BANKRUPTCY, CLOSING OUT SALES

Hollywood, Fla., City Code tit. XI, ch. 117

in effect

Hollywood, Fla., City Code § 117.01 LICENSE REQUIRED TO CONDUCT CLOSING OUT SALE.

§ 117.01 LICENSE REQUIRED TO CONDUCT CLOSING OUT SALE. (A) A license shall be required to conduct a closing out sale, the license fee to be determined by the length of sale, not to exceed 60 days. Every person conducting such a closing out sale must file with the Department of Financial Services an inventory containing a complete and accurate list of the stock of goods, wares and merchandise on hand to be sold at such sale. The inventory shall contain the cost price of the respective articles enumerated. (B) The period of time during which a closing-out sale may be conducted shall not exceed 60 days, after which time the city license shall be invalid. (C) Any person taking over bankruptcy stock for the purpose of conducting a closing-out sale shall be required to obtain a city license based on the length of sale, not to exceed 60 days. (D) After once filing notice with the Department of Financial Services of intent to conduct a closing out sale and following the 60-day time during which the sale may be conducted, no such person shall reengage in the same business at the same location. ('72 Code, § 19-40) (Ord. O-72-117, passed 6-28-72; Am. Ord. O-2007-07, passed 4-18-07) (E) No person shall engage in, manage or conduct at retail, within the city, any sale of goods, wares or merchandise, under the circumstances stated in this chapter without having first obtained a license to conduct such sale, to be known as a “Closing out sale license.” Every person is hereby required to obtain such license before such person shall at retail conduct a sale or advertise for sale any goods, wares or merchandise of a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor, receiver, wholesaler, jobber, manufacturer or any business that is in liquidation, that is closing out, closing or disposing of its stock or a particular part or department thereof, that has lost its lease or has been or is being forced out of business, that is disposing of stock on hand because of damage by fire, water, smoke or other cause or that for any reason is forced by circumstances to dispose of stock on hand. Every person is hereby required to obtain such license before such person shall conduct a sale of or advertise goods, wares and merchandise for sale, of such advertisement or representation, express or implied, tends to lead people of the city to believe that such sale is a selling out or closing out of the business conducting the sale. ('72 Code, § 19-68) (Ord. 2130-A, passed - - ) Penalty, see § 10.99

Hollywood, Fla., City Code § 117.02 APPLICATION; FEE; TERM.

§ 117.02 APPLICATION; FEE; TERM. (A) Application. Every person requiring a closing out sale license shall make an application in writing to the City Clerk on an application form provided by the City Clerk and attach thereto an inventory containing a complete and accurate list of the stock of goods, wares and merchandise on hand to be sold at such sale and shall have attached thereto an affidavit by the applicant for such license or his duly authorized agent, from which it shall appear that the information set forth in such inventory is true and correct to the knowledge of the person making such affidavit. The affidavit shall include the names and addresses of the principals, such as the partners, officers and directors and the principal stockholders and owners of the business and the inventoried merchandise. The inventory shall contain the cost price of the respective articles enumerated therein, together with the date of such purchases and the identity of the seller. If the goods, wares and merchandise were purchased by applicant or the person for whom he is acting as agent, for a lump sum, or other circumstances that make the listing of the cost price for each article impracticable, such inventory shall state the lump sum paid for such goods, wares and merchandise, and the circumstances of the purchase of the same. The applicant shall further specify the name and addresses of the applicant, and, if an agent, the person for whom he is acting as an agent, the place at which the proposed sale is to continue, which time shall not exceed 60 successive days, Sundays and legal holidays excepted, from the date of the issuance of such license. ('72 Code, § 19-69) (B) Fee. The fee for a closing out sale license shall be as provided by § 110.40(B). ('72 Code, § 19-70) (C) Term. The duration of this license shall not exceed 60 days from the date of issuance. ('72 Code, § 19-71) (Ord. 2130-A, passed - - )

Hollywood, Fla., City Code § 117.03 PAYMENT OF PERSONAL PROPERTY TAXES; RE-ENGAGING IN SAME BUSINESS.

§ 117.03 PAYMENT OF PERSONAL PROPERTY TAXES; RE-ENGAGING IN SAME BUSINESS. Before any person may secure a closing out sale license as provided for in § 117.01, all city assessed personal property taxes shall be paid. After once securing such a closing out sale license, no such person shall re-engage in the same business at the same location and under the same name in the city for a period of one year from the expiration date of the closing out sale license as procured under § 117.01. ('72 Code, § 19-72) (Ord. 2130-A, passed - - )

Hollywood, Fla., City Code § 117.04 SUPPLEMENTAL LICENSES.

