16 of 1964 - Amending Title 20, relating to licenses, by adding to Chapter 5 'Closing Sale'. ROLL CALL
Salt Lake City, Utah, T'�ch 5 , 196 4
VOTING Aye Nay
Christensen - - I move that the Ordinance be passed.
Catmull . . . ,
Harrison . . . . i
(
Smart —l t�,
Mr. Chairman .
AN ORDINANCE
Result . . . .
AN ORDINANCE AMENDING Title 20 of the Revised Ordinances of Salt Lake
City, Utah, 1955, relating to licenses, by adding thereto a new Chapter 5 to
be entitled, "Closing Sale."
Be it ordained by the Board of Commissioners of Salt Lake City, Utah:
SECTION 1. That Title 20 of the Revised Ordinances of Salt Lake City,
Utah, 1955, relating to licenses, be, and the same hereby is, amended by
adding thereto a new Chapter 5 to be entitled, "Closing Sale," to read as
follows:
"CHAPTER 5.
"CLOSING SALE.
"Sec. 20-5-1. Definitions. As used in this chapter, the fol-
lowing terms shall have the meanings herein stated:
"(1) SALE. 'Sale' shall mean:
"(a) Any sale of, or any offer to sell to the public
or any group thereof, goods, wares or merchandise on order, in
transit or in stock, in connection with a declared purpose as
set forth by advertising that such sale is anticipatory to or
for the purpose of the termination, liquidation, revision,windup,
discontinuance, removal, dissolution or abandonment of the busi-
ness or that portion of the business conducted at any location; and
"(b) All sales advertised in any manner calculated to
convey to the public the belief that upon the disposal of the goods
to be placed on sale, the business or that portion thereof being
conducted at any location will cease, be removed, interrupted, dis-
continued or changed; and
"(c) All sales advertised to be 'Adjuster's Sale,'
'Assignee's Sale,' 'Administrator's Sale,' 'Closing Sale,'
'Creditor's Sale,' 'End Sale,' 'Forced Out Of Business Sale,'
'Going Out Of Business Sale, ' 'Insurance Salvage Sale,' 'Last Days
Sale,' 'Lease Expires Sale,' 'Liquidation Sale,' 'Removal Sale,'
'Reorganization Sale,' 'Quitting Business Sale,' 'We Quit Sale,'
'Wholesale Closing Out Sale,' 'Fixtures For Sale,' or advertised
by any other expression or characterization or phrase of like or
similar language which would reasonably convey to the public that
the sale is being conducted as a result of such occurrences as
enumerated above, which are not intended to be all inclusive but
refer to type or class of sale.
- 2 -
"(2) PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING. 'Pub-
lish,` 'publishing,' `advertisement," 'advertising' shall mean any
and all means of conveying to the public notice of sale or notice
of intention to conduct a sale, whether by word of mouth, newspaper
advertisement, magazine advertisement, handbill, written notice,
printed notice, printed display, billboard display, poster, radio
or television announcement and any and all means including oral,
written or printed.
"Sec. 20-5-2. License required. It shall be unlawful for
any person to publish or conduct any sale as defined in this chapter
without first obtaining a license to do so. This license shall be
in addition to any other license which may be required by any other
ordinances.
"Sec. 20-5-3. Fee. The fee for the license required by the
preceding section shall be Twenty-Five and 00/100 ($25.00) Dollars.
"Sec. 20-5-4. Application. Application for such license shall
be in writing, executed by the applicant under oath and shall con-
tain the following information:
"(1) Type of sale to be conducted and reason for conducting
such sale.
"(2) A description of the place where such sale is to be
held.
"(3) The nature of the occupancy, whether by lease or sub-
lease, and the date of termination of such occupancy.
"(4) The means to be employed in publishing such sale, to-
gether with the text of any and all proposed advertis-
ing matter.
"(5) An itemized list of the goods, wares and merchandise
to be offered for sale, including those on order and
not received.
"(6) Where and from whom such stock was purchased or acquired;
and, if not purchased, the manner of such acquisition.
"(7) Any additional information that the license assessor and
collector may require.
"Sec. 20-5-5. Year in business required prior to issuance of
license. Exception. No person, company or corporation shall be
eligible for a license nor shall a license be issued to any person,
company or corporation unless they shall have been previously
licensed to do business at the same location of such closing sale
for the 365 day period immediately preceding the beginning of the
said sale except in those instances where e bona fide hardship
would be created and in such instances proof must be furnished to
the license assessor and collector that:
"(1) Such hardship exists; and
"(2) At the conclusion of such closing sale all and any busi-
ness transactions of that particular applicant will completely and
permanently cease and desist.
