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HomeMy WebLinkAboutOrdinances_1351_CCv0001.pdf ORDINANCE NO. 1351 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING THE RE LANDS ORDINANCE CODE THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION ONE. That the Redlands ordinance Code be amended by deleting present Article 234, "Sales" and adding Article 234 "Regulated Sales. " BUSINESS REGULATED SALES Article 234 ARTICLE 234 Regulated Sales 2341. PURPOSE OF ARTICLE: INTERPRETATION. This Article shall be deemed an exercise of the police power of the State of California, and of the City of Redlands for the public safety, comfort and convenience; and all of its provisions shall be literally construed for the accomplishment of that purpose. § 2342 . REGULATED SALE: STATEMENT, INVENTORY REQUIRED. Every person who advertises, promotes, holds out to or who conducts and carries on a regulated sale defined as any sale of goods, wares and merchandise as an auction sale, insurance, bankruptcy, mortgage, insolvent, assignees, executors, administrators, receivers, trustees, removal, adjusters, wholesalers, jobbers, manufacturers sale, closing out sale or sale of goods damaged by fire, smoke, water or otherwise or as a sale conducted by a Merchants' Association, Board of Trade or other claimant or creditor, shall file with the City License Collector a statement under oath stating the name of the person or persons, from whom the goods "were obtained, whether the same are to be sold under an order of court and if so, the name of the court and proceeding in 1 which such order was made, and an inventory of the goods to be sold. Such statement and inventory shall be filed no less than 10 days prior to such regulated sale. § 2342.1 STATEKENT, ,LIEN : REQUIRED. It shall be unlawful for any person to advertise or conduct any such sale without having first filed the statement under oath as in this Article provided and without having applied for and received the City License hereinafter provided for. 2342 ,2 FALSE STATEMENT. It shall e` unlawful for any person to make any false statement of fact in the verified statement filed with the City License Collector as required in this Article. § 2343 . INVENTORY CONTENTS. The inventory shall describe all goods, wares and merchandise in detail, includ- ing the manufacturer's name and lot number, the number of each article sonumbered, colors, sizes and other character- istics, in order that the identity of such goods with the goods listed on such`' inventory may he readily determined. The inventory provided for in this article shall herein- after be referred to< as "inventory"'. § 2343.1 UNUSUAL PURCHASES. No person shall order any goods, wares or merchandise for the purpose of selling them at a regulated sale.`� Any unusual purchase or additions to the stock of such goods, wares or merchandise within sixty (60) days before filing the statement required BUSINESS REGULATED SALES §2343 .1 Cont. in Section 2342 shall be presumed to have been made in con- templation of such sale and for the purpose of such sale and shall not appear on the inventory. § 2343 .2 ADDITION TO STOCK. It shall be 'un- lawful to sell, offer or display for sale, advertise for sale, or to include in the inventory any goods, wares or merchandise which are not part of the original stock of goods of the applicant; and it shall be unlawful to make any replenishment or additions to such stock for the purpose, of such sale. § 2343 ,3 GOODS NOT INVENTORIED. No person at any such sale shall sell any goods, wares or- merchandise not specifically described in the inventory and statement pro- vided in this Article. § 2344. EXEMPT SALES. No provision of this Article shall be applicable to trustees in bankruptcy, executors, administrators, receivers or public officials acting under judicial process, nor to the sale of house'hol,d goods, farm implements or personal effects at the home of the owner. § 2345, LICENSE TAX: INITIAL PERIOD, Every person, firm or corporation conducting or carrying on or attempting to conduct or carry on or who advertises to carry on any of the sales defined in Section 2342 shall be',requited to and shall pay a license tax to the City of Redlands in the sum of $100.00, which license tax shall be for an initial period of thirty (30) days or any fraction thereof. No more than one license for the conduct of a regulated sale shall be issued to the same person, firm or corporation within twelve months of the completion of a prior regulated sale. § 2345,1 CONTINUATION LICENSE, If such person, firm or corporation continues to conduct or carry on a reg- ulated sale for longer than 30 days, a license tax of $100.00 shall be paid for a continuing period of 30 days, but for no less than 30 days. Notice of intent to continue a regulated sale must be filed with City License Collector not less , 5 days before expiration of the license. In no event shall any regulated sale be permitted to continue "fin ex of 60 days. 2345,2 LICENSE TAX EXEMPTION. The license tax shall not be assessed for the termination or removal of a business under the same ownership for the immediately prior three consecutive years. 