HomeMy WebLinkAbout147 - 10/18/1994 - REPEALING AND REENACTING ARTICLE VII OF CHAPTER 15 OF CITY CODE RELATING TO GOING-OUT-OF -BUSINESS S ORDINANCE NO. 147, 1994,
REPEALING AND REENACTING ARTICLE VII
OF CHAPTER 15 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO
GOING-OUT-OF-BUSINESS SALES
WHEREAS, Article VII of Chapter 15 of the City Code regulates going-out-of-
business sales through an application and licensing procedure; and
WHEREAS, the City has received numerous complaints from persons conducting
going-out-of-business sales that the City's licensing procedure places an
unnecessary financial and administrative burden on businesses at a time when they
are least able to meet these requirements; and
WHEREAS, the City recognizes that going-out-of-business sales can be used
as a deceptive sales practice; and
WHEREAS, the public can be protected against deceptive sales practices
associated with going-out-of-business sales by a law which makes such deceptive
sales practices a misdemeanor offense; and
WHEREAS, a criminal prohibition against such deceptive sales practices
removes the need for the City to license persons who conduct going-out-of-
business sales.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that Sections 15-181 through 15-190 of the Code of the City of Fort Collins are
hereby repealed and reenacted to read as follows:
Sec. 15-181. Definitions.
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section:
Going-out-of-business sale shall mean a sale advertised or
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 be discontinued and terminated. Going-out-of-business
sales include but are not limited to sales advertised as being
attributable to the following-_ adjustors;_ adjustment,_ alteration,_
assignees, bankrupt, benefit of administrators, benefit of
creditors, benefit of trustees, building coming down, closing,
creditors committee, creditors, end, executors, final days, forced
out, forced out of business, insolvent, last days, lease expires,
liquidation, loss of lease, mortgage sales, receivers, trustees,
quitting business.
Goods shall mean any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Sec. 15-182. Requirements of Sale.
Any person advertising or conducting a going-out-of-business sale:
(1) Shall be the owner of the business for at least six (6) months
prior to the date of the proposed sale;
(2) Shall not have conducted a going-out-of-business sale within
one (1) year prior to the date of the proposed sale at the
location for the proposed sale;
(3) Shall limit the sale to goods on hand and goods ordered at
least thirty (30) days prior to the first day of the sale and
pursuant to a valid written purchase order;
(4) Shall not knowingly use any untrue, deceptive or misleading
advertising or representations to promote the sale;
(5) Shall conduct the sale in strict conformity with all
advertisements and representations made by such person about
the sale;
(6) ShaTT keep aTT goods that are not included in the sale
separate from the goods included in the sale and shall clearly
mark such goods as not being included in the sale; and
(7) Shall limit the sale to seventy-five (75) consecutive days or
less.
Sec. 1-5 181. Exceptions.
The provisions of this Article shall not apply to or affect the
following persons:
(1) Persons acting pursuant to an order or process of a court of
competent jurisdiction;
(2) Persons acting in accordance with their powers and duties as
public officials; or
(3) Duly licensed professional liquidators or auctioneers selling
at auction.
Sec. 15-184. Violations and penalties.
Any violation of this Article shall be considered a misdemeanor
and shall be punishable upon conviction as provided in Section 1-15
of this Code.
2
Introduced, considered favorably on First Reading and ordered published
this 4th day of October, A.D. 1994, and to be presented for final passage on the
18th day of October, A.D. 1994. >
r J,
ATTEST:
'1- V / City Clerk,
Passed and adopted on final reading this 18th da of October, A.D. 1994.
yor
ATTEST:
City Clerk —��
3