HomeMy WebLinkAboutOrdinances - MC-07-936 - 10/29/2007 - AMEND AND UPDASTE MC CH 20 SPECIAL SALESOrdinance No. MC-07-936
An Ordinance providing for updates to
Chapter 20 of the City of McHenry Municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County,
Illinois as follows:
SECTION 1: That Chapter 20 Special Sales of the City of McHenry Municipal Code is hereby
repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 20
SPECIAL SALES
Sec.20-1. Definitions.
For the purposes of this Chapter the following terms, phrases, words and their derivations shall have the
meaning given herein:
Fire and other altered goods sale means a sale conducted in such a manner- as to reasonably
cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water
or other means.
Going out of business sale means a sale conducted in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on hand the business will cease and
be discontinued, including but not limited to the following:
Adjuster's Sale;
Adjustment Sale;
Alteration Sale;
Assignee's Sale;
Bankruptcy Sale;
Benefit of Administrator's Sale;
Benefit of Creditors' Sale;
Benefit of Trustees' Sale;
Building Coming Down Sale;
Closing or Close -Out Sale;
Creditors' Committee Sale;
Creditor's Sale;
End Sale;
Executor's Sale;
Final Days Sale;
Forced Out Sale;
Forced Out of Business Sale;
Insolvents' Sale;
Last Days Sale;
Lease Expires Sale;
Liquidations Sale;
Loss of Lease Sale;
Mortgage Sale;
Receiver's Sale;
Trustees' Sale;
Quitting Business Sale.
Goods includes any goods, wares, merchandise or other property capable of being the object of a
sale regulated hereunder.
Removal of business sale means a sale conducted in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and discontinue business at the
place of sale upon disposal of the stock of goods on hand and will then move to and resume
business at a new location in the City or will then continue business from other existing locations
in the City.
Sec. 20-2. License required.*
A license issued by the City Clerk shall be obtained by any person before selling or offering to sell any
goods at a sale to be advertised or held out by any means to be one of the following kinds:
(a) Going -out -of -business sale;
(b) Removal of business sale; or
(c) Fire and other altered stock sale.
Sec. 20-3. Provisions supplement general licensing provisions.*
The provisions of this Article are intended to augment and be in addition to the provisions of the general
licensing provisions of this Code.
Where this Article imposes a greater restriction upon persons, premises, businesses, or practices than is
imposed by the general licensing provisions of this Code, this Article shall control.
Sec. 20-4. Application required; contents.
A person desiring to conduct a sale regulated by this Article shall make a written application to the City
Clerk setting forth and containing the following information:
(a) The name and address of the owner of the goods to be the object of the sale:,
(b) The name and address of the person from whom he purchased the goods to be sold and
the price therefore, and if not purchased, the manner of such acquisition;
(c) Address of the premises where such sale is to be held;
(d) The nature of the occupancy, whether by lease or sublease and the effective date of
termination of such occupancy;
(e) The dates during which the sale is to be held;
Cross Reference - Licenses generally, Ch. 12
(f) A full and complete statement of the facts in regard to the sale, including the reason for
the urgent and expeditious disposal of goods thereby and the manner in which the sale
will be conducted;
(g) The means to be employed in advertising such sale together with the proposed content of
any advertisement;
(h) A complete and detailed inventory of the goods to be sold at such sale as disclosed by the
applicant's records. Said inventory shall be attached to and become part of the required
application.
(1) All goods included in such inventory shall have been purchased by the applicant
for resale on bona fide orders without cancellation privileges and shall not
comprise goods purchased on consignment.
(2) Such inventory shall not include goods ordered in contemplation of conducting a
sale regulated hereunder. Any unusual purchase, or additions to the stock of
goods of the business hereby affected, within fourteen days before the filing of an
application hereunder shall be deemed to be of such character.
Sec. 20-5. Established business requisite to license.
Any person who has not been the owner of a business advertised or described in the application for a
license hereunder for a period of at least twelve months prior to the date of the proposed sale shall not be
granted a license.
Sec. 20-6. Exception for survivors of business person.
Upon the death of a person doing business in this City his or her heirs, devisees or legatees shall have
the right to apply at any time for a license hereunder.
Sec. 20-7. Persons exempted.
The provisions of this Article shall not apply to or affect the following persons:
(a) Persons acting pursuant to an order or process of a court of competent jurisdiction;
(b) Persons acting in accordance with their powers and duties as public officials;
(c) Auctioneers, selling at auction;
(d) Any publisher of a newspaper, magazine or other publication, who publishes in good
faith, any advertisement, without knowledge of its false, deceptive or misleading
character, or without knowledge that the provisions of this Article have not been
complied with.
Sec. 20-8. Interval between sales.
Any person who has held a sale, and regulated hereunder, at the location stated in the application, within
one year previous to the date of such application shall not be granted a license.
Sec. 20-9. Location restricted.
Where a person applying for a license hereunder operates more than one place of business the license
issued shall apply to the one store or branch specified in the application and no other store or branch
shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale;
nor shall the store or branch conducting the licensed sale advertise or represent that any other store or
branch is cooperating with it or participating in any way in the licensed sale.
Section 20-10. License fee.
Any applicant for a license hereunder shall submit to the City Clerk with his application a license fee of
`625.00.
,Any applicant for a renewal license hereunder shall submit to the City Clerk with his renewal
application a renewal license fee of $25.00.
Sec. 20-11. License period; renewal.
(a) Period. The license shall authorize the sale described in the application for a period of not
more than seven consecutive days, Sundays and legal holidays excluded, following the issuance
thereof.
(b) Renewal. The City Clerk shall renew a license for one time period only, such period to be in
addition to the seven days permitted in the original license and not to exceed fourteen
consecutive days, Sundays, and holidays excluded, when she finds:
(1) That facts exist justifying the license renewal;
(2) That the licensee has filed an application for renewal;
(3) That the licensee has submitted with the application for renewal a revised inventory
showing the items listed on the original inventory remaining unsold and not listing any
goods not included in the original application and inventory.
(4) For the purposes of this subsection, any application for a license under the provisions of
this Chapter covering any goods previously inventoried as required hereunder, shall be
deemed to be an application for renewal, whether presented by the original applicant, or
by any other person.
Sec. 20-12. License limited to particular sale and location.
The license shall authorize only the one type of sale described in the application at the location named
therein.
Sec. 20-13. License limited to inventoried goods.
The license shall authorize only the sale of goods described in the inventory attached to the application.
Sec. 20-14. Surrender of other licenses.
Upon being issued a license hereunder for a going -out -of -business sale the licensee shall surrender to the
City Clerk all other business licenses he may hold at that time applicable to the location and goods
covered by the application for a license under this Chapter.
See.20-15. Non -transferability.
Any license herein provided for shall not be assignable or transferable.
Sec. 20-16. Duties of licensee.
A licensee hereunder shall:
(a) Make no additions whatsoever, during the period of the licensed sale, to the stock of
goods set forth in the inventory attached to the application for license.
(b) Refrain from employing any untrue, deceptive or misleading advertising.
(c) Conduct the licensed sale in strict conformity with any advertising or holding out incident
thereto.
(d) Keep available at the place of sale a duplicate copy of the inventory submitted with the
application and shall present such duplicate to inspecting officials upon request.
(e) Keep any other goods separate and apart from the goods listed in the field inventory as
being objects of sale and shall make such distinction.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 29 h day of October, 2007.
'Voting Aye:
Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
'Voting Nay:
None.
Not Voting:
None.
Absent:
None.
Abstain:
None.
APPROVED:
A4ayor
(SEAL)
ATTEST:
City tr