[Adopted by Ord. No. 1745 (Sec. 15.19 of the Codification)]
As used in this article, the following terms shall have the
meanings indicated:
Any and all means of conveying to the public notice of sale
or notice of intention to conduct the sale, whether by word of mouth,
or by newspaper advertisement, by magazine advertisement, by handbill,
by written notice, by printed notice, by printed display, by banner,
by billboard display, by poster, by radio or television announcement
and any and all means, including oral, written or printed.
Any person (including entities and organizations of any kind)
applying for or required to apply for a license under this article.
The sale or auction of any goods, wares or merchandise at
retail represented or advertised in any manner to be the goods, wares
or merchandise of a bankrupt, insolvent, assignee, liquidator, adjuster,
administrator, trustee, executor, receiver, wholesaler, jobber, manufacturer,
or of any business that is in liquidation, or that is selling out
or closing out, closing or disposing of its stock or a particular
part or department thereof, or that has lost its lease or has been
or is being forced out of business, or that is conducting a removal
sale, or is disposing of stock on hand because of damage by fire,
water, smoke or other causes, or that the business conducting the
sale is selling the goods, wares or merchandise of any other business
which is in liquidation or has quit business or a sale that is held
out in such manner as to reasonably cause the public to believe that
the person conducting the sale will cease and discontinue business
at the place of sale upon the disposal of the stock of goods on hand.
Closing-out sales are sometimes referred to, without limitation, as
"going out of business" or "liquidation" sales or auctions.
A sale in the regular course of its business of goods represented
to have been purchased from a bankrupt, insolvent, assignee, liquidator,
adjuster, administrator, trustee, executor, receiver, wholesaler,
jobber, manufacturer or person that is liquidating or that has been
forced out of business while at the same time the applicant sells
at its place or places of business goods, wares and merchandise out
of its regular stock, where the applicant will not discontinue its
regular business after such sale.
It shall be unlawful for any person to advertise or conduct
at retail within the Village any closing out sale or partial removal
sale without first having obtained a license to conduct such sale.
Every person requiring a closing out sale license or partial
removal sale license shall make a verified application in writing
to the Village Manager or designee. The Village Manager or designee
may approve a license at any time within 30 days after such application.
There shall be no advertisement or commencement of such sale until
said license is issued and in effect. As a part of such application,
such person shall submit the following:
A.
A complete and accurate list of the stock of goods, wares and merchandise
on hand to be offered at such sale accompanied by certification that
the information set forth in said inventory is true and correct according
to commonly accepted accounting practices within the trade. Such inventory
shall contain the cost price as well as the initial marked retail
price of the respective articles enumerated therein, together with
the date of purchase or purchases, and the names and addresses of
the sources from which merchandise was obtained. If the goods, wares
and merchandise were purchased by the applicant for a lump sum or
other circumstances that in the judgment of the Village Manager make
the listing of the cost price for each article impracticable, said
inventory shall state the lump sum paid for said goods, wares and
merchandise and the circumstances of the purchase of the same.
B.
An affidavit setting forth the names and address of the person, such
as partners, officers, directors, principal stockholders and owners
of the business and merchandise, the place at which said sale is to
be conducted, the names and addresses of any person or persons aiding
in or conducting said sale other than employees of the applicant who
have been employed for not less than 90 days prior to the application,
and the period of time during which the proposed sale is to continue.
Applicant must have been the owner of the business described in the
application for at least 12 months prior to the date of the application.
C.
Certification that no stock has been ordered for or added to the
applicant's stock within a period of 60 days prior to the filing of
the application.
D.
Such other information as the Village Manager or designee may require.
A.
No license shall be granted by the Village Manager or designee for
a period in excess of 60 successive days from the date of the issuance
of said license.
B.
Extensions. The period of time for which a license may be granted
may be extended by the Village Manager or designee beyond said sixty-day
period upon receipt of a certified application. Said application for
an extension shall certify the amount of goods, wares and merchandise
listed in the original inventory which have been sold since the issuance
of the license and the amount of goods contained in the original inventory
which still remain in the possession of the applicant for sale, and
shall state the length of time for which an extension is requested.
The Village Manager or designee may grant or deny an extension of
up to 60 days from the expiration of the original license. The fee
for the extension of the license shall be determined by the Village
Board.
[Amended by Ord. No. 1755]
A.
No stock of goods, wares or merchandise may be added to the inventory
of stock being sold if the same was ordered or received within 60
days prior to the application for license, and no stock may be added
during said sale.
B.
No advertisement of such sale shall set forth the previous retail
price of any merchandise being reduced in price as a part of the sale
unless identical merchandise was sold continuously at such retail
price during a period of time at least 90 days prior to the commencement
of the sale. Evidence of such prior sales shall be available on demand.
C.
No labels using the applicant's business name or any other known
brand name may be placed on any merchandise for purposes of or during
the sale, unless labels had been placed on identical merchandise which
was sold continuously during a period of time at least 90 days prior
to the commencement of such sale.
D.
If any person or persons are retained to conduct or manage the sale,
other than the applicant or employees who have been employed continuously
for at least 90 days prior to the commencement of the sale, the names
and addresses of such persons shall be clearly stated in all advertising
material.
E.
At the end of each week of such sale and within two days thereafter,
the applicant shall submit to the Village Manager or designee a statement
certifying the total of retail selling prices of the inventory sold
during that week and the total amount of inventory remaining to be
sold.
F.
At the end of the time of closing out sale under the license, it
shall be unlawful for the applicant, or any successor in interest,
to sell at retail any of the stock of goods remaining at the location
for which the license was issued.
G.
At the end of the time of closing out sale under the license, any
conditional use permit applicable to the business shall, to the extent
it addresses the use subject to the license, be immediately terminated.
No further use of the type subject to the license shall be permitted.
Whenever the Village Manager or designee finds that the applicant,
his agents, servants or employees have failed to provide any of the
information required with the application or during the sale, or have
furnished any false information, or have failed to comply with any
of the requirements of this article, the Village Manager or designee
shall deny the application or revoke the license.
[Amended by Ord. No. 1755]
No entity, person, affiliate or successor in interest may be
granted a license to conduct a closing out sale within 18 months after
the completion of a closing out sale at the same location, regardless
of affiliation with the current business at the location, or within
18 months after the completion of a closing-out sale anywhere in the
Village by that person or entity, or their successors or affiliates.
Any person conducting a partial-removal sale shall comply with
all of the provisions of this article and, in addition, shall distinguish
by a colored tag all of the goods being sold at the sale so that said
goods are readily ascertainable to prospective purchasers and shall
not label or tag any other goods not included in the inventory furnished
the city sealer in the same or like manner.
License fees shall be as determined by the Village Board from
time to time.
The provisions of this article shall not apply to sales by public
officers or sales under judicial process.
[Amended by Ord. No. 1755]
In the event that any provision of this article is for any reason
to be invalid, unconstitutional, or unenforceable by any court of
competent jurisdiction, such portions of this article shall be deemed
separate, distinct, and independent provisions of the article and
all remaining portions of this article shall remain in full force
and effect.
