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ORDINANCE NO. 879
AN ORDINANCE O F T H E
CITY OF NEWPORT BEACH
AMENDING SECTIONS 6101,
6301 and 6302 OF THE NEW-
PORT BEACH MUNICIPAL
CODE RELATING TO BUSI
NESS LICENSES AND PER-
MITS FOR CLOSING - OUT
SALES.
The City Council of the City
of Newport Beach does ordain
as follows:
SECTION 1: Section 6101 of
the Newport Beach Municipal
Code is amended to read:
"SECTION 6101. License Re.
quired. Except when operating
under a permit issued pursu-
ant to Chapter 3 of this Arti-
cle, no person, either for him-
self or any other person, shall
operate any business specified
in this Article, in the City,
without first having obtained
a license from the City to do
so, or without complying with
any and all regulations of
such business contained in this
Article; and the carrying on
of any such business without
first having obtained a license
from the City to do so, or with-
out complying with any and
all regulations of such busi•
ness contained in this Article,
shall constitute a separate
violation of this Article for
each and every day that such
business is so carried on."
SECTION 2: Section 6301 of the
Newport Beach Municipal Code
is amended to read:
"SECTION 6301. Application.
(a) -Every person carrying on
a sale as specified in Section
6300 of this Chapter shall make
a written application to the
City for a permit so to do.
Said application s h a 11 be
signed and sworn to by said
applicant, and shall state all
the facts in regard to the con-
templated sale, the period of
time during which said sale
shall be held, said period not
to exceed three (3) months,
�- together with a statement that
no goods, wares and merchan-
dise have been purchased or
received during the period of
;thirty (30) days immediately
preceding the date of such ap-
plication for the purpose of
adding same to that in stock
ORDINANCE NO.
for sale, and the reason for
such sale. The application
shall be accompanied by an
inventory of goods, showing
the actual purchase price, the
names of persons from whom
such goods were obtained, the
date of purchase, the date of
delivery of such goods, and all
details necessary to identify
fully the goods to be sold.
(b) The Director of Fi-
nance shall accept and file
said application and shall en-
dorse thereon the date such
permit is granted or refused.
(c) No person shall make
a false statement in such ap•
plication.
(d) The applicant shall sub.
mit with his application a cor.
porate surety bond payable to
the City of Newport Beach in
the penal sum of One Thou-
sand Dollars ($1,000), condi-
tioned upon compliance with
the provisions of this Chapter."
SECTION 3: Section 6302 of
the Newport Beach Municipal
Code is amended to read:
"SECTION 6302. Permit Fee.
(a) Every person carrying on
a sale as specified in Section
6300 of this Chapter shall pay
a permit fee of Fifty Dollars
($50) for a period of one month
in advance. If, at any time
during the said one month pe-
riod, a sworn application shall
be filed with the City making
it appear that all of the goods
in the original inventory have
not been sold, accompanied by
an inventory of what remains,
showing actual purchase price,
a supplemental permit may be
issued, at the discretion of the
City Council, upon compliance
by the applicant with the re-
quirements of the original per•
mit, and upon the payment of
an additional permit fee, of
Fifty Dollars ($50) per month
in advance, such permit to
continue in effect for an addi-
tional period not exceeding
two (2) months.
(b) A permit issued under
the provisions of this Chapter
shall be valid only for the in-
ventoried goods.
(c) A permit issued under
the provisions of this Chapter
shall not be transferable.
(d) A person being issued
879 — Page 1
a permit under the provisions
of this Chapter shall at the
time the permit is issued sur-
render the business license is-
sued to him for the business
being discontinued.
(e) A permit issued under
the provisions of this Chapter
is subject to immediate revo-
cation by the City Manager
upon a determination by him
that the permittee is operat-
ing contrary to or has violated
any provision of this Chapter.
The decision of the City Man-
ager may be appealed to the
City Council, and its decision
is final.
A permit issued under the
provisions of this Chapter may
be revoked and may thereafter
be reinstated by the City
Council in accordance with the
procedure for revocation and
reinstatement of business li-
censes set out in Section 6111
of this Code."
SECTION 4: This ordinance
shall be published once in the
Newport Harbor Ensign, a news-
paper of general circulation,
printed and published in the
City of Newport Beach, and the
same shall be effective 30 days
after the date of its adoption.
This ordinance was introduced
at a regular meeting of the City
Council of the City of Newport
Beach held on the 11th day of
May, 1959, and was adopted on
the 25th day of May, 1959, by
the following vote, to wit:
AYES,. COUNCILMEN: Hart,
Lorenz, Somers, Atkinson, Hig-
bie, Stoddard.
NOES, COUNCILMEN: None.
ABSENT COUNCILMEN:
Kingsley.
JAMES B. STODDARD,
Mayor.
Attest: MARGERY SCHROUDER,
City Clerk.
ORDINANCE NO. 879 — Page 2
0
STATE OF CALIFORNIA
COUNTY OF ORANGE SS.
CITY OF NEWPORT BEACH
Margery Schr® Llder
............................................................... a - ....----- ......--- ...... -, City Clerk of the City of Newport
1 -
Beach, California, do hereby certify that the foregoing Odinance
Y Y 9 9 ...............................................................
......... . ..... ...... . .. .was duly and regularly adopted, passed, and approved by the City Council
of the City of Newport Beach, California, at a regular meeting of said City Council held at the
regular meeting place thereof, on the..... sgh........day, of- .......... May . .... .............. .......................19.5.9..
by the following vote:
AYES: COUNCILMEN -
Hart, Lorenz, Somers, Atkinson, Higbie,
---------------------------------------- ........................................................................................
Stoddard
• None
NOES: COUNCILMEN .. ..........................
0
ingsley
ABSENT: COUNCILMEN IZ. ................ -
13th July 59
Datedthis .... .. ...... ...........day of--------------------------------------- --- ........................... 19--------
NB 130 -500 12/56
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City Clerk a d Ex -O icio Clerk of the City Council,
City of Newport Beach, State of California