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Village of Whitefish Bay, WI
Milwaukee County
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[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 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.
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.
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.
Such other information as the Village Manager or designee may require.
Subsections A through C shall only apply to closing out sales and shall not be required in partial removal sales.
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.
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]
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.
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.
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.
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.
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.
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.
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.