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HomeMy WebLinkAbout879 - Closing Out Sales• 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 ----------------------- -- ---------- - - - --------------- ---------- City Clerk a d Ex -O icio Clerk of the City Council, City of Newport Beach, State of California