HomeMy WebLinkAbout1967 Ordinance No. 029Introduced a• a Bill by councilaan Pullerton.
BY AOtllORift
ORDillAllCB m. 29, SBRIBS OP 1967
All ORDillAllCU"l•llI9CI '1'1111 llUllICIPAL CODB OP '1'IB CITY OP
ma-MOOD ... ~, COLORADO, BY AIJDim 'ftlDn'O A -SBC'l'IQB 17 .15 REQUIRING
A LI<:mSB, LBVYim A Licm• ... IOR '1'llB PRIVILBGB OP CARRYIRG ON OR
BRGAGI9G D GODG OU'1' OP m81D88 &ALBS, Alll> PIRB, SllOD Al1D WA'l'BR
DMMIB GOCJD 8ALS8, PJXDQ nm AllOUll'1' OP SAm.LICBlllB PBB, Alll> PROVIDING
BA'! I'f 88Al·L BS UllLMIPUL IOR AllY PBR8QB TO CARRY OR OR BRGAGB IR SUCH
8At88 WI'i1IOO'l' PIUT llAVI9CI OBl'AillBD SUCH LICBllSB Al1D PROVIDIRG PBRAL-
'!DS IOR !BB VIOLA'fICJm t'BBDOP.
BB I'f OlmUllBD BY '1'1111 CI'l'Y COURCII. OP TBB CI'l'Y OP BRGLBWOOD,
COLORADO, aa followas
Section 1. 'l'h• Municipal Code of the City of Bnglewood, Colo-
rado, i• hereby -.nded by adding thereto a new Section 17.15 which
ahall read a• follow••
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.. 7.15-2
17.15-3
A licenae i••ued by the Director of Finance of the
City of Bngl~, •hall be cbtained by any person
before aelling or offering for aal• any good• at a
aale to be adverti•ed or held out by any means to be a
going out of buain••• aale, a fire aale, a amoke sale,
a water d .. aged good• aale, or any caabination thereof.
Definition• •
Por the purpoae of thi• Article, the following terms,
phraaea, word• and their derivation• •hall have the
meaning• given herein. When not inconaiatent with
the context, word• uaea in the preaen~ theae include
the future tenae, and word• uaed in the plural number
include the aingular number. 'fhe word •ahall" is
alway• •ndatory and not -rely directory.
•rire Sale•, •a.oke Sale•, or •water Sale" is a
•ale held out in •uch a manner a• to reaaonably
cau.. the public to believe that the sale will
offer good• damaged by fire, amoke or water.
•ooing out of Bu•in••• Sale• i• a •ale held out in
•uch a manner a• to rea•onably cau•e the public to
believe that, upon the diapoaal of the stock of goods
on hand, the bu•ine•• will cea•e and will be discon-
tinued, including but not limited to the following
aale•: Adju•ter'•r Adjuatmentr Alteration: Assignee's:
Bankrupt: Benefit of Adminiatrator'•: Benefit of Credi-
tor'•r Benefit of Truatee'•r Building Caning Down:
Cloaingr Creditor•' COlllllitteer Creditor• Bnd: Executor's:
Pinal Dayar Porced OUtr Forced OUt of Buaineas: In-
aolventar La•t Day•r Lea•e Bxpire•r Liquidation: Loss
of Lea•er Mortgage Sale•r Receiver'•r Trustee's:
QuittiDCJ Buain•••·
•Qooda• i• meant to include any good•, wares, merchan-
di•e or other property capable of being the object of
a •ale regulated hereunder.
zx .. ptiona.
'!'he proviaion• of thi• Article •hall not apply to
peraon• acting purauant to an order or process of a
court of caapetent juriadiction, peraon• acting in
accordance with their power• and dutie• as public
official•, per•on• conducting a •ale of the type
regulated herein on the effective date of this Article
unle•• auch •ale i• continued for a period of more than
thirty (30) day• from and after auch effective date
in which event, auch peraon, at the lapse of the said
thirty (30) day period ahall comply with the provisions
of this Article and any publiaher of a newspaper, magazine
or other publication, who publi•h•• in good faith,
any adverti• .. ent, without knowledge of its false, de-
ceptive or mi•leading character, or without knowledge
that the provi•ion• of thi• Ordinance have not been com-
plied with.
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Ordinance Bo. 29, Serie• of 1967
17.15-4 Application Requir ... nta.
