[Adopted 5-15-2018 by Order No. 18-116-01]
No person, firm, or corporation may offer for sale a stock of goods, wares, merchandise under the designation of "closing-out sale," "going out of business sale," "discontinuance of business sale," "entire stock must go," "must sell to the bare walls," or other designation that states, directly or by implication, an intent of that person, firm or corporation to dispose of the entire stock of goods with a view to permanently terminate further business after that disposal is complete until such person, firm, or corporation first obtains a license for such purpose from the City. Licenses under this article shall not be issued unless the City Clerk receives affirmation from the Inspection Team that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this article and is adequate grounds for the denial, revocation, or suspension of a license.
License applications under this article shall be processed according to the procedures established in this article and Chapter 149, Licensing. A license may be issued after the required fee has been paid through the City Clerk's office. The fee for a license shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code for closing-out sales.
A license is valid for 60 days from the date of issuance. The license may be extended for 60 additional days if the licensee provides an affidavit to the City stating that all goods, wares or merchandise listed in the inventory have not been disposed of within the original sixty-day period.
License application shall be made to the City Clerk on a form furnished by the City Clerk for such purpose and shall include in addition to any other required information established under Chapter 149, Licensing:
A. 
A complete inventory of all items to be included in the sale.
B. 
An affidavit stating that merchandise will not be included in the stock offered for sale unless the merchandise is in or at the place of business where the sale will take place when the sale opens.
C. 
If the applicant has been in the same business for which the sale is being conducted for less than two years of continuous operation, the applicant must also state by affidavit that none of the merchandise was purchased before the sale opened for the purpose of selling and disposing of that merchandise at the sale.
Any unusual purchases and additions to the stock of goods, wares, or merchandise made within 60 days before the filing of an application for a license is prima facie evidence that the purchases and additions were made in contemplation of the sale.
The City Clerk shall preserve all applications for licenses and other papers filed in connection with an application as a public record for five years.