HomeMy Public PortalAboutOrd. 0480 �
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ORDS�?.�IdCE N0. 480 '
AN ORDIN9I4CE REGULksTTiSC SO-CALLED °GOING-UUT-OF-
T3USINESS 5ALES,° "FIRE SALES,° °CLOSING_OUT SALE3,'�
AND 5ALES OF A SI?i4IL�R NATURE.
The City Council of the City of Lyn�^ood �o�s hereby ordain
�s follews:
Seetion 1: Permit Required. It shall be unlav�ful far any
pereon to a.d.ver.tise, represent or hold out thzt any szle of hoods,
�. �vare� or merchandise is a bank?°uptcy, mortgage, insolvent�s, assignee's,
executor's, �dministrator's, receiver'„, trustee's, or any removal or
closin� ouT, sale, or a sale of goods,�wares or merckita,ndise damaged by
fire, smoke or �ra.ter; or a, sa.le of' goods from the stock oi a bankrupt,
' receiver, trustee, receiver, trustee, receivership or trusteeship, or
to advertise, represent or hold out th�t any eale of goods, ��ares or
merchandise le anticipatory to or to avoid. the termination, closin�,
liquidatinu, re�rision, taind-vp, discontinuance, conclusion, or aban�on-
ment of the busines� in connection ti<rith such sale, or to advertise or
make any representa.tion in �ny manner as reasonablg to ccnvey te the
- public the belief that upon the disposal of the etock of goods on hand
the buainess will cease and be discontinued, includin� but not limited
to sales advertised, held out or represented as "F�d�uster's Sales,
"Ad,justinent Sale, °Admini�.trator's S�le," "Alteration S�le," "Assignee'a
Sale,° "Bankrupt Sale,° °Eenefit of Admini3trator's Sale,." "Benefit
° of Trustee � s Sale, �' °'r3uild.ing Comzng Dawn Sal"e, °°Closing Sa.le, °
"Closing Out Sale,° '�Damaged Sale," "End Ssle," "Executor's Sale,°
"Final Days' Sale, "Fire Sale,° °Forced 0ut Sale, "Forced Out of•
Bueiness Sale," "Insolvent Sa1e," "Last Days' Sa1e," "Lease Expires
Sale,'� "Liquidation Sale," "Loss of Lease Saie," �'TN�fortgage 5ale,
°Receiver's Sale, "Remova.l Sale, °Reor�aniiation Sale," "Salva�e
, Sale,", Sale,'� "Smoke and Water Sale," "Trustee's Sale," °�uitting
," Business Sale, ��4�lholesale'Cleaning Out Sale,° and also including but
not limited to sales the advertisement of �:�hich contains the vaord'
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"creditor° or °creditors," unless he sh211 have first.ma.de application
for and received a permit to conduct such sAle from the Chief oY Police
of the City of Lynv�ood.
The term "person" as used herein ahall be deemed to mean and
include any person, firm, assor,iation or corporation.
Section 2: Application £or Permit. :1n person desiring
such a pernit 9hr�11 make an anplication therefor to the Chief of Police
of the City of Lyncrood and_ shall at the ti;ne of filinC such application
pay a filing fee of �50.00 to the Gity Clerk.
Such application sha.11 conform to the follov�ing reauirements:
(1) It �ust be in vmiting and under oath.
(2) It mu.st contain the names of all the parties connected
tvith or interested in such sale.
(3) It r�ust stai,e all the facts in regard to Lhe bankruptcy,
mortga�ing, insolvency, assi�nment, a.dministration, receivership,
trusteeship, or removal by re2son of which such sale is to be conducted,
or in regard to the closing out of the stock of goods, wares or mer-
chandise or any particular line or part thereof, with a statement as
to the reason for such closing out, or in rega.rd to the in,Jury caused
to such goods, u�ares or merchand_ise by fire, smoke or tivater, and shovaing
all the facts in regard to the proposed sale.
(4) It must contain a complete, accurate �nd detailed inven-
tory fully identifyin� and d.escribii?g the goods, �.vares or nerchandise
to be sold at such sale, including the follovring information.
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(z) A statement of the name and address of the persona
from whom the goode, wares or merchardise so to be sold, viere obtained.
(b) The date of delivery of such goods, wares or merchan-
diae to the appl?cant, the place from which delivered, and the name
of the party making the delivery.
(5) It niust state the place and manner in which such sale
ie to be conducted, the kind of sa"le it will be represented to be, and
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the manner in which it r;ill be advertised.
