§ 5.04.010. Closing out sales—License required.

A.

It is unlawful for any person to advertise or conduct any sale of goods, wares or merchandise at retail that is represented as a bankrupt, insolvent, assignee's, adjuster's, trustee's, executor's, administrator's, receiver's, wholesaler's, jobber's, manufacturer's, closing out, liquidation, closing stock, fire or water damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise of any business or any designated portion or line of goods therein for less than the current or going retail price thereof in the city, without first filing with the city council the inventory hereinafter provided for and obtaining from the city council a license so to do, to be known as a closing out sale license.

B.

It shall be unlawful for any person, firm, corporation or association to bring into the city any goods, wares or merchandise for the purpose of selling the same at retail at any sale as designated in subsection A of this section. No license shall be granted to any person, firm, corporation or association to conduct a sale of any such goods, wares or merchandise under any sale as set forth in subsection A of this section, unless such goods, wares and merchandise have been a bona fide part of a regular stock of merchandise of a person, firm, corporation or association engaged in regular business within the city.

C.

No license shall be issued for any of said sales defined in subsection A of this section unless it shall appear that the property proposed to be sold is or was a bona fide part of a stock-in-trade of a merchant in business in the city and that the sale to be conducted is in fact of the nature advertised, and that said stock in trade was not secured, purchased, or brought into said place of business for or in anticipation of such sale. It is unlawful for any person during the progress of such sale to replenish his or her stock by substitutions, fill-ins, leaders, or goods of any character whatsoever.

(Ord. 1088 §§ 1 and 2, 1941)