[G.O. No. 797, § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
PUBLISH, PUBLISHING, ADVERTISEMENT AND ADVERTISING
Such forms shall mean all means and methods of conveying
to the public a notice of sale or a notice of intention to conduct
a sale, whether by word of mouth, newspaper or magazine advertisement,
handbill, written or printed notice or display, billboard display,
poster, radio or television announcement and any and all other means,
oral or written, of calling attention to such a sale.
SALE
The sale of or offer to sell to the public, goods, wares
and merchandise of any kind and description, on hand and in stock,
in connection with a declared purpose as set forth by publishing or
advertising on the part of the seller, that such sale is anticipatory
to the termination, closing, liquidation, revision, windup, discontinuance,
conclusion or abandonment of the business in connection with such
sale or the removal of a business from one locality to another. It
shall also include any sale advertised to be a "fire sale", "adjustment
sale", "creditor's sale", "alteration sale", "executor's
sale", "administrator's sale", "insolvent sale", "insurance salvage
sale", "mortgage sale", "assignee's sale", "adjustor's sale",
"receiver's sale", "loss of lease sale", "removal sale", "alteration",
"close-out-sale", "creditor's committee sale", "forced out of
business sale" and all sales advertised in such manner as to reasonably
convey to the public that upon the disposal of the stock of goods
on the premises, the business will cease or be temporarily discontinued
at that location.
STOCK
Goods, wares and merchandise of all kinds and description.
[G.O. No. 797, § 2]
It shall be unlawful for any person to publish, advertise, announce or conduct any sale of a type or kind defined in Section
23-1 without first obtaining a license therefor in compliance with the provisions of this chapter.
[G.O. No. 797, § 3]
Applicants for a license under this chapter shall file with
the Town Clerk a written application, signed by the individual or
by all partners if a partnership, and by the president or vice-president
and secretary or assistant secretary, if a corporation, which application
shall contain the following:
(a) The name of the individual having management or supervision of the
applicant's business during the time that it is proposed that
the sale will be conducted; the local address of such individual while
conducting such sale; the permanent address of such individual, the
capacity in which such individual will act, whether as proprietor,
agent or otherwise; the name and address of the person for whose account
the sale will be carried on, if any; and if such person is a corporation,
then its full corporate name, the state in which it is incorporated
and the name and address of its agent in this state upon whom service
of legal process may be had.
(b) A description of the place and location where such sale is to be
held and its street address.
(c) The nature of the occupancy of the premises from which the sale is
to be conducted, whether ownership by lease or by sub-lease, giving
the commencement date and the effective date of termination of any
such lease or sublease.
(d) The means to be employed in publishing such sale, together with the
proposed content of any advertisement.
(e) An itemized inventory and list of stock on the premises to be offered
for sale, together with a statement of the quality and cost price
thereof.
(f) The place where such stock was purchased or acquired and the manner
of such acquisition.
(g) Every application shall be verified under oath by the applicant.
[G.O. No. 797, § 4]
The Town Clerk shall submit each application for a license under
this chapter to the Town Treasurer, and upon written approval of the
Town Treasurer endorsed upon such application, the Town Clerk shall
issue a license for a period not exceeding 30 days. Such license shall
be issued or denied within a period of 10 days from filing application,
and the license shall not be transferable.
[G.O. No. 797, § 10]
Upon filing an application for an original or renewal license
under this chapter, the applicant shall pay to the Town Clerk a fee
of $25. If any such application shall be denied, such payment shall
be forfeited to the Town to defray the cost of investigating the application.
[G.O. No. 797, § 6]
The Town Treasurer may, in his discretion, either personally
or by his representative, verify the details contained in an application
for a license or for a renewal thereof, or cause a check and certification
to be made of the items of stock sold during the sale. It shall be
unlawful for any person to whom a license has been issued to fail
or refuse to furnish the Town Treasurer or his designated representative
with information concerning stock sold, stock on the premises, or
any other information that may be required in order to make a complete
investigation of all applications for licenses and renewals thereof.
[G.O. No. 797, § 8]
Any person aggrieved by the decision of the Town Treasurer with respect to the denial of an application for a license or its renewal, or in connection with the revocation or suspension of a license, shall have the right to appeal to the Town Council. Such appeal shall be taken by filing a written statement of the grounds for appeal with the Town Council within 10 days after notice of a decision of the Town Treasurer has been mailed to such person. The Town Council shall set the time and place for a hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Subsection
(b) of Section
23-8 for notice of hearing on revocation. The decision of the Town Council shall be final.
[G.O. No. 797, § 11]
Before commencing or opening any such sale, the license issued
therefor under the provisions of this chapter shall be conspicuously
displayed near the entrance to the premises where such sale is to
be conducted.
[G.O. No. 797, § 9]
The Town Treasurer may, with the approval of the Town Council,
make such rules and regulations for the conduct of such sales and
the advertisement of same as may be necessary to prevent deception
and to protect the public interest and welfare. Such rules will be
available to applicants for licenses.
[G.O. No. 797, § 12]
All advertising for sales regulated by this chapter shall be
descriptive of the nature of such sale. The content of the advertisement
shall be identical with the proposed advertisement submitted with
the application and any changes in such advertisement shall first
be submitted to and approved by the Town Treasurer.
[G.O. No. 797, § 13]
The following persons and sales shall be exempt from the provisions
of this chapter:
(a) Persons acting pursuant to an order of a court of competent jurisdiction.
(b) Sheriffs, marshals and constables acting in accordance with their
powers and duties as public officers.
(c) Duly licensed auctioneers selling at auction.
(d) Executors', administrators' sales of household furnishings
and personal effects in the liquidation of estates.
(e) Sales conducted by bona fide organizations of the Town, the proceeds
of which are primarly to go to charity.