Section 3: Is�uance of Permits. If the Chief of Police
shall be satisfied that the proposed sale is of the character ��ihich the
applicant desires to conduct ar_d advertise, and_ that neither the appli-
cant nor any of its officers, directors or owners have violated this
or any other licenae ord.inance of the Cit�� of Lyntivood, said Chief of
Police shall issue a permit to the person applying for the same,
authorizing him to advertise a,nd conduct a sale for the particular
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kind mentioned in the application, according to the requirements of
this ordinance for a period not to exceed sixty (60).days, provided,
ho�vever, that the applicant rnay thereafter obtain a supplenental per-
mit as hereinafter provided,
A permit supplemental to tha.t originally issued shall be
issued to the applicant, by the said Chief of Police, for an additional
period of not to exceed sixty (60) days upon the same terms and con-
ditions of such original permit and upon the payment of the fee.pre-
scribed therefor provided it shall be made to appear upon a tiFrritten
application under oath that all the good.s, wares and merchandise described
in the original inventory have not been sold, ��rhich such application
shall be accompanied. by a complete inventory of such goods, ivare and
merchandise that have not been sold.
No permit shall be issued pursuant te the provisions of this
ordinance if any ef the goods, wares or merchandise described in the
inventory shall hav� been removed fron the place of sale mentioned in
the applic2tion after having been previously inventoried as herein re-
quired and any removal of such good.s, wares or merchandise shall cause
such �oods, vJares or merchandise to lose their identity as bankrupt,
mortgaged, insolvent'�, �.ssignee's, e°ecutor's, administrator's
receiver's, or trustee'� atock of goods, wares and merchandise, or a
stock of goods, wares and m2rchandise damaged by fire, smoke or water,,
end no permit shall thereafter be issue3 hereunder for the conducting
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of a sale of any such goods, tvares, o.r merchandise so re�oved.
5ection 4: Hearino Upon Application. The Chief of Police
may require a hearing upon five (5) days tivritten not_ce tc the appli-
� cant statin� the time, place and purpoee of such hearing, for the purpose
of determining whether any unusual purchases and add.itions to the stock
of such goods, wares or merchandiae have been made within slxty (60)
days prior tc *he filing of the application for a. permit to conduct
such sele mentioned in Section 1 oP this ord_inance and if, a.fter such
hearing, it is determined by the sai� Ch�ef oi Police that any cuch
purchases or additions have been so made during such period the said
Chief of Police ehall refuse to issue a pernit therefor.
Section 5: Recorda to be Kept. The Chief of Police to whom
a.pplication is made, as provided for in Bection 2 hereof, sha11 endorse
upon such �pnlication the date of its filing and shall preserve the
same as a record, and shall make an abstract of the facts set forth
in such �pplication in a Uook kept ior that purpose, properl,y indexed,
containing the name of the person asking for such permit, the nature
of the proposed sale, the place �vhere such sale is to be conducted, ita
duration, the inventory value of the goods, u�ares and merchandise to be
sold. and a general stateMent as to where the same came f rom and shall
make in said book a notation a.s to the iesuance or refusal of the per-
mit �.nplied for, together with the date of the same; and. shall endorse
, on said application the date the permit tnerein applied for is �ranted
or refused, and such a.pplication and abstract shall be prima facie evi-
dence of all etatements therein contain2d.
Section 6: Unlawful to Add to Stock or Se11 Uninventoried
Articlea. It shall be unlawful for any person carrying on or conducting
a bankrupt, mortgage, insolvent, assignee's, executor's, administrator's,
receiver's or trustee�s, or any removal or closir.c out.sale, or sale
of goods, wares oi merchandise�.damaged by fire, smoke, or eaater, or a
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sale of goods from the stock of a bankrunt, recei�rer, trustee, receiver- '
shlp or trusteeship, und.er a permit as provided in Section 1 of this
ordinance, to add, during the continuance of such sale, arv gooda, wares
or Merchandise for the purpoae of selling the sume,tc the stock of gooda,
wares or merchandiae described and inventoried in h=s cm iginal appli-
cation for such permit, and no goods, �vares or merchandise shall be sold
at, or during such sale, excepting the goods, wares or merchendise
described and inventoried in such original application, and each and
every add_ition of �ood.s, wares or merchandise for the purpose of sale,
to sueh stock of goods, �vares or merchandise described and inventoried
in said application, and each sale of such goods, wares or merchandise
as v�rere not inventoried and described in sa,id application, shall con-
stitute a separate offen�e under this ordinance.
Sectien 7, Fxamination of Records. The ChieP of Police shall
at all times have the power to make an examination or inveatigation of
the bueineas and the booY.s, records and accounts, and_ other papers per-
taining thereto, of �ny company or individual theretofore perr.titted or
authorized to conduct such sales.
