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 an 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.
(Ord. No. 95-1, § 1, 2-8-95)
Prior to selling or offering to sell any goods at a sale to
be advertised or held out by any means to be a going-out-of-business
sale, a removal of business sale or a fire or other altered-stock
sale, a license must be obtained from the business license officer.
(Ord. No. 95-1, § 1, 2-8-95)
(a) A
person who has not been the owner of a business advertised or described
in the application for a license required by this chapter for a period
of at least six months prior to the due date of the proposed sale
shall not be eligible to apply to such license.
(b) 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
required by this chapter.
(Ord. No. 95-1, § 1, 2-8-95)
A person desiring to conduct a sale regulated by this chapter
shall make a written application to the city 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. Said inventory shall be attached
and become 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 hereunder. Any unusual purchase or additions
to the stock of goods of the business hereby affected within 30 days
before the filing of an application hereunder shall be deemed to be
of such character.
(Ord. No. 95-1, § 1, 2-8-95)
Any person who has held a sale subject to the provisions of
this chapter at the location stated in his application for a license
to conduct such sale within one year from the date of such application
shall not be granted a license to conduct another such sale.
(Ord. No. 95-1, § 1, 2-8-95)
Upon the issuance of a license for a going-out-of-business sale,
the licensee shall surrender all other business licenses applicable
to the location and goods covered by the application for a license
under this chapter.
(Ord. No. 95-1, § 1, 2-8-95)
A license issued pursuant to this chapter shall authorize the
sale described in the application for such license for a period of
not more than 60 consecutive days, following issuance thereof.
(Ord. No. 95-1, § 1, 2-8-95)
(a) An
applicant for a license required by this chapter shall submit with
his application a license fee of $50.
(b) An
applicant for the renewal of such license shall submit a renewal administrative
fee of $35.
(c) Such
license fees may be adjusted from time to time by resolution at the
city council.
(Ord. No. 95-1, § 1, 2-8-95)
The business license officer shall renew a license required
by this chapter for one period not to exceed 30 consecutive days upon
finding that:
(1) 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 remaining unsold and not listing any goods not included
in the original application and inventory.
(Ord. No. 95-1, § 1, 2-8-95)
A license issued in accordance with this chapter shall authorize
only the sale of goods described in the inventory attached to the
license application.
(Ord. No. 95-1, § 1, 2-8-95)
A license issued in accordance with this chapter shall authorize
only the one type of sale described in the application for such license
at the location named therein.
(Ord. No. 95-1, § 1, 2-8-95)
Where a person applying for a license required by 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;
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.
(Ord. No. 95-1, § 1, 2-8-95)
A license required by this chapter shall not be assignable or
transferable.
(Ord. No. 95-1, § 1, 2-8-95)
A person licensed in accordance with this chapter 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 his 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 license application and 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 the sale
and make such distinction clear to the public by placing tags on all
inventoried goods in and about the place of the sale apprising the
public of the status of all such goods.
(Ord. No. 95-1, § 1, 2-8-95)
No person engaged in the retail merchandise business shall conduct,
maintain, operate at retail or advertise any fake sale of goods, wares
or merchandise within the city.
(Ord. No. 95-1, § 1, 2-8-95)