"Liquidation sale" means any sale of or any offer to sell to the public or to any group or member thereof, goods on order, in transit or in stock in connection with a declared purpose as set forth by advertising of any character, that such sale is anticipatory of or to avoid the termination, liquidation, revision, windup, discontinuance, removal, conclusion, dissolution or abandonment of the business or that portion of the business conducted at any location or any department of the business; and all sales advertised in any manner calculated to convey to the public the information or belief that upon the disposal of the goods to be placed on sale, the business, or any department thereof, or that portion thereof being conducted at any location, will cease, be removed, discontinued or changed; and all sales advertised in any manner to be adjustor's sales, adjustment sales, assignee's sales, bankrupt sales, benefit of administrator's sales, benefit of creditor's sales, benefit of trustee's sales, building coming down sales, closing-out sales, creditor's committee sales, damaged good sales, end sales, executor's sales, final days sales, fire sales, forced-out sales, forced out of business sales, forced sales, insolvent sales, insurance sales, insurance salvage sales, salvage sales, liquidation sales, loss of lease sales, mortgage sales, out-going sales, removal sales, reorganization sales, receiver's sales, selling-out sales, smoke sales, smoke-damaged sales, smoke and water sales, trustee's sales, quitting business sales, wholesale closing-out sales, "we quit" sales, "we give up" sales, "fixtures for sale" sales, distress sales, or any sale advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey substantially the same meaning; and all sales advertised in a manner calculated to indicate that the goods to be sold, or any part thereof, have been involved in any business which has failed, been closed out, discontinued or liquidated; and all sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and all sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods proposed to be disposed of; but shall not include auctions regulated by Chapter 5.24.
(Prior code § 6-1500)
Every person engaging in a liquidation sale shall pay a license fee of five dollars per day, except businesses established in the city for more than one year shall be exempt from payment of any fee.
(Prior code § 6-1501)
No person shall engage in a liquidation sale without a permit to do so from the director of licensing and code enforcement.
(Prior code § 6-1502.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
Applications for such permit shall be under oath, shall be filed with the director of licensing and code enforcement not less than thirty days prior to the proposed liquidation sales, and shall contain, in addition to the information required by Section 5.06.020 of this code:
A. 
All facts regarding the nature and purpose of the liquidation sale;
B. 
A complete inventory of the goods proposed to be sold, in sufficient detail to identify each item shown thereon by label, date of purchase and date of delivery or person from whom obtained; the inventory shall also show which items were purchased or received during the period of thirty days immediately preceding the date of the application for permit and shall show each item ordered but not yet delivered and the purchase price of each such item, from whom ordered, and the expected date of delivery;
C. 
The period of time over which the proposed liquidation sale is to continue;
D. 
Such other information as the city may require.
(Prior code § 6-1503.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
Upon receipt of an application for permit to engage in a liquidation sale, the director of licensing and code enforcement shall refer the same to the chief of police for investigation and report.
(Prior code § 6-1504.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
No permit shall be granted to applicant if:
A. 
Goods to be sold in such sale shall have been purchased or shall have been received by the applicant during the period of thirty days immediately preceding the application for a permit; or
B. 
If the applicant has had such a permit revoked within the six preceding months.
(Prior code § 6-1505)
Permits to engage in liquidation sales shall not be granted for periods exceeding thirty days, including Sundays and holidays; provided, however, that if it shall be made to appear, upon sworn application to the director of licensing and code enforcement at any time during said period of thirty days, that all the goods described and inventoried in the original application have not been sold, accompanied by an inventory or statement of what remains thereof, a permit supplemental to that provided for may be issued by the director of licensing and code enforcement upon the same terms and conditions as the original permit, granting authority to continue such sale for a further period of thirty days.
(Prior code § 6-1506.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)
Permits to engage in liquidation sales, if granted, shall be valid only for the sale of those items listed in the inventory accompanying the application therefor.
(Prior code § 6-1507)
In addition to the grounds for revocation contained in Section 5.16.020 of this code, any permit to engage in a liquidation sale may be revoked if the permittee:
A. 
Receives any additional goods during such sale not shown upon the inventory; or
B. 
Is guilty of unfair practice or unfair dealing in the conduct of such sale, or is perpetrating a fraud upon the public.
(Prior code § 6-1508)
It is unlawful for any person to advertise, represent or hold out by any and all means, whether oral, written, lettered or printed, to the public or to any individual thereof, or to any group thereof, information concerning any liquidation sale which is false or misleading.
(Prior code § 6-1510)
This chapter shall not apply to any officer of the court, constable or sheriff, or to any person acting under the direction or order of any court provided by law in this state.
(Prior code § 6-1511)