ORD-33-70 ESTABLISHES LICENSE REQUIREMENTS FOR PERSONS CONDUCTING GOING OUT OF BUSINESS SALESE CITY NEWS:Please publish Wednesday, September 16, 1970, only, and send PROOF ilI\d
Proof of publication to City Clerk, P. O. Box 449, Granpe, Calif. 92669.
EMILY .,!.~_~LS~"...LS1TY CLERK .
ORDINANCE NO. 33-
70 AN ORDINANCE OF THE CITY OF ORANGE
REPEALING SECTIONS 6402 THROUGH 6402.7 OF THE
ORANGE MUNICIPAL CODE AND ADDING REVISED
SECTIONS 6402 THROUGH 6402.4 THERETO
ESTABLISHING LICENSE REQUIREMENTS FOR PERSONS
CONDUCTING GOING-
OUT-OF-BUSINESS SALES.THE CITY COUNCIL OF THE CITY
OF ORANGE
DOES ORDAIN
AS FOLLOWS:SECTION I:See tions 6402 through 6402.7 of
the Orange Munic ipal
Code are
hereby repealed.SECTION II:Sections 6402 through 6402.4 are
hereby added to the Orange Munic ipal
Code reading as follows:Section
6402
Going-out-of-Business Sale. License Required.No person
shall conduct any ty~e of going-out-
of business, closing-out, auditor s, or moving sale, or
any other type of sale advertised in a manner calculated
to convey to the public the belief that upon completion of the
sale or the disposal of the goods to be
placed on sale, the business being conducted at the
location of the sale will cease, be removed, or
discontinued;nor shall any person conduct any sale
of goods damaged by fire, smoke, water, or similar
disaster without having first obtained a license to
do so from the Director of Finance. This section,
however,shall not apply to any sales conducted
by public officers acting in their official capacities
nor to sales conducted
by persons acting pursuant to an order
of
a court.Section 6402.1 Same. Conduct
of Sale.b)Upon issuance of the license, the
aforementioned and described sale may continue for a
period not to exceed 60 days, provided that
should said period not be sufficient for completion
of the sale, a person conducting such sale
may apply for a maximum of four
supplemental licenses for periods not to exceed seven
days each.All goods, wares, and merchandise to
be sold during said sale shall be segregated and
set aside so that they may be easily
identified
as
6-,Ii
c)
No goods, wares, and merchandise may be sold at
such sale which have been received within 30
days prior ~o the date of the beginning of the
sale, provlded, however, that the Director f
Finance m~y grant relief from this prohibition If
he determlnes that unforeseen circumstances prevent
compliance.See
tion 6402.2 Same. Application for License.A
person desiring to conduct a sale described in Section
6402 who applies to the Director of Finance and
who complies with the provisions of this Part which
pertain to such sales shall be issued a license to
conduct such a sale. The application for a license shall
state the date said sale is proposed to begin.The
application for a license shall state the reasons for
and the nature of such sale, and, in the case of
an applicant who is changing business locations within
the city limits of the City of Orange, a certification
by said applicant that his new address will
be located within said city limits as well as a
statement of said new address. The application shall
include an inventory of all goods, wares, and merchandise
to be sold at such sale in sufficient detail
to fully identify said goods and a further certification
that nothing in such inventory has been
received within the 30 days immediately preceding the
date of the beginning of the proposed sale unless the
applicant is applying for relief from this re-quirement
as provided herein.The
application for a supplemental license shall include
an inventory of goods, wares, and merchandise remaining
to be sold, all of which goods must have been
included in the application for the original license,
and a certification that nothing has been added
to the inventory as prescribed in the preceding provision.
See
tion 6402.3 Same. Fees.The
fee for a license shall be $50.00. The fee for each
supplemental license shall be $10.00.All
fees collected pursuant to this section shall be refunded
to any person who, at the conclusion of the sale
described herein, restablishes a business at a location,
other than the location of said sale, within the
city limits of the City of Orange.Section
6402.4. Same. License not transferable.Any
license issued pursuant to the requirements of Section
6402 shall not be transferable and shall be valid
only for the inventory of goods included ~ith the
application for a license or supplemental llcense.2-
SECTION III:
This ordinance shall be published once within fifteen
15) days after its passage in the Orange City News a newspaper
of general circulation, published and circulated in'the City of
Orange, and shall take effect thirty (30) days from and after
the date of its final passage.
ADOPTED this 8th day of September, 1970.
29rn1r~~f5~Mayor 0 t e lty 0 rang-'
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ORANGE )
I, EMILY L. WILSON, City Clerk of the City of Orange, California,
DO HEREBY CERTIFY that the foregoing ordinance was introduced at a regular
meeting of the City Council duly held on the 25th day of August, 1970, and
thereafter at a regular meeting of said City Council duly held on the 8th
day of September, 1970, was duly passed and adopted by said City Council,
and that said ordinance was passed and adopted by the following vote, to wit:
AYES: COUNCILMEN: JORDAN, HILEMAN, HOYT, PEREZ, SMITH
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
WITNESS my hand and seal this 9th day of September, 1970.
SEAL)
f' /.(,--<~JA/.:1~7'<')J>{
L. Wilson t;-.
J:.
JCity Clerk
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