- 3 -
"Sec. 20-5-6. Issuance of license and term. Upon the filing
of an application and a finding by the license assessor and collector
after investigation that the statements contained therein appear to
be true and are not false, fraudulent, deceptive or misleading in
any respect, a license shall be issued for a period not exceeding
thirty (30) days, upon the payment of the fee herein prescribed.
"Sec. 20-5-7. Renewals. Term and fee. Upon satisfactory
proof by the licensee that the stock itemized in the original
application has not been entirely disposed of, the license assessor
and collector shall renew such license for a period of not exceeding
thirty (30) days. In no event shall a license be renewed more than
twice. For each renewal a fee of Ten and 00/100 ($10.00) Dollars
shall be collected.
"Sec. 20-5-8. Display of license. Upon commencement of any
sale, and for the duration thereof, the license therefor shall be
conspicuously displayed near the entrance to the premises.
"Sec. 20-5-9. Revocation of license. A license granted pur-
suant to this chapter may be revoked by the license assessor and
collector if:
"(1) The licensee has failed to include in the inventory
required by the provisions of this chapter the goods, wares and
merchandise, or any part thereof, required to be contained in
such inventory.
"(2) The licensee has added, caused to be added or permitted
to be added, any goods, wares or merchandise not described in the
original inventory,
"(3) The licensee has violated any of the provisions of this
chapter or of the laws pertaining to advertising.
"Sec. 20-5-10. Rules and regulations. The license assessor
and collector may make such rules and regulations for the conduct
and advertisement of the sales defined in this chapter as may be
necessary to carry out the purposes thereof. Such rules and regu-
lations must be submitted to and be approved by the board of city
commissioners.
"Sec. 20-5-11. Mingling of goods prohibited. No person con-
templating conducting any sale as defined in this chapter or during
the continuance of such sale shall order any goods, wares or mer-
chandise for the purpose of selling them at such sales and any
unusual purchase or additions to the stock of such goods, wares,
or merchandise within sixty (60) days before the filing of such
application for a license to conduct such sale shall be presumpt-
ive evidence that such purchase or addition was made in contempla-
tion of such sale and for the purpose of selling it at such sale.
"Sec. 20-5-12. Each sale separate offense. Each sale made
without a license and each sale of goods, wares or merchandise
that is not inventoried and described in the original application
shall constitute a separate offense under this chapter.
"Sec. 20-5-13. Resumption of business prohibited. No person
shall, upon the conclusion of any sale herein defined, continue to
conduct a business or business operation of the same or similar
I r;
- 4 -
nature to that for the discontinuance of which such license was
issued at the same premises; nor shall such person within one (1)
year after the conclusion of such sale resume such business at the
same premises.
"Sec. 20-5-14. Records to be kept. The licensee shall keep
suitable books and records and make them available at all times to
the city license assessor and collector.
"Sec. 20-5-15. Exemptions to chapter. The following persons
shall be exempt from the scope and operation of this chapter:
"(1) Persons acting pursuant to an order or process of a
court of competent jurisdiction.
"(2) Persons acting in accordance with their powers and duties
as public officers such as sheriffs and marshals.
"Sec. 20-5-16. Compliance with chapter required. It shall be
unlawful for any person to violate or fail to comply with any of
the provisions of this chapter or any rule or regulation adopted
pursuant thereto."
SECTION 2. In the opinion of the Board of Commissioners, it is nec-
essary for the peace, health and safety of the inhabitants of Salt Lake City,
Utah, that this ordinance become effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the Board of Commissioners of Salt Lake City, Utah, this
5th day of March, 1964.
MAYOR
Ajn410MfrOAIR D E R
(S E A L)
BTT.T NO. 16 of 1964
Published Msrch 12, 1964
ADM-3•A
Legal,N6llieftsY,
AN O1bINANCL -1
AN ORDINANCE'AMENDING Tille1
']Tot the Revised Ordinances of Salt
Lake City,wan,1935,relating to II-.
� by atldin9 thereto
1 Chapie�r S io be cnll+letl, "Closing'See,it ordained by the Board of Affidavit of Publication
•'Commissioners of Sap Lake City.
Utah:
_ SECTION 1. e t Title 20 of the,
Revised Urdlna of Sall Lake CITY,
a Ulan, 1955,r sung to licenses, be,
3dtl the same erebe is,emended DY
r dame here".Rd w Soler t r+°-TAH
be titled, Closing sales"to read
• es follows: 1
"CHAPTERS ssa
1 "C-1.Definitions.
