For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
LICENSEE
Any person to whom a license has been issued pursuant to
this chapter.
PUBLISH, PUBLISHING, ADVERTISEMENT OR ADVERTISING
Any means of conveying to the public notice of sale or notice
of intention to conduct a sale, whether by word of mouth, by newspaper
advertisement, by magazine advertisement, by handbill, by written
notice, by printed notice, by printed display, by billboard display,
by poster, by radio announcement or any other means, including oral,
written or printed.
SALE
The sale or any offer to sell to the public of goods, wares
and merchandise of all kinds and descriptions on hand and in stock
in connection with a declared purpose, as set forth by advertising,
on the part of the seller that such sale is anticipatory to the removal,
reorganization, termination, closing, liquidation, revision, windup,
discontinuance, conclusion or abandonment of the business in connection
with such sale. Such term shall also include any sale advertised to
be a fire sale, adjustment sale, creditor's sale, liquidation
sale, reorganization sale, alteration sale, administrator's sale,
insolvent sale, insurance salvage sale, assignee's sale, adjustor's
sale, receiver's sale, loss-of-lease sale, wholesaler's
closeout sale, forced out-of-business sale, removal sale, damaged
goods sale and any sale advertised in such a manner as to reasonably
convey to the public that, upon the disposal of the stock of goods
on hand or upon the end of the sale, the business will cease and be
discontinued or be removed to another location or be reorganized.
No person shall publish or conduct any sale without first having
obtained a license therefor.
The Director of the Finance Department is hereby designated
as the licensing official who shall issue licenses under this chapter
to those persons who shall apply for the same.
Where an inspection by the Director of the Finance Department
discloses that a licensee has not complied with the terms of this
chapter, the Director is hereby authorized, in his discretion, after
proper notice and hearing, to revoke the license so issued. Upon such
revocation, the licensee shall also be subject to the penalties prescribed
for the violation of this chapter.
The provisions of this chapter shall not apply to or affect
the following persons:
A. Persons acting pursuant to an order or process of a court of competent
jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officers, such as sheriffs and marshals.
C. Duly licensed auctioneers, selling at auction.
The Chief of Police shall render such aid and assistance to
the Director of the Finance Department as the latter may require and
request in the administration and enforcement of this chapter.
[Added 5-18-1982 by Ord.
No. 16-82]
Any person who violates any of the provisions of this chapter
shall, upon conviction thereof, be subject to a fine not exceeding
five hundred dollars ($500.) or imprisonment for a period not exceeding
ninety (90) days, or both.