[Prior ordinance history; prior code §§ 6-1 — 6-6, 6-8 — 6-10 and Ordinance Nos. 81-620 and 82-158.]
[Ord. 2012-332 (part)]
No person shall sell or offer to sell any goods at retail at a sale advertised, held out or conducted as a going out of business sale, fire or water damage sale or bankrupt sale without first having obtained a license from the City.
[Ord. 2012-332 (part)]
A person desiring to conduct a sale regulated by this section shall make written application setting forth the following information:
A. 
The name and address of the owner of the goods to be sold;
B. 
The name and address of any person who has contracted to conduct the sale on behalf of the owner;
C. 
The address of the location where the sale is to be held;
D. 
The nature of the owner's occupancy of the premises;
E. 
The period of time during which the proposed sale is to be conducted;
F. 
A statement of the facts regarding the sale including, as applicable: the date of the fire/water damage, the reason for going out of business, the name of the court and caption of the bankruptcy including a copy of any order authorizing the sale;
G. 
Any other information the finance director deems appropriate.
[Ord. 2012-332 (part)]
A. 
The license shall authorize the sale described in the application for not less than one nor more than three periods of not more than 30 consecutive days in each period. The initial period shall commence on and include the date the license is issued.
B. 
The licensee may advertise its sale by print ads, radio or television ads, and on-premises advertising signs, but shall not employ or use any off-site signage to advertise or provide notice of the sale. Any off-site signs are subject to immediate removal and destruction.
C. 
The closing out business license shall be posted in a prominent place upon the premises where the sale is conducted.
D. 
Iowa Code §§ 714.16((2)(g) is by this reference incorporated as if fully set forth herein. Any person violating the provisions set forth in §§ 714.16(2)(g) is liable for a civil penalty not to exceed $1,000 for each day that the violation exists. The civil penalties collected shall be deposited in the general fund of the City if the City prosecutes the violation. The civil penalty is in addition to and not in lieu of any criminal penalty. Pursuant to Iowa Code §§ 714.16(2)(g), the City may obtain a preliminary injunction without posing a bond to enjoin a violation of §§ 714.16(2)(c) or (g) pending a hearing.
[Ord. 2012-332 (part)]
The provisions of this chapter apply, but no licensing fee shall be charged, to a person acting pursuant to an order of a court of competent jurisdiction, persons acting in accordance with their powers and duties as public officials or auctioneers selling at public auction.