Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-471

AN ORDINANCE REGULATING DISTRESS MERCHANDISE SALES; DEFINING DISTRESS MERCHANDISE SALES; REQUIRING PERSONS CONDUCTING SUCH SALES TO OBTAIN A LICENSE; PRESCRIBING PROCEDURES AND STANDARDS THEREFOR; PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; AND PROVIDING OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, many firms and businesses have been conducting "distress merchandise sales" as herein defined which sales have in many cases been harmful to the citizens of Las Vegas; and WHEREAS, in order to protect the public in the interest of the general welfare an ordi­nance is necessary to prescribe conditions and limitations for the conduct of such sales, NOW, THEREFORE, the Board of Commissioners of the City of Las Vegas do ordain as follows: SECTION 1. DEFINITIONS. The following terms shall have the meanings ascribed unless the context clearly indicates a different meaning. "Distress merchandise sales" shall mean any offer to sell to the public, or sale to the public, of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Without limiting the generality of the above, distress merchandise sales shall include any sale advertised either specifically or in substance to be a "fire sale," "smoke and water damage sale," "adjustment sale," "creditor's sale," "trustee's sale," "bankrupt sale," "save us from bankruptcy sale," "insolvent sale," "insurance salvage sale," "mortgage sale," "assignee's sale," "adjuster's sale," "must vacate sale," "quitting business sale," "receiver's sale," "loss of lease sale," "force out of business sale," "creditor's committee sale," "wholesalers close-out sale," "liquidation sale," or "removal sale." "Person" shall mean any individual, partnership, association, firm or corporation. "License Officer" shall mean the Supervisor of Licenses and Revenues of the City of Las Vegas. SECTION 2. LIBERAL CONSTRUCTION. This Ordinance shall be liberally construed so that its beneficial purposes may be served. SECTION 3. LICENSE REQUIRED. It shall be unlawful for any person to advertise or conduct a distress merchandise sale without first having obtained a license to do so in accordance with the provisions of this Ordinance. SECTION 4. APPLICATION OF REGULATIONS. (a) Provisions supplement General Licensing Ordinance. The provisions of this Ordinance are intended to augment and be in addition to the provisions of Chapter 17, Code of Las Vegas, Nevada, 1949, as amended. Where this Ordinance imposes a greater restriction upon persons, premises, businesses, or prac­tices than is imposed by Chapter 17, Code of Las Vegas, Nevada, 1949 as amended, this Ordinance shall control. (b) Established Business Requisite. Any person who have not been the owner of a business advertised or described in the application for a license hereunder for a period of at least 6 months prior to the date of the proposed sale shall not be granted a license. (1) Exception for Survivors of Businessmen. 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. (c) Interval Between Sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license. Cd) Restricted Location Where a person applying for a license hereunder operates more than one place of business the license issued shall apply only 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. (e) Persons Exempted. The provisions of this Ordinance shall not apply to or affect the following persons: Cl) 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: (3) Duly licensed auctioneers, selling at auctions: (4) Persons conducting a sale of the type regulated herein on the effective date of this Ordinance, unless such sale is continued for a period of more than 30 days from and after such effective date, in which event, such person, at the lapse of the said 30 day period, shall comply with the provisions of this Ordinance; ORDINANCE NO. 708