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HomeMy WebLinkAbout482 - Sale & Advertising of Goods0 • • ORDINANCE NO. 482 for sale, the reason for such sale, that included in the original in- an inventory of goods, showing ventory. AN ORDINANCE TO PREVENT the actual purchase price, names Section 7. This ordinance shall THE FRAUDULENT SALE OF of persons from whom such goods not apply to public or court of- AND REGULATING THE were obtained, the date of pur- ficers or to any person acting under SALE AND ADVERTISING chase, the date of delivery of the direction of state or federal FOR SALE OF GOODS, such goods, and all details neces- courts in the course of their offi- WARES AND MERCHANDISE, sary fully to identify the goods cial duties. AND PROVIDING PENAL- to be sold. Section 8. PENALTY. Any per - TIES FOR THE VIOLATION (b) The City Clerk shall file son violating any of the provisions THEREOF. sale application and shall endorse of this ordinance shall be deemed thereon the date such license is guilty of a misdemeanor and upon granted or refused. conviction thereof shall be pun- The City o£ Newport Beach, by (c) It shall be unlawful for any ished by a fine not to exceed person to make a false statement Three Hundred Dollars ($300.00), ordain follows: in such applicatiom or by imprisonment in the City Section t. Requirements. It shall Section 4. LICENSE FEE. Jail of the City of Newport Beach, be unlawful for any person to (a) Every person managing, or County Jail of the County of represent and /or hold out that conducting and /or, carrying on Orange, for a period not exceeding any sale of goods, wares and mer- a sale as specified in Section 1 three (3) months, or by both such cliandise is an insurance, bank- of this ordinance shall pay a fines and imprisonment; and each ruptcy, mortgage, insolvency, as- license fee of Twenty -five Dol- such person, as principal, agent or signee's, executor's, administra- lars ($25.00) per day for a period otherwise, shall be deemed guilty tars, rcceiver,s, trustee's, credi- of one month; provided. however, of a separate offense for each sale tors, forced, removal, quitting, or that if, at any time during the of goods not inventoried, and for closing out sale or a sale of said one month period, a sworn each day during any portion of goods, wares and merchandise application be filed with the City which the' violation of or failure, damaged by fire, smoke, water or Clerk making it appear that all neglect or refusal to comply with otherwise, in the City of Newport of the goods in the original ia- any of the provisions of this ordi- Beach, unless lie shall have first ventory have not been sold, ac- nance is committed, continued or obtained a license from the City companied by an inventory of what permitted by such person. Clerk of the City of Newport remains, showing actual purchase Section 9. The City Clerk shall Eeach so to do. price, a supplemental license may certify to the passage of this ordi- Section 2. DEFINITIONS. The be issued, at the discretion of the nance and shall cause the same to word "person" as used in this City Council, upon compliance be published once in NEWPORT ordinance shall mean and include by the applicant with the.require- BALBOA NEWS - TIMES, the of- both the singular and plural and ments of the original license, and ficial newspaper of said City, and shall also mean and include any upon the payment of an additional it shall take effect and be in force person, individual. firm, torpor- license fee of Twenty -five Dollars thirty .days after its passage. ation, co- partnership, association, ($25.00) per day in advance, such The above and foregoing Ordi- club, sxiety or any other organi- licenses shall continue is effect nance was introduced at a regular cation. only sv long as such daily license meeting of the City Council of the Section 3. APPLICATION. fee shall be paid and the provisions City of Newport Beach held on (a) Every parson managing, of this ordinance complied with. the 6th day of February, 1939, ecnducting and /or carrying on a (b) A license issued under the and was finally passed and adopt - sale as specified in 2ection 1 of provisions of this ordinance shall be ed by said City Council on the this ordinance shall make a writ - valid only for the inventoried 20th day of February, 1939, at as ten application to the City Clerk goods. adjourned regular meeting there- of the City of Newport Beach for (c) A license issued under the of, by the following vote, to -wit: a license so to do. Said application provisions of this ordinance shall, AYES, Councilmen Gordon, shall be signed and sworn to by net be transferrable.` I Claire, Brown, Williamson. said applicant and shall state all Section 5. It shall be unlawful NOES, Councilmen: None. the facts in regard to the con- for any person managing, conduct- ABSENT, Councilmen. Whitson. templated sale, the period of time ing and /or carrying on a sale ri ATTEST: during which said sale shall be specified is Section 1 of this ordi- FRANK L. RINEHART, he'd, said period not to exceed nance to secure goods other than City Clerk. three months, together with a those enumerated in said inven- The above and foregoing ordi- s ?atement that no goods, wares tory for the purpose of selling nance is signed and approved by e;ld merchandise have been pur- same at said sale. me this 20th day of February, chased and /or received during Section ti. It shall be unlawful 1939. the period of thirty (30) days im- for any persaa having a license HARRY H. WILLIAMSON, mediately preceding the date of under this ordinance to add any Mayor of the City of Newport such application for the purpose goods to the inventoried stock, Beach. of adding same to that in stock and no goods shall be sold except Pub. February 23, 1939.