For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means the license officer of the city;
means 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;
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: Adjusters, adjustment, alteration,
assignees, bankrupt, benefit of administrators, benefit of creditors,
benefit of trustees, building coming down, closing, creditor's
committee, creditor's end, executors, final days, forced out,
forced out of business, insolvents, last days, lease expires, liquidation,
loss of lease, mortgage sale, receiver's trustees, quitting
business;
means any goods, wares, merchandise or other property capable
of being the object of a sale regulated by this chapter;
means 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.
(Prior code § 12-1)
The provisions of this chapter are intended to augment and be
in addition to the provisions of the general licensing regulations
of the city. Where this chapter imposes a greater restriction upon
persons, premises, businesses or practices than is imposed by the
general licensing regulations of the city, this chapter shall control.
(Prior code § 12-2)
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)
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.
(Prior code § 12-3)
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:
(1)
Going-out-of-business
sale;
(2)
Removal
of business sale;
(3)
Fire
and other altered stock sale.
(Prior code § 12-4)
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 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 becomes part of the required application:
(A)
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)
Such inventory shall not include goods ordered in contemplation of
conducting a sale regulated by this chapter. Any unusual purchase
or additions to the stock of goods of the business within thirty days
before the filing of an application shall be deemed to be of such
character.
(Prior code § 12-5)
Any applicant for a license required by this chapter shall submit
to the license officer with his application a license fee of twenty-five
dollars or fifty percent of a regular business license, whichever
is greater.
Any applicant for a renewal license shall submit to the license
officer with his renewal application a renewal license fee of ten
dollars.
(Prior code § 12-6)
Any person who has held a sale regulated by this chapter at
the location stated in the application for a license within one year
prior to the date of such application shall not be granted a license.
Any person who has not been the owner of a business advertised
or described in the application for a license under this chapter for
a period of at least six months prior to the date of the proposed
sale shall not be granted a license.
(Prior code § 12-7)
Upon the death of a person doing business in the city, his heirs,
devisees or legatees shall have the right to apply at any time for
a license under this chapter.
(Prior code § 12-8)
Where a person applying for a license under this chapter operates
more than one place of business, the license issued shall apply only
to the one store or branch specified in the application for such license
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.
(Prior code § 12-9)
Any license issued pursuant to this chapter shall authorize
the sale described in the application for a period of not more than
sixty consecutive days, Sundays and legal holidays excluded, following
the issuance thereof.
(Prior code § 12-10)
Any license issued pursuant to this chapter shall authorize
only the type of sale described in the application at the location
named therein.
The license shall authorize only the sale of goods described
in the inventory attached to the application.
(Prior code § 12-11)
Any license issued pursuant to this chapter shall not be assignable
or transferable.
(Prior code § 12-12)
The license officer shall renew a license under this chapter
for one period of time only, such period to be in addition to the
sixty days permitted in the original license and not to exceed thirty
consecutive days, Sundays and holidays excluded, when he finds:
(1)
That
facts exist justifying the license renewal;
(2)
That
the licensee has filed an application for renewal;
(3)
That
the licensee has submitted with the application for a 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 purpose of this subsection any application for a license
under the provisions of this chapter covering any goods previously
inventoried as required shall be deemed to be an application for renewal,
whether presented by the original applicant, or by any other person.
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(Prior code § 12-13)
Upon being issued a license for 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.
(Prior code § 12-14)
A licensee under this chapter shall:
(1)
Adherence
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 the license;
(2)
Proper
Advertising. Refrain from employing any untrue, deceptive or misleading
advertising;
(3)
Adherence
to Advertising. Conduct the licensed sale in strict conformity with
any advertising or holding out incident thereto;
(4)
Duplicate
Inventory. Keep available at the place of sale a duplicate copy of
the inventory submitted with the application and present such duplicate
to inspecting officials upon request;
(5)
Segregation
of 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.
(Prior code § 12-15)