SALE. Lake
"Sec.]0-5-I.Definifi0ns.As used In L
halVecIrer: 'Fins°'Ibe 7,,1¢tatcdshall
'/I SALE7'Sale"s11,,fr
sell to the public o'any eroahlinere� S M Ockey
oFiegr°�ertransils oar m r"ioc'1',;n¢
se flora itn tells t tsuche°"
set fntiii by ayverlising that purpose
a iormlinaiin,'tigvleaib�",0r ieon, Being first duly sworn, deposes and says that he is legal advertising
o24on a""oaae8�m¢dr`mr°°+e bass- clerk of the DESERET NEWS AND SALT LAKE TELE-
Coeaa or
fhat portion f the business
ndyaee at anY ladverp;and GRAM, a daily (except Sunday) newspaper printed in the Eng-
lish public
manner
sos ne sales advertised in Y
calculated to`°" Y t°+h¢ lish language with general circulation in Utah, and published in
I c the belief trial upon the disposal
ir in a ma+°be placed° ale. Salt Lake City, Salt Lake Count in the State ofUtah.
ris naam¢+a Mat lion meteor
r being conducted t any vocation illy'
,be removed, interrupted,will
cease,"I'C ed r changed;a d
l' sus A" d1e, dVIgneed t° be That the legal notice of which a copy is attached hereto
'Adlustor's Sales 'Assignee's Sale;
I., 'Ao dItor'ralole,Sale; losing ale;
'crealf°ra sale; End Sal¢; egress
Out of
Slnsorance 0Saalvage Salt Lake City Bill No.16 of 1964
Sale; Last Oars Sale,' Lease Ex-
pires Sale; Llqultlallon Sale; 'e�
ale,v 1 Sale,' 'Reoreanlzatlon Sae:
g Blesale sai;Out awe An Ordinance relatin to l.i.censee b' ad ink
ale; Wholesale cloying ert sale; f ,)'
matures rot wain,'or aaverhsea by
Y or er ease lion or cnaraaerlxa-
ada a phrase of would
er similar Ian-
adage
'which m amy - thereto a new Chapter 5 to be entitled
o0gt°the pvhlic tharslho s le I
0 0 tone goes as a rasoI °soo
ewsive¢aout refer tto lePebo a1cla°a °closing Salel1.
of ale.
'(N PUBLISH,PUBLISHING,AD-
' EbTlsE MENT,Ag,"advSING.
Pobits verttisingllshlhall mevertiay
�etie'lo tide of of
le or noticef of,lien l
remora le conduct a`sa , whether
by word of mouth,newspaper saver- March 17. ].964e
,semen,, magazine dvertisen,e n 1, was published in said newspaper on :
handbill,written notice,printed
no-
tice, e aislaY, billboard l-
PhaY1 p°le.radio,y ra television
ean-
nouncement
i r and
any and
l Iniri
1"Sec, tOTP License 4,`,,,3.•It
shall be unlawful tor any.person t°
elisnf or conduct ray le s de-
fined ths chapter without first
t to d0e so Weis / <�
${h$ �' �5;&fir may tea ea
b v to elgnnceaf
5. 10 S J. ordinances.
me fee for me -; //i '--- (, a [v
II required by the receding l
00/!on hail be Twenty Five d - '---
0o0 csz5.om Dollars. Legal Advertising Clerk
tion"Sec.
]031n ACI Ise llphallA bel¢In
writing, executed by the applicant
under oaths and shall contain the fol-
lowing information:
and reason
son of for conducting ing such conducted
11,eaA description of tile place
where
"(31 The natures of the occupancy,
whether by lease or sublease,and
the data of termination of such o-
pan Subscribed and sworn to before me this 16th day of
March A.D. 19 64
Notary Public
My ComnAigjo 5Ef Ssp
'•141,The means to be employed in
FhT4',Vofproposed such sale, 049eiher with a ad,
"(5)An itemized list of the goods,
wares and merchandise to be offered
for sale, including those on order
61 and not received.
Where and from whom such
stock was purchasee or acquired,
and,If not purchased,the manner of
/71cA'nd'IT I •
" "'61'1'nn that the license
assessor andco ec-1
tor may require,
"se,20-5.5, Year In business re-
quired prior to issuance of license.