§ 117.04 SUPPLEMENTAL LICENSES. The period of time during which a sale may be conducted under a closing out sale license may be extended by the City Clerk, if, at any time during the term of the license, a written application for such extension, duly verified by the affidavit of the applicant, shall be filed by the licensee with the City Clerk. The application for an extension of such license shall state the amount of the goods, wares and merchandise listed in original inventory which shall have been sold since the issuance of the license and the amount of goods, wares and merchandise contained in the original inventory which still remains in the possession of the applicant for sale and shall state the length of time for which an extension is requested. No extension of the license shall be granted if any goods, wares or merchandise shall have been added to the stock of merchandise, listed in the inventory, filed as required by § 117.02, since the day of the issuance of the license. The applicant shall satisfy the City Clerk by affidavit or otherwise, directed by him, that no goods, wares or merchandise have been added to the stock since the date of the issuance of the license. The City Clerk may, in consideration of the facts, upon hearing such petition, grant or deny a supplemental license, and, if such supplemental license is granted, the period of the extension shall be determined by the City Clerk provided that such extension shall not exceed 30 days from the expiration of the original license. If a supplemental license is granted, the same shall be issued by the City Clerk upon the payment of an additional license fee of $25 per day, for the time during which such supplemental license is granted. ('72 Code, § 19-73) (Ord. 2130-A, passed - - )

Hollywood, Fla., City Code § 117.05 INVENTORY OF STOCK.

§ 117.05 INVENTORY OF STOCK. It shall be unlawful to sell, offer or expose for sale at any sale for which a license is required by the terms of § 117.01 any goods, wares or merchandise not listed in the inventory required by § 117.02, except that any person may, in the regular course of his business, conduct a sale of merchandise represented to have been purchased from a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor, receiver, wholesaler, jobber, manufacturer,or a person or corporation in liquidation, or that has been forced out of business, and at the same time sell at his places of business other goods, wares and merchandise, if the goods, wares and merchandise for the sale of which a license is required by the terms of this section shall be distinguished by a tag or otherwise so that such goods, wares and merchandise of such class are readily ascertainable to prospective purchasers, and shall not label or tag other goods, wares and merchandise in any manner as to indicate to or lead a purchaser or prospective purchaser to believe that such merchandise is of the class for which a license is required by the terms of this chapter. ('72 Code, § 19-74) (Ord. 2130-A, passed - - ) Penalty, see § 10.99

Hollywood, Fla., City Code § 117.06 AUTHORITY OF CITY LICENSE INSPECTOR TO INVESTIGATE.

§ 117.06 AUTHORITY OF CITY LICENSE INSPECTOR TO INVESTIGATE. The City License Inspector may verify the details of the inventory as filed in connection with an application for such license and may also verify the items of merchandise sold during any sale under such license. It shall be unlawful for any person, to whom the closing out sale license has been issued, to refuse to furnish on demand to the City Clerk or any person designated by him for that purpose all the facts connected with the stock on hand or any other information that he may reasonably require in order to make a thorough investigation of all phases connected with the sale, so far as they relate to the rights of the public. ('72 Code, § 19-75) (Ord. 2130-A, passed - - ) Penalty, see § 10.99

Hollywood, Fla., City Code § 117.07 PUBLIC AUCTION PERMISSIBLE.

§ 117.07 PUBLIC AUCTION PERMISSIBLE. Any sales under the provisions of this chapter may be held by public outcry and auction, provided the same is conducted by an auctioneer holding a current auctioneer's license under the provisions of this code. when application is made for license for such closing out sale, a detailed inventory of the items to be offered must be submitted to the City Clerk, and such inventory shall be secured by a bond or cash deposit based on 1% of the total inventory value, such bond or cash deposit to serve as security to insure that no items not shown on the original inventory are offered for sale, and the bond or cash deposit shall be returnable upon submission of proper closing inventory or affidavit that all times have been disposed of. ('72 Code, § 19-77) (Ord. 2130-A, passed - - )

Hollywood, Fla., City Code § 117.08 SALES BY PUBLIC OFFICERS; JUDICIAL SALES.

§ 117.08 SALES BY PUBLIC OFFICERS; JUDICIAL SALES. The provisions of this chapter shall not apply to sales by public officers or sales under judicial process. ('72 Code, § 19-76) (Ord. 2130-A, passed - - )

Hollywood, Fla., City Code § 117.09 VIOLATION OF ARTICLE.

§ 117.09 VIOLATION OF ARTICLE. Each article of goods sold not listed in the inventory filed, sold without a license or after a license shall have expired or otherwise sold in violation of the provisions of this chapter shall constitute a separate offense under this chapter, and any false or misleading statement in the inventory, application for a license or renewal application shall constitute a violation of this chapter. ('72 Code, § 19-78) (Ord. 2130-A, passed - - ) Penalty, see § 10.99

Source: City of Hollywood, Florida, Code of Ordinances, Charter and Zoning and Land Development Regulations (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/hollywood/latest/hollywood_fl/0-0-0-43711Fetched: 11/8/2026