2345.3 HARDSHIPi WA M R OF TAX. Any person* firm or corporation aggrieved by the imposition of the license tax on the basis that payment of the tax would create an BUSINESS REGULATED SALES §2345.3 Cont. undue hardship shall> have the right to appeal to the City Council of the City of Redlands for waiver of the tax. Such appeal. shall be taken by filing with the City Clerk a written statement of grounds for the appeal. § 2345,4 GROUMS FOR HARDSHIP APPEAL. Grounds for appeal as a hardship may include but not be limited a. Prolonged illness of principal owner. b. Principal owner being called for military service. c. Acts of God; earthquake, flood, etc. 2345.5 COUNCIL HEARING. The Council shall set the time and place for hearing such appeal. Notice of such 'hearing shall be mailed by the City Clerk, postage pre- paid, to the signer of the statement at the address given at least ten (10) days for to date set for the hearing. § 2345.6 COUNCIL MCCISION FINAL-. The decisi'on of the Council of the City of Redlands on such erappeal shall be final. § 2345.7 SCOPE OF LICENSE. The licens�e as provided for herein shall be valid only for a sale of goods, wares and merchandise, inventoried and described' in the state- ment filed with the City License Collector as provided in Section 2342. § 2345.8 CANCELLATION OF LICENSE. The City License Collector is authorized to cancel the license to conduct any sale in the event that inspect,ion discloses goods, wares, or merchandise to be found in stock or on sale which have not been included in such inventory or which have been falsely advertised, or that the licensee has in any other respect violated the provisions of this Article. ITINERANT VENDOR: TRANSIENT MERCHANT, The words "itinerant vendor" and/or Otransient merchant* shali be construed to mean and include all persons, 'both principal and agent, who engage in a temporary and transient business in this City selling goods, wares or merchandise from a location on t public streets or on a vacant lot or in a store room, store building or structure where such goods, wares or merchandise are on display for a period of not more than 90 days or a place where temporary desk room is used and/or any temporary expedient is resorted to for temporary purposes as distinguished from a continuing or permanent business in 'this City. § 2346.1 ASSOCIATION WITH LOCAL DEALER. The person, firm or corporation so engaged shall not be relieved BUSINESS R,WoULAT-F SALES §2346.1 Cont., from the provisiorsa of Section, 2347 by reason of associat- ing temporarily wiAlth any de-aler, 'trader, merchant or auctioneer or by continuinag such temporary, transient business in caon. with or as a part, of or in 'the name of any local dealer, trader, merchant or auctioneer. § 2346.2 X(, STM SALES, The provisions of Section 2347 shall not be applied to cc. rrkercial travelers or selling agents sellLing goods to dealers, whether selling for present or future doelivery, by sample or otherwise, nor to persons selUng Irruits, vegetables, butter, eggs or other farm or ranch products. § 2347. LICENSE TAX� INITIAL PERIOD, ' Every itinerant vendrjr and,,�`or transient me.-chant as defined in Section 2346 shall be required to and shall pay a license tax to the City of Redlands in the swr off"' $10.00 per day, which license tax shall be initially paid for a period of 30 days. § 2347.1 C0Nm1!1N74JAT1.'C_*,_,T al:CENTSE. if such itinerant vender and/c)r transient merchant continues in business 441!or a longer perLod than 30 days, then a license fax at the rate of $10.00 per day shall be paid for pontinuing periods of 30 days each, but for no less a period of time than 30 days. § 2347.2 EXCEPTION. Every itinerant vendor and/or transient merchant shall comp"lly with all, of the pro- visions contained in Artlicle 234 of the Redlands Ordinance Code, excepting Sections 2345 and 2345.1. § 2348. ENFORCEMENT--, INTERFERENCE. Authority is hereby vested in the City License Collector, any of his deputies and any police officer of liicity, to enter upon the premises where any -of the sa'16es herein provided for are being conducted, and to inspect,,, investigate and make an inventory of alp merchandise being displayed, shown and offered for sale, and to inspect, examine and audit the books and accounts of the licensee insofar as they p4prtain to such sale and the goods so offered for sale; and my refusal, delay or failure by the licensee, his agents or employees or anyfone acing for or on behalf of such licensee, to furnish all necessary information and oj>pcft1inj.ty ,to the officers or deputies to make a thorough inspection, inventory, examination and/c�.ir audit, shall constitute a misqemeanoro SECTION TWO. This ordinance sha. 11 be in force and take affect as provided by law. SECTION THREE. The City Clerk shall cory to the adoption of this ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in the City of Redlands, sl Waldo F . Burroughs ATTEST-. Mayor of the City of Redlands City .� rk APPROVED FOR FORM: Isl EdwgKg_E, Taylor City Attorney , I, Peggy Moseley, City Clerk, City of Redlands, hereby certify ' that the- foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 19th day of December, 1967 by the following votez AYES: Councilmen Martinez, Hartzell, Cummings, DeMirjyn, Mayor Burroughs NOES: None ABSENT; None 7/77-cTti--,,,5-r-Z_ Ordinance No. 1351 Page six,