'Excention. lb erson, company or
corporation shall be eligible for a li-
cene nor shall a license be Issued
to any person,company or corpora-
tion unless they shall have been
previously licensed to do business at
the same location of such closing
sale for the 36s5av period imme-
diately preceding the beginning of
the said sale except in those in-
stances.where a bona fide hardship
‘ in ouch in'
sre'll'c'esnepr'oOf"gests'IVe Oulniuhed to
the license assessor and collector
that:
gehroVgiornelcePtirclos.
Ins sale all and any business trans-
actions of that partictgar applicant
will completely and permanently
cease and cleSISt.
"Sec.20-5-6.Issuance of license and
term.Upon the filing of an applICa-
lion and a Boding by the license as-
sessor and collector after investiga-
tion that the statements contained
therein appear to be true and are
not fel., fraudulent, deceptive or
misleading in any respect,a license
shall be issued for a period nor ex-
ceeding thirty (30) days, upon the
payment of Me tee herein prescribed.
"Sec.20.5, Renewals.Term and
fee. Upon satisfactory proof by the
licensee that Inc stock itemized in
the original application has not been
entirely disposed of,the license es.
sessor and collector shall renew such
license for a period oi not exceeding
thirty(30)days. In no event shall
a license be renewed more than
twit°. Far eaCh renewal a fee of
Ten asci 00/00(110.00) Dollars shall
4'ec.ec .e. Display of license.
Upon commencement of any sale,
and for the duration thereof, Tie
license therefor shall be Conspicu-
OUsly displayed near the entranCe
10 the premises.
"Sec.20.5-9.uevocation of ticense.
A license granted pursuant to this
chapter may be revoked by the li-
cense assessor and collector it,
"(I) The licensee has failed to
Inch:de in the Inventory required by
the provisions of this chapter the
goods, wares and merchandise, or
any parr thereof,required to be con.
toirod i'llhe"thilceVee n'nr Ls added,
gusg,to be added or permitted to
chandisced'nOr drVilied"Innestra
-rIVIrgensee has violated any
of the provisions of this chapter or
of the laws nertaining to advertising.
tlo'nle.x'fhr-11-gnseRual:sses:onrdaVol--
lector may make sUch Nies dncl
t71Te'r=t of Pro sales dolbned Is
this chapter as may Onecessary
to carry out the purPoses thereof.
Such rules and regulations must he
submitted to and be approved by
"'Sn'01-5%.cgl'Ingrnnom4'gno'glrs'pro-
hibited.No person contemplating cut-
any sale as defined in this
chapter or during the continuance of
such sale shall order any goods,
wares or merchandise for the pur-
pose of selling mom an such sale:
and any unusual purchase on addi-
tion
"tonerdloe the stock of such goods,
FO) dayn;boloro the films Or Ouch
aPplIcalion for a license to conduct
such sale shall be presumptive
[evidence tier such purchase or aoldi•
Ition was made in contemplation of
such sale and for Me purpose of
"''Sec. 25-P-VE'ag'Sale separate
•offerge. Filth sale made without a
'license and each sale of goods,wares
or merchandise Mat is not inven-
toried and described in the original
application shall constitute a sena-
a'p'eS ncff.'SrA.1u3n.'Pre s!ut '91'busk
ness'prohinited.No personnshall,upon
the conclusion of any sale herein
defined,continue to conduct a busi-
ness or business operation of the
same Sr similar nature to that for
'c'g.g was blood or Oconame crc-
mists;nor shall such person within
vne 111 year after conclusion of such
sale resume such business at the
same premises.
"Sec.20-5-14.Records to be kept.
The licensee shall keep suitable
books and records and make them
valuable at all times to the city II-
na.75,'ElceMg7Iot to chap'
ncr Inn fr="thr specs and
tics of this chapter:
'
'II)Persons acting pursuant to an
order or process of a court of com•
'=V°Lting Iraruerdance
with their powers and duties as
igtrl=hicers such as sheriffs a.
'hen.20.5.16.Compliance with chap.,
ter required.It shall be unlawful fornip I
any person to violate or fail to con,
lAis'ghTpf:;-'Yorn'antr`roPaVi=u1°.!
'''SICifrOSV '"guChl'o':,7,',7g.'"or the
Board of Commissioners,it Is neces-
nry..for.the.peace,health and Safety
tl'frA7 VIVTIP gdiSn'aincL."gegge
elfectise immediately.
JSECTION 3. This ordlnance shall I
ta/4,esZetb,botohne itiotir;st publication.
lone,of Salt Lake City',Uanh",'"gla
5Ih day of Marrh,toe,
J.BRACKEN LEE,
HERMAN J.HEN s EN,
211 NO'.°Tdor1964.
Published March 12,1964. ((.35)
/