HomeMy WebLinkAbout1858ORDINANCE NO. Imo_
AN ORDINANCE of the City of Kent, Wash-
ington governing Going Out of Business Sales",
providing for licensing thereof, establishing
procedures for conducting such sales and pro-
viding penalties for violations.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. LICENSE REQUIRED. It shall be unlawful for
any person to advertise or conduct any sale of goods, wares, or
merchandise at retail that is represented or advertised as a
bankrupt, insolvent, assignee's, adjustor's, trustee's, execu-
tor's, administrator's, receiver's, wholesaler's, jobber's,
liquidation, quitting business, or any other sale which is by re-
presentation of advertisement intended to lead the public to be-
lieve that the person conducting said sale is selling out or
closing out all, or substantially all, of the stock of goods,
wares or merchandise of any business for less than the current
or going retail price thereof in the City of Kent, without first
filing with the City Clerk an inventory hereafter provided for
and obtaining from the City Clerk a license so to do to be known
as a "going out of business license". Such license shall be issu
ed by the City Clerk upon payment of proper license fees herein-
after provided for.
Section 2. REQUIREMENT FOR EXISTING BUSINESS LICENSE.
No going out of businesslicense will be issued to any person that
does not at the time of application for the going out of business
license hold a then valid Kent Business License.
Section 3. PERSON DEFINED. "Person", as used in this
Ordinance, shall include any person, firm, partnership, or corp-
oration in the City of Kent. The manager of any firm or corpora-
tion shall be deemed responsible for the obtaining of such li-
cense as well as such person, firm, or corporation.
-1-
Section 4. LICENSE APPLICATION REQUIREMENTS. Any per-
son desiring to secure a license to advertise or to conduct any
sale of goods referred to in Section 1 of this Ordinance shall
make application for license therefor to the City Clerk. The
application shall state the name and address of the person, firm
or corporation applying for the same and shall specify the period
of time during which the sale will continue, which shall not ex-
ceed three (3) months except as hereinafter provided. The appli-
cation shall have attached to it an inventory which shall contain
a complete and accurate list of goods, wares and merchandise to
be sold, together with the wholesale price thereof. The inven-
tory shall be signed by the person seeking the license or by an
authorized agent thereof and said application shall be accompan-
ied by the oath of the applicant or agent that the statements
contained in said application are true and correct to the best of
his knowledge and belief.
Section 5. BASIC LICENSE FEE. The basic license fee
for going out of business sale licenses shall be $75.00. The
basic license shall be valid for a period not to exceed three (3)
months and the basic license fee shall be paid at the time of
application therefor.
Section 6. SUPPLEMENTAL LICENSING. If at any time
during three (3) months after issuance of a basic license a sworn
statement is filed with the City Clerk that all the goods in the
original inventory have not been sold, said statement to be ac-
companied by an inventory of what remains unsold, showing the
wholesale price thereof, a supplemental license to be effective
upon expiration of the basic license shall be issued by the City
Clerk. The fee for supplemental license shall be $50.00 per day
and said license shall remain in effect only upon receipt each
day of the $50.00 fee and only so long as full compliance with
all provisions of the Ordinance occurs; provided, however, that
no supplemental license may be issued for any period thirty (30)
days beyond the expiration date of the basic license.
Any application for a license under this Ordinance
covering any goods, wares or merchandise previously inventoried
and licensed, shall be deemed to be an application for a supple-
mental license under this section, whether presented by the ori-
ginal applicant or by any other person.
-2-
Section 7. The City Clerk shall file each application
and shall endorse on such applications the date a license is
granted or refused.
Section 8. FALSE APPLICATION. It shall be unlawful to
knowingly make any false statement in any application.
Section 9. CO -MINGLING OF GOODS. After sixty (60)
days any license issued under the provision of this Ordinance
shall be valid only for inventoried goods. Co -mingling of addi-
tional merchandise with inventoried merchandise shall cause the
inventoried merchandise to lose its identity as goods described
in Section 1 hereof, and any license issued under the provision
of this Ordinance shall no longer apply to the sale of such goods
After sixty (60) days, if inventoried stock shall be put on sale
with other stock the same shall be deemed to be co -mingled, un-
less sufficiently segregated and marked so that the difference
can be readily ascertained. A second inventory shall be submitte
after sixty (60 ) days.
Section 10. ADVERTISING GOING OUT OF BUSINESS SALES.
It shall be unlawful for any person to advertise a going out of
business sale in the newspaper or other media, or in any other
manner such as flyers, posters, window displays, etc., without
including in said advertisement the number of the license issued
to said person by the City Clerk for such going out of business
sale.
Section 11. VIOLATION. No goods shall be sold under
the going out of business license except those included in the
inventories. After sixty (60) days, each sale of goods not so
inventoried shall constitute a separate offense under this code.
Section 12. EXEMPTION. This Ordinance 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 official
duties.
-3-
Section 13. PENALTY. Any person violating any of the
provisions of this Ordinance, shall be subject upon conviction
thereof to a fine not to exceed $300.00.
Section 14. SEVERABILITY. If any section, subsection,
sentence, clause or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional, such decision will not
affect the validity of remaining portions of this chapter.
Section 15. This Ordinance shall take effect and be
in force five (5) days from and after its passage, approval and
publication, as provided by law.
ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSI�,,, CITY C ERK
AIPPROVED AS TO F.QRM:
DONALD E. MIRK, CITY ATTORNEY
PASSED the day of February, 1974.
APPROVED the D day of February, 1974.
PUBLISHED the day of February, 1974.
I hereby certify that this is a true copy of Ordinance
No. j , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
(SEAL)
MARIE JENSE , ITY CL
-4-