Ordinance 54

CITY OF HALIFAX
ORDINANCE NUMBER 54

FOR THE REGULATION OF GOING-OUT OF BUSINESS SALES, REMOVAL OF BUSINESS SALES AND FIRE AND OTHER ALTERED GOODS SALES

BE IT ENACTED by the Mayor and City Council of the City of Halifax as follows:

1. This Ordinance may be referred to as "The Going-Out-of Business Sales Ordinance".

2. In this Ordinance -

"Going-out of Business Sale" means a sale held out in such 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 sales: Adjuster's Sale; Adjustment Sale; Alteration Sale; Assignee's Sale; Bankrupt Sale; Benefit of Administrator's Sale; Benefit of Creditors' Sale; Benefit of Trustees Sale; Building Coming Down Sale; Closing Sale; Creditor's Committee Sale; Creditor's Sale; End Sale; Executor's Sale; Final Days Sale; Forced Out Sale; Forced Out of Business Sale; Insolvent's Sale; Last Days Sale; Lease Expires Sale; Liquidation Sale; Loss of Lease Sale; Mortgage Sale; Receiver's Sale; Trustee's Sale; Quitting Business Sale; Warehouse Sale; or other similar words. "Removal of Business Sale" means a sale held out 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 or will then continue business from other existing locations. "Fire and other altered goods Sale" means a sale held out 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. "Goods" is meant to include any goods, wares, merchandise or other property capable of being the object of a sale, regulated hereunder. "Person" means any person or persons, firm partnership association, corporation, company or organization of any kind.

3. A license issued by the Chief of Police or a person delegated by him, 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 kind:

(1) going-out-of-business sale;

(2) removal of business sale; and

(3) fire and other altered goods sale.

4. The fee for every such license so issued shall be Three Hundred and Eighty-Five Dollars ($385.00).

4(A) Any person who conducts a sale regulated by this Ordinance and every person employed by such a person shall wear a badge so as to be in view at all times, which shall be furnished by the City on the payment of a fee of Five Dollars ($5.00).

5. 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 six months (6 months) prior to the date of the proposed sale, shall not be granted a license.

6. Upon the death of a person doing business in the City, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.

7. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one (1) year past from the date of such application shall not be granted a license except in the case of Fire of other Altered Goods Sale when more than one license may be issued in a twelve (12) month period when the Chief of Police is satisfied that the applicant has suffered alteration of goods through mishap.

8. 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 branch shall advertise or represent that it is co- operating, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is co- operating with it or participating in any way with the licensed sale.

9. The provisions of this Ordinance 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;

(3) Duly licensed auctioneers, selling at auction;

(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;

(5) 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 Ordinance have not been complied with.

10. A person desiring to conduct a sale regulated by this Ordinance shall make a written application to the Chief of Police setting forth and containing the following information:

(1) The true name and address of the owner of the goods to be offered for sale;

(2) The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;

(3) The address of the place where such sale is to be held;

(4) The nature of the occupancy, whether by lease or sub- lease, and the effective date of termination of such occupancy;

(5) The date of the period of time in which the sale is to be conducted;

(6) 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;

(7) The means to be employed in advertising such sale together with the proposed content of any advertisement;

(8) 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. 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. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase, or addition to the stock of goods of the business hereby affected within 45 days before the filing of an application hereunder shall be deemed to be of such character.

11. A license shall be issued hereunder on the following terms:

(1) The license shall authorize the sale described in the application for a period of not more than 30 consecutive days following the issuance thereof;

(2) The license shall authorize only the one type of sale described in the application at the location named therein;

(3) The license shall authorize only the sale of goods described in the inventory attached to the application;

(4) Upon being issued, a license hereunder for a going-out- of-business sale or removal of business sale, the licensee shall surrender to the Chief of Police his Occupancy Permit for the premises mentioned in the said license.

(5) Any license herein provided for shall not be assignable or transferable.

12. If, at the expiration of the license, the licensee has not disposed of all the stock which is the subject of the sale, he may apply to the Chief of Police for an extension of such license for such additional time as the Chief of Police deems necessary for the reasonable disposal of such stock.

13. A license hereunder shall:

(1) 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 the license;

(2) Refrain from employing any untrue, deceptive or misleading advertising;

(3) Conduct the licensed sale in strict conformity with any advertising or holding out incidental hereto;

(4) Keep available at the place of sale a duplicate copy of the inventory submitted with the application and shall present such duplicate to the Chief of Police or a person delegated by him upon request;

(5) Keep any other goods separate and apart from the goods listed in the filed inventory as being objects of sale and shall make such distinction clear to the public by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of such goods.

14. Any person, firm or corporation violating any of the provisions of this Ordinance shall be liable to a penalty not exceeding Five Hundred Dollars ($500.00) and in default of payment thereto to imprisonment for a period of sixty (60) days and every day that such person, firm, or corporation continues such violation, shall be deemed a fresh offence.

15. This Ordinance shall be known as Ordinance Number 54.

Passed Council September 15, 1960 and October 13, 1960 Approved by Minister of Municipal Affairs November 17, 1960

AMENDMENTS:
No. 1 Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26, 1986

BY VIRTUE OF SECTION 145(2) OF THE HALIFAX CITY CHARTER amendments to Section 4, new Section 4A

No. 2 Amendment: Section 4
Notice of Motion to Introduce: October 16, 1986
First Reading: October 30, 1986
Committee of the Whole Council: December 3, 1986
Second Reading: December 11, 1986
Approval of M.M.A.: January 23, 1987

No. 3 Amendment: Section 4
Notice of Motion to Introduce: January 14, 1988
First Reading: January 28, 1988
Committee of the Whole Council: February 3, 1988
Second Reading: February 11, 1988
Approval of M.M.A.: March 3, 1988

No. 4 Amendment: Section 4
Notice of Motion to Introduce: October 13, 1988
First Reading: October 27, 1988
Committee of the Whole Council: November 9, 1988
Second Reading: November 17, 1988
Approval of M.M.A.: January 12, 1989

No. 5 Amendment: Section 4
Notice of Motion to Introduce: September 28, 1989
First Reading: October 12, 1989
Committee of the Whole Council: October 18, 1989
Second Reading: October 26, 1989
Approval of M.M.A.: November 30, 1989

No. 6 Amendment: Section 4
Notice of Motion to Introduce: October 25, 1990 
First Reading: November 15, 1990 
Committee of the Whole Council: November 21, 1990
Second Reading: November 29, 1990 
Approval of M.M.A.: January 9, 1991

No. 7 Amendment: Section 4
Notice of Motion to Introduce: December 12, 1992
First Reading: January 16, 1992
Committee of the Whole Council: January 22, 1992
Second Reading: January 30, 1992
Approval of M.M.A.: March 4, 1992

No. 8 Amendment: Section 4
Notice of Motion to Introduce: October 1, 1992
First Reading: October 15, 1992
Committee of the Whole Council: October 21, 1992
Second Reading: October 29, 1992
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)

No. 9 Amendment: Section 4
Notice of Motion to Introduce: November 17, 1994
First Reading: December 1, 1994
Committee of the Whole: December 7, 1994
Second Reading: December 15, 1994
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)