5.34.130 Rummage Sales, Etc.
A. In addition to the requirements of Larkspur Municipal Code Section 5.34.010, any application for licensing a fire sale, rummage sale, closing-out sale, auction sale, liquidation sale or sale of a similar nature, shall set forth and contain the following information:
1. Description, by street location and kind of building, of the location at which the sale is to be held;
2. The nature of the occupancy, whether by ownership, lease or sublease and the effective date of the termination of such tenancy;
3. A statement of the means or the methods of advertising to be used in advertising such sale;
4. The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage foreclosure, administration, receivership, trusteeship, removal or other cause advertised to be the reason for the proposed sale;
5. An inventory or statement, in such form and in such detail as the City Clerk may require, setting forth the amount and description of goods, wares, and merchandise to be sold at such sale and, when required by the City Clerk, the date of acquisition of such goods, wares, or merchandise and the persons from whom obtained and place from which said goods were last taken.
The City Clerk 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 and the individual number of articles so numbered so that the identity of such goods with the goods listed on such inventory can be readily determined.
In addition to the matters set forth in Larkspur Municipal Code Section 5.34.030, the City Council, in its hearing, shall consider whether:
a. The statements in the application are true;
b. The inventory is complete;
c. The advertising set forth is false, fraudulent, deceptive, or misleading in any respect; or
d. The methods to be used by the applicant in conducting the sale are not such as will work a fraud upon the purchasers.
The City Clerk may refuse a permit because of the insufficiency of the information set forth in the application but, in such event, the City Clerk shall grant the applicant permission to file an amended application.
Each such permit issued shall have printed, written or stamped on the face thereof the following: “This permit is granted by the City and accepted by the permittee upon the condition that such permittee complies with and abides by all the provisions of Larkspur Municipal Code Section 5.34.130,” with a line thereunder for signature by the permittee and a witness.
At the time of the delivery of said permit, such statement must be signed by the permittee in the presence of an employee of the City who shall sign as a witness.
B. No application for any such permit shall be accepted by the City Clerk for filing unless accompanied by a filing fee in the amount of one hundred fifteen dollars ($115.00), no part of which shall be refundable or applicable to the business license. This is in addition to the one hundred fifteen dollars ($115.00) per month license fee. Any permit issued under the provisions of this section shall authorize the one type of sale named in the application, at the place named therein, for a period of not more than thirty (30) calendar days, and shall permit the sale of goods only which are set out in the application, all of which goods throughout the duration of the sale must 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 must be confined to the display of goods involved in the sale; provided, however, that the City Clerk may, upon payment of renewal fee in the amount of one hundred fifteen dollars ($115.00), renew the permit for an additional thirty (30) days. No further renewals may be granted without the approval of the City Council. (Ord. 1030 § 2(4), 2018; Ord. 583 § 24, 1977; Ord. 401 § 30, 1971; Ord. 265 § 73D (part), 1959)