This chapter shall apply to any sales of goods, wares or merchandise
as:
A. Forced sales at reduced prices.
B. Insurance, bankruptcy, mortgage foreclosure, insolvency, removal,
loss or expiration of lease or closeout sales.
C. Assignees', receivers' or trustees' sales.
D. Sales of goods distrained.
E. Sales of goods damaged by fire, smoke or water.
This chapter shall not apply to any sale of goods, wares or
merchandise held:
A. Under a judicial order, judgment or decree or a writ issuing out
of any court or to enforce any lawful lien or power of sale, whether
by judicial process or not.
B. By a licensed auctioneer.
In addition to the requirements of §
485-12 of this Code, the application for a license under this chapter shall contain the following information:
A. The true name of the owner of the goods to be offered for sale.
B. The name of the operator of the sale, if a person other than the
true owner.
C. A full and complete inventory of the quantity, kind and character
of the goods to be offered for sale, which shall be prepared in the
following manner:
(1) A listing of all goods which have been in stock for a period of 15
days or longer prior to the application for the license.
(2) A listing of all goods received in stock within the 15 days immediately
preceding the application for the license.
(3) A listing of all goods which have been ordered and which will be
placed in stock during the pendency of the sale, the method by which
the applicant for the license or the true owner of the goods, if a
different person, acquired title to the same and the reason for the
urgent and expeditious disposal thereof.
Licenses issued under this chapter shall be for a period not
exceeding 90 days and shall not be renewable. No other such license
shall be granted to the same person for a period of one year succeeding
the expiration of a previous license.
It shall be the duty of each licensee hereunder to post a copy
of the license application in the sales room or place where the goods
are to be sold so that the public may be informed of the facts in
relation to the goods before purchasing the same.
[Added 4-9-1987 by Ord. No. MC-2289]
It shall be unlawful for any person, as defined in §
485-1 to engage in the activity identified and regulated by this chapter, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter
485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this chapter or of Chapter
485 shall be in violation of the provisions of this chapter.
[Added 4-9-1987 by Ord. No. MC-2289]
A. Unless otherwise provided in the chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of §
1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B. A separate offense shall be deemed committed on each and every day
for each and every violation of this chapter.
C. A separate offense shall be deemed committed on each day during or
on which a violation or violations occur or continue.
D. The imposition of a fine or imprisonment as punishment for a violation of any provision of this chapter shall not be deemed to be in lieu of any provision of this chapter or of Chapter
485 providing for revocation or suspension of any license issued under this chapter and Chapter
485.