Fontana, California, Code of Ordinances >> - CODE >> Chapter 15 - LICENSES, PERMITS AND BUSINESS REGULATIONS >> ARTICLE XI. - CLOSING-OUT SALES >> DIVISION 2. - PERMIT >>

DIVISION 2. - PERMIT56

Cross reference—Permit required for certain businesses, § 15-50.

Sec. 15-501. - Required.

Sec. 15-502. - Application.

Sec. 15-503. - Fee.

Sec. 15-504. - Investigation of applicant.

Sec. 15-505. - Issuance or denial.

Sec. 15-506. - Hearing on denial.

Sec. 15-507. - Statement to be printed on permit.

Sec. 15-508. - Term; renewal.

Sec. 15-509. - Revocation.

Sec. 15-510. - Display; availability of application and stock list.

Secs. 15-511—15-535. - Reserved.


Sec. 15-501. - Required.

No person shall publish or conduct any sale without first obtaining a permit therefor from the chief of police in the manner provided in this division.

(Code 1968, § 10-2)

Sec. 15-502. - Application.

No permit to conduct a sale shall be granted except upon written application to the chief of police, signed and verified before a person authorized to administer oaths, by the person who intends to conduct such sale. Each application shall set forth and contain the following information:

(1)    Description of premises. A description, by street location and kind of building, of the location at which such sale is to be held.
(2)    Nature of occupancy. The nature of the occupancy, whether by ownership, lease or sublease, and if by lease or sublease the effective date of the termination of such tenancy.
(3)    Advertising methods. A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means or methods of advertising to be used in advertising such sale.
(4)    Reason for sale. The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal, executorship removal or other cause advertised to be the reason for the proposed sale.
(5)    Inventory. An inventory or statement, in such form and in such detail as the chief of police may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale and, when required by the chief of police, the date of acquisition of such goods, wares or merchandise, and the person from whom obtained, and the place from which such goods were last taken. The chief of police may require that all goods, wares and merchandise listed upon the inventory or statement shall be so described in detail by manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise, so that the identity of such goods listed on such inventory can be readily determined.

(Code 1968, § 10-3)

Sec. 15-503. - Fee.

No application for any permit required by this division shall be accepted by the chief of police for filing unless accompanied by a filing fee in the amount of $25.00, no part of which shall be refundable.

(Code 1968, § 10-7)

Sec. 15-504. - Investigation of applicant.

Upon the filing of the application for a permit under this division, the chief of police may make or cause to be made an examination, audit or investigation of the applicant and his affairs, in relation to the proposed sale.

(Code 1968, § 10-4)

Sec. 15-505. - Issuance or denial.

If the chief of police finds that the statements in the application for a permit under this division are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect, and that the methods to be used by the applicant in conducting the sale are not such as, in the opinion of the chief of police, will work a fraud upon the purchasers, the chief of police shall issue to the applicant a permit to conduct such sale in accordance with the provisions of this article; otherwise the chief of police shall deny the application and refuse the permit. The chief of police may refuse a permit because of the insufficiency of the information set forth in the application, but in such event the chief of police shall grant the applicant permission to file an amended application.

(Code 1968, § 10-5)

Sec. 15-506. - Hearing on denial.

No application for a permit under this division shall be denied unless an opportunity for a hearing has been given the applicant by ten days' notice in writing, served by registered or certified mail addressed to the applicant at his address given in the application.

(Code 1968, § 10-6)

Sec. 15-507. - Statement to be printed on permit.

(a)   Each permit issued under the provisions of this division shall have printed, written or stamped on the face thereof the following: "This permit is granted by the Chief of Police and accepted by the permittee upon the condition that such permittee comply with and abide by all the provisions of Ordinances of the City of Fontana."
(b)   At the time of the delivery of such permit such statement shall be signed by the permittee in the presence of the chief of police or his duly authorized agent, who shall sign as a witness.

(Code 1968, § 10-8)

Sec. 15-508. - Term; renewal.

Any permit issued under the provisions of this division shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than 60 calendar days, and shall permit the sale only of goods which are set out in the application, all of which goods throughout the duration of the sale shall be definitely separated from any other goods displayed at or within the store or place of business, and all advertising signs or notices referring to or calling attention to the sale shall be confined to the display of goods involved in the sale; provided, however, that the chief of police or his duly authorized agent may, upon a verified application therefor, renew such permit for a period of not to exceed 30 days, upon the payment of a renewal fee in the amount of $25.00. Such verified petition for renewal shall set forth a complete list of goods listed in the original application and remaining unsold, and shall not contain any goods, wares or merchandise not named in such original application. Upon receipt of such application for renewal, the chief of police shall cause an investigation to be made at once, and, if satisfied of the truth of statements therein contained, the chief of police shall grant such renewal, which shall be endorsed and signed as provided for the original permit. The chief of police may renew any original permit in the manner provided in this section not to exceed two times upon the payment of the sum of $25.00 for each such renewal; provided, however, that the chief of police may not issue permits or renewals which will allow the conduct of any sale of any kind named in this article at any one location for more than 120 calendar days in any one 12-month period, nor shall any permit be granted to any applicant who has been granted a similar permit within a ten-year period.

(Code 1968, § 10-9)

Sec. 15-509. - Revocation.

(a)   The chief of police shall have the power to revoke at any time any permit issued in accordance with this division whenever any such sale or special sale is being conducted in violation of any of the provisions of this article or in such manner as to deceive or defraud the public, or if the holder of any such permit:
(1)   Has made any material misstatement in the application for such permit.
(2)   Has been guilty of any fraudulent practice in the conduct of the sale authorized by such permit.
(3)   Has failed to include in the inventory required by the provisions of this article the goods, wares or merchandise required to be contained in such inventory.
(4)   Has added, caused to be added or permitted to be added any goods, wares or merchandise not described in the original inventory.
(5)   Has violated any of the provisions of this article or of the laws pertaining to advertising.
(b)   No permit shall be revoked for any cause enumerated in this section until a written complaint has first been filed with the chief of police setting forth in ordinary, concise language the charge made against the permittee. Such complaint shall be verified by the oath of the person making the charge, such verification to be in the form prescribed by the Code of Civil Procedure for verified pleadings in civil actions. Service of such complaint and notice of hearing shall be made by sending a copy of the complaint and ten days' notice of the time and place of hearing by registered or certified mail addressed to the permittee at the address given in the application. Otherwise, such revocation shall follow the procedure authorized in this section.

(Code 1968, § 10-10)

Sec. 15-510. - Display; availability of application and stock list.

Upon commencement and throughout the duration of any sale, the permit issued by the chief of police shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such permit was issued shall at all times be available to the chief of police, or to his inspector and investigators, and the permittee shall permit such inspector and investigators to examine all merchandise in the premises for comparison with such stock list.

(Code 1968, § 10-15)

Secs. 15-511—15-535. - Reserved.