assignees, executors, administrators, receivers, or trustees sale of goods, wares, and merchandise; or a sale of goods, wares, and merchandise advertised as damaged by fire, smoke, water, or othe~ise, or a s~!~ goods, ....... , =~ .... ~=~ =~ .... ~ =~ ~=~ by (3) "R ...... ~ ~=~" ........ ~ =~ .... ~ ........ ........ ~ ..................... present ........... m new 5.12.020 LICENSE - REQUIRED. It is unlawful for any person to hold any sale as defined in ~5 12 010, or ~ ~ or clos!n~ out snlc in thc City, unless such person shall have Eirst o~tained a regulatory license to conduct such sale in addition to a ~usiness license. 5.12.0~0 LICENSE - I$O~TED $~LE$ O~ STOCE IN T~DE EXEMPTED. Nothin9 contained in this chapter shall ~e construed to require the licensin9 o~ a ~ona ~ide sale oE tools, e~ipment, supplies, ~ixtures, or stock in trade used in a trade or ~usiness, and not ordinarily held Eor sale, when such trade or ~usiness, discontinued,...~.~,~ ~~_~_,~ ~*~ or is replacing such items of property with new property for similar use in the trade or business. 5.12.040 LICENSE - APPLICATION. The applicant shall be required to file a statement showing all the facts in regard to the contemplated sale, the reasons for such sale, and keep on file for inspection aa complete inventory listing the goods to be sold, their actual selling price, names of the persons from whom the goods were obtained, date of delivery to the applicant, and all details necessary to fully identify the goods to be sold= a~ ~4~ ....... 4a~a Attached to the application .... ~ 4 ..... ~ .... forms shall be an oath to be signed by the applicant stating that none of the listed goods has been brought to the store within sixty (60) days last past and no license shall be issued as to any goods brought into the store during said period. Filing of a false affidavit shall be a violation of this Chapter. No license shall be issued to any person to conduct a close out sale for any business which he had not conducted for at least sixty (60) days at the time of application. 5.12.050 LICENSE - REQUISITE TO ISSUANCE. No license shall be issued for distress goods ..... os , .... , or merchandise, ~ or closing out sale unless it shall appear that the applicant is, in good faith, disposing of his stock for the purpose of retiring from business, or sale merchandise is distressed as a result of u4~Le~ he hzs suffered a fire or similar casualty loss of substantial aa~maa~ within thirty days prior to the date of such application, .... ~"~ ....... ~ ~ .... ~ ...... or unless applicant is in a voluntary or involuntary bankrupt condition~ cr un!ess ho is 5.12.060 LICENSE - FEE. The license fee for each closing out sale or sale of distress merchandise under this chapter shall be and is fixed in the sum of twenty-five two hundred dollars. 5.12.070 LICENSE - TERM. All licenses issued for a closing out or~-~m~-e~distressed merchandise sale ~ shall be valid for a period of two months only, unless renewed as provided in §5.12.080. 5.12.080 LICENSE - RENEWAL. At any time during the period of the license, application may be made to the city clerk showing that all goods in the original inventory have not been sold, accompanied by an itemized inventory of the remaining unsold goods, and if it appears to the city clerk that undue hardship will result unless the license is extended, the license may be extended and renewed on a daily basis upon the payment of an additional license fee of fifty dollars per day, which license shall contain in effect only so long as the daily license fee is paid and the licensee shall comply with the provisions of this chapter. Any application for such a license under the provision aof this chapter covering any goods, wares or merchandise previously inventoried and licensed, shall be deemed to be an application for renewal under this section, whether presented by the original applicant or by any other person. 5.12.090 - RESERVED. 5.12.100 USE OF CERTAIN WORDS WITHOUT LICENSE PROHIBITED. It is unlawful in the city for any person to advertise the sale of any goods, wares or merchandise by using the words, "fire," " "mortgage " "insolvent," "smoke," "insurance," "bankruptcy, , " ~ "receivers," " "close out," "distress, "liquidation, "trustees," "executors," "administrators," or words of similar import to denote the type or kind of sale, unless same is a bona fide distress gccds, ware= cr merchandise sale, or is ~ removal or closing out sale; and such person has first obtained a license to conduct such sale pursuant to the provisions of this chapter. 5.12.110 INSPECTION OF PREMISES. Ail premises used for licensed closinq out or distress ~vv__, .......... ..____ _.._~ merchandise sale~ as hereinbefore set forth shall at all reasonable times be open to inspection by the a~ authorized enforcement officials ~ ..... cf the city rcTaired to ~ .... ~ ch~ter ~ ~ to ascertain whether any infraction of the provisions of this chapter have taken place or is taking place therein. 5.12.120 COMMIN~LIN~ OF ~OODS. The license shall be valid only for the inventoried goods. It shall be a violation of this chapter for the holder of a closing out sale license to add to the inventoried goods during the conduct of the sale, or to commingle the inventoried goods with others, or to sell in the sale any goods not listed on the complete inventory required to be kept under §5.12 040 ~ '-'~ ~ ~ ........ ~~" During the sale the licensee shall retain copies of sales slips on all goods sold and such slips shall identify the merchandise sold and shall be kept available for examination by enforcement officials ~ ~' ~ ~ ~ ~ .... ~ If ~ ~ ~ ........ ~ goods have been added to or commingled with the inventoried goods or %h~% goods have been sold which are not listed on such inventory, he shall revoke the closing out sale license shall be revoked and it is unlawful for the licensee to then proceed with such closing out sale. 5.12.130 PURCHASES WITH INTENT TO COMMINGLE. No person seeking a license shall secure goods, wares or merchandise prior to the application for a license for the purpose of commingling with the distressed stock, and any unusual purchase or addition to stocks within sixty days prior to application for a license shall be presumptive evidence that any such purchase or addition was made for the purpose of commingling at such sale. 5.12.140 EXCEPTIONS. This chapter shall not apply to public or court officers or to any person acting under the direction of state or federal courts in the course of their official duties. Section 2. This ordinance shall become effective ten (10) days from passage and publications. APPROVED by City Council on the first reading this ~ day PASSErby the City Council of Bremerton this ~ day of ~'~-~/~ , 1989. ; LOBE, May6r ATTEST: City Clerk' McC~SKEY ~