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Consent   1.O.
Regular City Council Meeting
Meeting Date:
05/28/2013
TITLE
Amendments to Going Out of Business Ordinance-Second Reading
PRESENTED BY:
Brent Brooks
Department:
Legal
Presentation:

Information

PROBLEM/ISSUE STATEMENT

The Mayor and City Council appointed an ad hoc committee to study and provide recommendations concerning amendments to the 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, including a marked-up version of the City Code.  A revised and edited version of these proposed ordinance amendments was presented to the Council during the May 13, 2013, Regular City Council meeting, which was then approved on first reading.  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.

ALTERNATIVES ANALYZED

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.

FINANCIAL IMPACT

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

RECOMMENDATION

Staff recommends that the City Council adopt and approve the attached ordinance amendments at Second Reading.

APPROVED BY CITY ADMINISTRATOR


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