HomeMy WebLinkAboutORDINANCE NO. 9420~3`~
ORDDINANCE N0. 9~t20
An Ordinance to regulate bankrupt sales liquidating and dosing out sales vd.thin the
the City of Eugene and providing a penalty for violation thereof, and declaring an emer-
gency,
THE CITY OF E[? G};NE DOES ORDAIN AS FOLLOWS
Section 1. Save as to sales under judicial process, it shall be unlawful for any
person, copartnership, coporation, or association to sell, dispose of or offer for sale
in the City of Eugene, by means of or urd.er the title of bankrupt sales, liquidating,
closing out, removal,.puitting business or fire, or similarly designated title, whether
the same be their property or whether they ~r}~a11 se?.l or offer the same for sale as agents,
factors or employees of others, unless and until ',.he pa~:?n, firm, corporation or association
desiring to hold such sale shall obtain a license therefor..
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Section 2. Any person, copartnership, corporation, or association desiring to hold a
bankru-t sale or closing out sale, as in this ordinance defined, shall fle v~ith the
City Recorder of the City of Eugene, three days previous to the opening day of-such bank-
rupt or c1 osing out or similar salem a written application showing )S) the name or names
of the legal owners of the merchandise to be disposed of at maid sale (B) the name or names
of those in legal possession of said merchandise, (C) the name or names of those who will
actually dispose of said merchandise at said sale, (D) a receipt or other reasonable
evidence from officials of Lane County showing that any taxes due on said merchandise; if
taxes or t,3xable, have been paid.
Section 3. In su~amitting the anp]_ication providing for in Section 2, the a-~p~.icant
shall make a statement declaring that the dedeptive-advance-reduction method of attracting
purchasers will not be resorted to in connection with said sale or the advertising thereof,
to-wit: That said applicant as an inducement to the securing of said permit does pi..edge
and obligate him and or herself, the corporation, arm, association or individuals repre-
sented by the applicant to refrain from marking up or quoting or advertising articles of mer
chandi se at a price above the averabe or ordinary retail market price of said articles, and/
or at tre same time, or at any time marking down or quoting or advertising the price on said
articles in comparison with said marked up, quoted or advertised prices or with arty prices
except the customary or usual prices said articles are usually sold or offered for sale at;
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(.A) an affirmative statement that said bankrupt sale, closing out sale, cuitting business,
temoval or similarly designated sale us to be conducted in good forth as a result of a
bankrupt condition of the applicant or that the ~ plicant is quitting business at the end
of said period of sale or that .said applicant is removing his entire stock of merchandise
frgm his present location to a new and different location in the City of Eugene or has ac-
tual ly suffered fire loss to said merchandise wi thin thirty days from said date. .And
that no new stock shall be added except stock purchased or contracted by the original owner,
or in transit, and an itemized statement of such stock shall be filed with the~rCity
Rec order.
Secti on 1.~. A statement of the ~s treet and n~.zrnber where said s ale is to be conducted
and of the present, immediately past., and future business address of said applicant must
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be filed with the City Recorder. Such applicant must tender with the application abond in
the sum of X100.00 conditional for the observance of this ordinance and for the indemnification
of any `purchaser at said sale applied for suffering loss be reason of misrepresentation as
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herein this ordinance defined. ~I
Section 5. A11 sales, as in this ordinance defined, shall ~~.e held on successive days,
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Sunda s and le al holidays excepted, and shall not continue for fore than thirty days, in al 1, ~~
y ~ g ~1
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from the commencement of said sale. Extension to be granted if need is shown. j~
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Section 6. No license shall be issued for a sale as herein defined unlessit shall ;~
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appear that the az~plicant is in good faun disposing of his stock for the purpose of retiring I4
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from business or unlesshe is in a voluntary or involuntary bankrupt con dition or unless he is `~
l removing his herein inventoried stock to a new loc atio or unle she has suffered a f ire ~'
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loss of a substantial amount within thirty days prior to the new date of said annlica tion, ~ .
or zinlees the character of other or similarly designated sales are based upon the foundation
of facts or revents w~~:ich his announcement of the public regarding such sales are to be
nut forth as an inducement for patronage.
Section 7. The City of Eugene may revoke the license of any person, copartnersh~.p,
corporation or assocition found g~~ri-lty of violating this ordinance and no nevr license
shall be issued to such person withih one year.
Section 8. That each a.nd every sectian of t}~is ordinance is independent of all other
sections and the holding of one section to be void shall in no way vitiate any other sectim s
of this ordinance. This ordinance does not repeal the existing ardinances or Harts of ordinance:
with reference to sales, except ipso far as such prior ordinances may be in conflict with this
ordinance.
Section 9. The kind of type of merchandise hereintofore and hereinafter ieferred to
in: this ordinance sha).l be deemed to be defined as "All. articles usually or customarily s:» ld
by the retail merchant to the public in the ordinaay course of trade."
Section 10. Any person violating anU of the provisions of this ordinance shall upon
convention thereof in the municipal court, be punished by -~a fine not exceeding X200.00
or by imprisonment in the City jail for a per~t.od not exceeding 100 days or .by both such fine
and imprisonment.
Section 11. Any person who utters any false statement in making anplicatnn for a
lieense to conduct a sale or who fails to comply with agreements ~~~r pledges made in said
application, shall immediately be deprived ~ his license, and no further license shall be
issued to him for one year.
Section 12. Inasmuch as this ordinance is necessary for the immediate preservation of
the public health, peade abd safety of theCi~ of Eugene in this: that under present con-
ditions the public. has been made to suffer loss through misreprentations ih alleged bankrupt
and closing out sale s of merchandise,: therefore,. an emergency is declared to exist and this
ordinance shall be in force and effect from and after its pa~~sage by the Council, and a~ roval
by the Mayor.
Passed by the Common Council
this 26th day of September, 1949
s Henry F. Bei ste7_
Ci y Recor er
Approved by the Ma=,~or this 27th day
of September, 1949.
/s/ V. E. Johnson
Mayor
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