17.15-5
17.15-6
17.15-7
A peraon deairing to conduct a aale regulated by this
Article ahall make written application to the Director
of Finance aetting forth the following information:
1. 'l'he true name and addre•• of the owner of the
good• to be the object of the •ale.
2. A deacription of the place where auch sale is to
be held.
3. 'l'he nature of the occupancy, whether by lease or
8Ublea•e, and the effective date of termination of
auch occupancy.
4. 'l'he date• of the period of time in which the sale
i• to be conducted.
5. A full and COlllplete •tat ... nt of the facts in regard
to the •ale including the reaaon for the urgent and
expeditioua diapoaal of good• thereby and the manner in
which the aale will be conducted.
6. An inventory or atatement in auch form and in such
detail a• the Director of Finance may require setting
forth the •ount end deacription of the goods to be
•old at auch aale and when required by the Director of
Finance, the date of acquiaition of auch goods, the
peraon• from whClll attained, and the place from which
•aid good• were laat taken.
Upon the filing of the application, the Director of
Finance may make or cauae to be made an investigation,
eX1111ination or audit of the applicant and his affairs
in relation to the propoaed •ale.
If the Director of Finance find• the atatements in the
application are true and complete, and the proposed
-thod of conducting the •ale are not auch as to work
a fraud on purchaaera by mi•-repreaentation or deception,
then the Director of Finance •hall isaue a license: other-
wiae, he •hall deny it. 'l'he Director of Finance may
deny the licenae on inaufficiency of information in the
application, •tat .. ent or inventory, but in that event
he •hall notify, in writing, the applicant of the specific
ground• of inaufficiency, and •hall grant the applicant
perai••ion to file an •ended or aupplemental statement
or inventory.
Any ;peraon who ha• held a regulated sale hereunder, at
the location atated in the application, within one year
laat pa•t frcm the date of •uch application shall not
be granted a licen••· .
Bo application •hall be denied unleas an opportunity is
given to the applicant for a hearing before the Director
of Finance with at leaat five (5) days written notice
of the hearing being given to the applicant.
Licen•• Pee.
Any applicant for a ~licen•e hereunder shall submit to
the Director of Finance with hi• application, a license
f .. of Fifty Dollar• ($50.00). An applicant for a re-
newal licenae hereunder alall aubmit to the Director of
Finance with hi• renewal application, a renewal license
fee of Twenty Five Dollar• ($25.00).
Bfftct of Licenae.
'l'he licen•• •hall authorise the aale deacribed in the
application for a period of not more than aixty (60) con-
aecutive day•, Sunday• and holiday• excluded, following
the iaauance thereof, and llhall authorise only the one
type of aale deacribed in the application at the location
therein named and of the .good• deacribed in the inventory
attached to the application, and auch additional goods
a• have been approved for aale by the Director of Finance
after a auppl .. ental inventory ha• been filed upon the
teraa •pacified in thi• Article. Ro license issued
pur•uant to thi• Article •hall be a••iqnable or trans-
ferrable.
Licenae Renewal Procedure.
'lh• Director of Finance •hall renew a license for one
period of time only, auch period to be in addition to
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Ordin.nce Bo. 29, Seri•• of 1967
th• •ixty (60) day• peraitted in the original license,
and not to exceed thirty (30) conaecutive days, Sun-
day•, mid holiday• excluded, when he find• that the
licen .. • ha• filed an application for renewal, that
fact• exiat juatifyin9 the licen•• renewal, and that the
licen .. • ha• aubaitted with the application for renewal,
a revi•ed inventory in the manner and form prescribed,
ahowing th• it ... li•ted on th• original or supplemental
inventory r .. aining unaold.
17.15-8 Duti•• of Licen .. e.
17.15-9
A licen• .. hereunder •halls
1. Make no addition• wbataoever, during the period
of the licen•ed aale, to th• •tock of good• set forth
in th• inventory attached to the application for license
unl••• and until the applicant ha• filed a •upplemental
inventory with the Director of Pinance, and the Director
of Pin.nee ha• found that aaid addition• are required
or de•irable to aid in th• conduct of the sale of the
good• in the original inventory filed with the appli-
cation for a licenae. Said auppl ... ntal inventory
•hall be in auch form and detail •• may be required by
the Director of Pinance. If aaid aupplemental inventory
i• found to be in8Ufficient, written notice thereof
8hall be given to the applicant and he •hall be granted
pemiaaion to •end the •-· 'fhe applicant shall not
be denied the ri9ht to add 9ood• unleaa he is given the
opportunity for a hearin9 with at lea•t five (S) days
written notice thereof being 9iven to the applicant.
