[Ord. 149, 8-1-1983]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The City of Lincoln, Logan County, Illinois.
The City Clerk of the City of Lincoln.
A sale held out in such a manner as to reasonably cause the
public to believe that the sale will offer goods damaged or altered
by fire, smoke, water or other means.
A sale held out in such a manner as to reasonably cause the
public to believe that upon the disposal of the stock of goods on
hand, the business will cease and be discontinued, including, but
not limited to, the following sales: adjuster's, adjustment,
alteration, assignee's, bankrupt, benefit of Administrator's,
benefit of creditors', benefit of trustees, building coming down,
closing, creditor's committee, creditor's, end, executor's,
final days, forced out, forced out of business, insolvents',
last days, lease expires, liquidation, loss of lease, mortgage sale,
receiver's, trustee's, quitting business, fire sale.
Includes any goods, wares, merchandise or other property
capable of being the object of a sale regulated hereunder.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A sale held out in such a manner as to reasonably cause the
public to believe that the person conducting the sale will cease and
discontinue business at the place of sale upon disposal of the stock
of goods on hand and will then move to and resume business at a new
location in the City or will then continue business from other existing
locations in the City.
[Ord. 149, 8-1-1983]
A license issued by the City license officer shall be obtained
by any person before selling, or offering to sell, any goods at a
sale to be advertised or held out by any means to be one of the following
kinds:
[Ord. 149, 8-1-1983]
(A)
Provisions Supplement General Licensing Ordinances: The provisions
of this chapter are intended to augment and be in addition to the
provisions of any other licensing ordinance of this City. Where this
chapter imposes a greater restriction upon persons, premises, businesses
or practices than is imposed by such other licensing ordinances of
this City, this chapter shall control.
(B)
Establishing Business Requisite: Any person who has not been the
owner of a business advertised or described in the application for
a license hereunder for a period of at least 12 months prior to the
date of the proposed sale shall not be granted a license.
1.
Exception For Survivors Of Businessmen: Upon the death of a person
doing business in this City, his or her legal representatives, heirs,
advisees or legatees shall have the right to apply at any time for
a license hereunder.
(C)
Interval Between Sales: Any person who has held a sale, as regulated
hereunder, at the location stated in the application, within one year
last past from the date of such application shall not be granted a
license.
(D)
Restricted Location: Where a person applying for a license hereunder
operates more than one place of business, the license issued shall
apply only to the one store, or branch specified in the application,
and no other store or branch shall advertise or represent that it
is cooperating with it, or in any way participating in the licensed
sale, nor shall the store or branch conducting the licensed sale advertise
or represent that any other store or branch is cooperating with it
or participating in any way in the licensed sale.
(E)
Persons Exempted: The provisions of this chapter shall not apply
to, or affect, the following persons:
1.
Persons acting pursuant to an order or process of a court of competent
jurisdiction.
2.
Persons acting in accordance with their powers and duties as public
officials.
3.
Duly licensed auctioneers, selling at auction.
4.
Persons conducting a sale of the type regulated herein on the effective
date of this chapter, unless such sale is continued for a period of
more than 60 days from and after such effective date, in which event
such person, at the lapse of said sixty-day period, shall comply with
the provisions of this chapter.
5.
Any publisher of a newspaper, magazine or other publication, who
publishes in good faith any advertisement, without knowledge of its
false, deceptive or misleading character, or without knowledge that
the provisions of this chapter have not been complied with.
[Ord. 149, 8-1-1983]
(A)
Written Information Required: A person desiring to conduct a sale
regulated by this chapter shall make a written application to the
license officer setting forth and containing the following information:
1.
The true name and address of the owner of the goods to be the object
of the sale.
2.
The true name and address of the person from whom he purchased the
goods to be sold and the price therefor, and if not purchased, the
manner of such acquisition.
3.
A description of the place where such sale is to be held.
4.
The nature of the occupancy, whether by lease or sublease, and the
effective date of termination of such occupancy.
5.
The dates of the period of time in which the sale is to be conducted.
6.
A full and complete statement of the facts in regard to the sale,
including the reason for the urgent and expeditious disposal of goods
thereby and the manner in which the sale will be conducted.
7.
The means to be employed in advertising such sale together with the
proposed content of any advertisement.
8.
A complete and detailed inventory of the goods to be sold at such
sale as disclosed by the applicant's records. Such inventory
shall be attached to and become part of the required application.
(a)
Bona Fide Orders: All goods included in such inventory shall
have been purchased by the applicant for resale on bona fide orders
without cancellation privileges and shall not comprise goods purchased
on consignment.
(b)
Goods Purchased For Sale Hereunder: Such inventory shall not
include goods ordered in contemplation of conducting a sale regulated
hereunder. Any unusual purchase, or additions to the stock of goods
of the business hereby affected within 60 days before the filing of
an application hereunder shall be deemed to be of such character.
(B)
License Fee; Renewal: Any applicant for a license hereunder shall
submit to the license officer with his application a license fee of
$250. Any applicant for a renewal license hereunder shall submit to
the license officer with his renewal application a renewal license
fee of $125.
[Ord. 149, 8-1-1983]
(A)
A license shall be issued hereunder on the following terms:
1.
Licensing Period: The license shall authorize the sale described
in the application for a period of not more than 60 consecutive days,
Sundays and legal holidays excluded, following the issuance thereof.
(a)
Renewal Procedure: The license officer shall renew a license
for one period of time only, such period to be in addition to the
60 days permitted in the original license and not to exceed 30 consecutive
days, Sundays and holidays excluded, when he finds:
(1)
The facts exist justifying the license renewal.
(2)
The licensee has filed an application for renewal.
(3)
The licensee has submitted with the application for renewal
a revised inventory showing the items listed on the original inventory
remaining unsold and not listing any goods not included in the original
application and inventory.
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For the purposes of this subsection, any application for a license
under the provisions of this chapter covering any goods previously
inventoried as required hereunder, shall be deemed to be an application
for renewal, whether presented by the original applicant, or by any
other person.
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2.
Nature Of Sale: The license shall authorize only the one type of
sale described in the application at the location named therein.
3.
Saleable Goods: The license shall authorize only the sale of goods
described in the inventory attached to the application.
4.
Surrender Of General License: Upon being issued a license hereunder
for a going out of business sale, the licensee shall surrender to
the license officer all other business licenses he may hold at that
time applicable to the location and goods covered by the application
for a license under this chapter.
5.
Nontransferability: Any license herein provided for shall not be
assignable or transferable.
[Ord. 149, 8-1-1983]
(A)
A licensee hereunder shall:
1.
Adhere To Inventory: Make no additions whatsoever, during the period
of the licensed sale, to the stock of goods set forth in the inventory
attached to the application for license.
2.
Advertise Properly: Refrain from employing any untrue, deceptive
or misleading advertising.
3.
Adhere To Advertising: Conduct the licensed sale in strict conformity
with any advertising or holding out incident thereto.
4.
Keep Duplicate Inventory: Keep available at the place of sale a duplicate
copy of the inventory submitted with the application and shall present
such duplicate to inspecting officials upon request.
5.
Segregate Noninventoried Goods: Keep any other goods separate and
apart from the goods listed in the filed inventory as being objects
of sale and shall make such distinction clear to the public by placing
tags on all inventoried goods in and about the place of sale apprising
the public of the status of all such goods.