Section 8. F.evocation or suspension oP permit. Every per-
mit iasued hereunder shzll be sub,ject to revocation at an,y time in the
manner herein�fter provided. �'Jhenever it sha.11 appear to the legisla-
tive body of the City of Lyni�roed that there is a reasonable ground for
such action, an order to show cause why such permit should not be re-
voked shall be given the holder thereof. Such order shall contain a
brief statement of the reasona therefor, and shall fi:: a time and place
• when such permittee may apoear and be heard, with tvitness, in his otvn
behalf. Such order �a.y be delivered to 3uch permittee personally or
may be left in a conspicuous plece at, or with the person in charge of,
the place of business, if any, �:?tzere tne privileges of the permit are
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or shall be exercised. At the time and place fixed in such order, or
at any time to �vhich the matter nay be continued, the legislAtive
body shall hear and gzas upon all matters within the scooe of such
order, and if,after such hearinP said legislative body is satisfied that
proper notice has been given, and that such permittee Yias violated an3
ordinance of the City of Lymvood, or statute ef the State oT�California,
or.of the United States, or that such permlttee is net a fit person
� to be trusted ��ith the privileges granted by such permit, whether the
cond.uct upon which such finding is based constitutes a public offense
punishable in the courts or not, the sa.id legislative body may, by
oxder made on motion, suspend or revoke such permit, and during the
period of such suapension, or after such revocation, as the case may
be, such permit shall be void and without force or effect. In making
any such order the legislative body may authorize the refund of a11 or
any portions of the P=e oaid therefor. After a.n3 such perm�t shall
have been revoked, neither the holder thereof nor any oerson acting
for him directly or indirectly, shall be entitled to another permit
to carry on the same or any similar sale in the City of Lyn�vood_ unleas
the apr�lication for such permit sha.11 be apecifically approved by the
legislative body.
Sect3on 9: Permits not Required for Official 5ales. The
provisions of this ordinance shall not apply to sheriffs, constables,
executors, administrators, receivers, trustees under court or private
tru�ts, or other public or court officers, or to any other peraon or
persons act?ng upon the license, direction, or authority of any court,
selling goods, wares or merchandise in the course of their official
duties.
Section 10: Violgtions. Any person, firm or corporation
I violating any of the provisions of this ordinance ahall be deemed guilty
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of a�isdemeanor and upon conviction thereof sh�ll be punishable by a
fine of not to exceed five hund.red dollar� (w500.00) or imprisonment
in the City Jail of the City of Lyn�vood. or the County Jail of Los
Angeles County, S�ate of California, for a period of time not to er-
ceed six month�, or by both such fir.e and imprisonment.
Each such person, firm or corporation shall be deemed guilty
of a separate offens� for every day during any portion of which vio-
lation oi any provision of this ordine.nce is committed, continued, or
permitted by such person, firm or corporation, and shall be punishable
therefor as provided by this ordinance.
Section 11: If any section, subsection, aentence, clause,
or phrase of thie ordinance be for any reason held. to be unconstitutional,
void or invalid, the validity of the remaining portions thereof shall
not be affected thereby, it being the intent of the legislative bod,y
of the City of L��nwood in enactir� this ordinance, th�t no portion or
provision thereof sha.11 becorae inoperative �y reason of the unconstitu-
tionality or invu].idity of any other portion or provision.
Section 12: This ordinance shall take efPect upon the ex-
piration of thirty (30) days from the date of its publication,
Section 13: The City Clerk shall certify to the adoption of
this ordinance and ahall cause the same to be pu�liahed once in the
Lyn�ood Press, a weelcly newspaAer published, printed, and circL�lated
in the City of Lyn�vood, Californi2., and which said newspaper 3a hereby
designated for that pvrpose.
� PASSE� and ADOPTED this 6th da of July, 1948.
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STATE OF CAL IFORIQ IA )
COUNTY OF LOS AVGELES: ss
CITY OF LYNvv00D )
I, thi; ur.dersigned, City Clerk of the City of
Lynwood, California, do hereby certify that the �bove and
foregoing orc�inance �vas duly ta.doptEd by the City Council of
said. City at �. _''——' meeting thereof held in the
City Hall oY saicl City, on the 6tk� day of Julv .__
and p�s�ed by the follovring vote:
AYES: COUNCILD:tEN: B�ner, Jensen, Stroh,
Plilla rd and Wi112 ams.
NOES: COUNCIL,1v2EN: None_
A�SEDtT: COUNCILb2ENt None. .
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