2. Refrain fran employing any untrue, deceptive or
aialeading advertiaing.
3. Keep available at the place of •al• a duplicate
copy of the inventory •ubmitted with the application,
together with any aupplemental inventorie• filed with
and approved by the Director of Pinance, and •hall
preaent •uch duplicate• to inapecting official• upon
requeat, and •hall further keep available for inapecting
official• hi• atock record• or other record• of hi~
buain••• relating to aaid ••l• or hi• application for
a lic•n-.
4. Conduct th• licenaed ••l• in atrict conformity with
any advertiain9 or holding out incident thereto.
5. Keep any other 9ood• ••parate and apart from the
good• liated in the filed inventorie• a• being objects
of •ale, and llaJut auch diatinction clear to the public
by placing ~llCJ• on all inventoried good• in and about
th• place of aale, appriaing the public of the status of
all auch gooda.
R!lloVal Of Good••
Any removal of good• inventoried or de•cribed in an
original or auppl .. ental inventory from the place of
aale mentioned in the application 8hall cauae auch goods
to lo .. their identity a• the atock of any of the sales
herein defined, and no lic•n••• thereafter will be issued
for the conducting of a aale of any •uch goods in such
manner a• to identify th .. with the •tore, •tore name,
•tore owner, or location referred to in the original
application.
17.15-10 Power to Suapend or Revoke,
In addition to the other penalti•• herein provided, the
Director of Pinance •hall have th• power to forthwith
auapend or revoke at any time, any licenae granted under
thi• Ordinance whenever any aale i• conducted in violation
of the proviaion• of thi• Ordinance or in auch a manner
•• to deceive or defraud the public.
Bo licenae •hall be 8Uapended or revoked without
granting the licen•ee an opportunity for a hearing and
giving the •aid licen• .. at leaat five (5) day• written
notice of the hearing, and a conciae written atatement
of the violation that the licena .. i• charged with having
CClllllitted.
17.15-11 Penalty.
In addition to being ground• for •u•pen•ion or revocation
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Ordinance llo. 29, Serie• of 1967
of licen•e, a• provided for in thi• Article, violations
of any of the proviaion• of thi• Article ahall be un-
lawful and any peraon, firm or corporation convicted of
violating any of the provi•iona of thi• Article shall,
for each offen•e, be fined in a aum not to exceed Three
Hundred ($300.00) Dollar• or iapriaoned for a period
of tia• not to exceed ninety (to) day• or both •o fined
and iapriaoned. In addition to th• for990ing penalties,
the conduct of a aale requiring a licenae hereunder,
without having obtained auch a licenae, or after any
auch lic•n-ha• been •u•pended or revoked, i• hereby
declared to be a public nuiaance and, upon proper
authorization by City 'COUncil, aay be abated through
appropriate legal action.
17.15-12 continuing Violationa.
Bach day that any peraon, firm or co~poration •hall
violate any of the proviaiona of thi• Article shall be
d....ad and conaidered to conatitute, and •hall con-
titute a aeparate.,ffenae, and •hall be puni•hable as
auch.•
Section 2. If any article, aection, •ub•ection, sentence,
clauae, or pllra•e of thi• Ordinance i• for any reaaon held to be un-
conati tutional, illegal, void or for any reaaon unenforceable, such
deciaion •hall not affect th• validity of the r ... ining portion of
thia Ordinance. '!'he Council of -the City of BSMJl...ood hereby declares
that it "°uld have phraaed thi• Ordinance and each article, •action,
aubaection, aentencea, clauaea, and phra••• be declared unconatitutional,
illegal, void, or for any reaaon unenforcellble.
Introduced and paaaed on firat reading by the City council
of the City of Bngl..ood, colorado and ordered publiahed aa a bill in
the Bngl...ood Herald and Bnterpri•• at it• regular meeting on the 20th
day of llov911ber, A.D., 1967.
Paaaed on final reading by the City Council of the City of
Bn9lewood, COlorado, thi• 4th day of Dec.aber, 1967 and ordered pub-
liahed in full in th• Bnglewood Herald and Bnterpri••·
Mayor Pro telll
Aift'BST1
City c~erlt-Treaaurer