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)
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)
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 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)