The Mayor and City Council previously appointed an ad hoc committee to study and provide recommendations to the Mayor and City Council concerning amendments to the current Going Out of Business Ordinances found at BMCC Sections 7-300 through 7-321. The Committee included Council Members Mark Astle and Denis Pitman and former Council Member Dick Clark. The Committee met several times and developed suggested amendments to these ordinances. During the March 18, 2013, work session, the ad hoc committee and staff made a presentation to the Council that included these suggested amendments to the current Going Out of Business Ordinances including a marked-up version of these ordinances which were provided to and discussed with the Mayor and Council at that time. A revised and edited version of these proposed ordinance amendments is included with this memo as Attachment A. Some of the suggested amendments from the ad hoc committee include expanding the definition of Going Out of Business to include "loss of lease" and "retirement" sales; eliminate the requirement of a "detailed inventory" from the business desiring to conduct such a sale; limiting the time period for the Going Out of Business sale to a maximum of ninety (90) days with no extensions; and providing a new section prohibiting false advertising. Violations of the ordinance have been and will continue to be Municipal Infractions as provided at BMCC Section 18-304.

1. Retain current ordinances and make no revisions.
2. Repeal entire set of current ordinances and do not regulate Going Out of Business sales.
3. Adopt some or all of the suggested amendments from the ad hoc committee.

There is a nominal fee of thirty ($30) dollars to obtain a Going Out of Business license however there is no other financial impact.

Staff recommends that the City Council adopt and approve the attached ordinance amendments at First Reading and Public Hearing.