For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Advertise", "advertisement", "publish", and "publication"
shall mean all means used, whether oral, written, lettered, or printed, for conveying to the public notice of the conduct of a sale, as defined in subsection (f) of this section, or notice of the intention to conduct such sale, including, but not limited to, oral and written announcements by proclamation or outcry, newspaper advertisements, handbills, written or printed notices, printed displays, billboard displays, posters, and radio and television announcements.
"Inspector"
shall mean a representative of the Police Department designated by the Finance Director.
"Permit"
shall mean a permit issued pursuant to the provisions of this article.
"Permittee"
shall mean any person to whom a permit has been issued pursuant to the provisions of this article.
"Person"
shall mean and include any person, firm, partnership, society, joint stock company, association, corporation, estate, receiver, trustee, or any other person acting in a fiduciary capacity.
"Sale"
shall mean and include any of the following:
(1) 
Any sale of, or any offer to sell to the public, or any group thereof, goods, wares, or merchandise on order, in transit, or in stock in connection with a declared purpose as set forth by advertising 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;
(2) 
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 that portion thereof, being conducted at any location will cease, be removed, discontinued, or changed;
(3) 
All sales advertised to be an "Adjuster's Sale," "Adjustment Sale," "Assignee's Sale," "Bankrupt Sale," "Benefit of Administrator's Sale," "Benefit of Creditor's Sale," "Benefit of Trustee's Sale," "Building Coming Down Sale," "Closing-Out Sale," "Creditor's Committee Sale," "Damaged Goods Sale," "End Sale," "Executor's Sale," "Final Days Sale," "Fire Sale," "Fixtures for Sale," "Forced Out Sale," "Forced Out of Business Sale," "Insolvent Sale," "Insurance Salvage Sale," "Liquidation Sale," "Loss of Lease Sale," "Mortgage Sale," "Outselling Sale," "Quitting Business Sale," "Receiver's Sale," "Removal Sale," "Reorganization Sale," "Salvage Sale," "Selling Out Sale," "Smoke Sale," "Smoke and Water Sale," "Smoke Damaged Sale," "Trustee's Sale," "We Give Up Sale," "We Quit Sale," "Wholesale ClosingOut Sale," and sales advertised by any other expression or characterization closely similar to any of such sales and calculated to convey substantially the same meaning;
(4) 
All sales advertised in a manner calculated to indicate that the goods, wares, or merchandise to be sold, or any part thereof, has been involved in any business failure or has been derived from any business which has failed or has been closed out, discontinued, or liquidated;
(5) 
All sales accompanied by notices or advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and
(6) 
All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods to be disposed of.
(§ 1, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
It shall be unlawful for any person to conduct any sale of the type defined in subsection (f) of Section 3-1.1101 of this article without first obtaining a permit so to do from the Finance Director in the manner provided in this article.
(§ 3, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
Any person desiring to conduct any sale as defined in this article shall make a written application to the Finance Director. Such application shall be signed and verified by the applicant before a person authorized to administer oaths, and each such application shall set forth the following information:
(a) 
The true name of the applicant and his or her business and residence addresses and, if the application is made by a firm, partnership, association, or corporation, the names and addresses of the partners or the officers thereof;
(b) 
The true name and business and residence addresses of the owner of the goods, wares, or merchandise to be the object of the sale and the name of the person conducting the sale, if such person is other than the true owner, and his or her business and residence addresses;
(c) 
A description of the location at which such sale is to be held by street location, address, and type of building;
(d) 
The nature of the occupancy of the location in question, whether by ownership, lease, or sublease, and if by lease or sublease, the effective date of the termination of such tenancy and the name and business addresses of the lessor or sublessor;
(e) 
A full and complete statement of the facts in regard to the insurance, bankruptcy, liquidation, mortgaging, insolvency, assignment, administration, receivership, trusteeship, removal, or other cause by reason of which such sale is to be conducted, or in regard to the closing out of the stock of goods, wares, or merchandise, or any particular line or part thereof, with a full and complete statement as to the reason for such closing out, or in regard to the injury caused to such goods, wares, or merchandise by fire, smoke, water, or otherwise, and any and all pertinent facts in regard to the sale which the applicant proposes to conduct and the place and manner of conducting the same; and if the applicant proposes to conduct a removal sale, the date and place to which the goods, wares, or merchandise is to be removed and the name and address of the owner of such premises to which the goods, wares, or merchandise is to be removed shall be fully set forth;
(f) 
A complete and detailed inventory of the goods, wares, or merchandise to be sold at such sale and a statement of the names of the persons from whom the goods, wares, or merchandise so to be sold was obtained, the date of the delivery of such goods, wares, or merchandise to the applicant, and the place from which such goods, wares, or merchandise was last taken, and all details necessary to fully identify the goods, wares, or merchandise so to be sold; provided, however, all goods, wares, or merchandise 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, wares, or merchandise purchased on consignment;
(g) 
An agreement by the applicant that a copy of all advertising proposed to be used by the applicant in connection with such sale will be filed with the Finance Director prior to its use in the conduct of such sale;
(h) 
An agreement that the applicant will deposit with the Finance Director daily, before conducting the sale, the sum of $15 to cover the fee of the inspector; and
(i) 
The dates upon or during which the proposed sale is to be conducted.
(§ 4, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
Upon the filing of the application, the Finance Director shall make or cause to be made an examination, audit, or investigation of the applicant, his or her affairs, and all the facts contained in such application in relation to the proposed sale.
(§ 6, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
Such application shall be denied by the Finance Director if any one or more of the following facts or circumstances are found by him or her to exist:
(a) 
That the inventory contains goods, wares, or merchandise not purchased by the applicant for resale on bona fide orders without cancellation privileges;
(b) 
That the inventory contains goods, wares, or merchandise purchased by the applicant on consignment;
(c) 
That the applicant, either directly or indirectly, within one year prior to the date of the filing of the application, has conducted a sale in which he or she advertised that the entire business conducted at the particular location was to be removed, closed out, or terminated;
(d) 
That the applicant was granted a prior permit pursuant to the provisions of this article within one year preceding the date of the filing of the application, which prior permit was based upon an application setting forth that the entire business conducted at a particular location was to be removed, closed out, or terminated;
(e) 
That the applicant has been convicted of a violation of the provisions of this section;
(f) 
That the goods, wares, or merchandise described in the inventory was transferred or assigned to the applicant prior to the date of the filing of the application and that such transfer or assignment was not made for a valuable and adequate consideration; and
(g) 
That the inventory contains goods, wares, or merchandise purchased by the applicant or added to his or her stock in contemplation of such sale and for the purpose of selling the same at such sale. For the purposes of this subsection, any unusual purchase or additions to the stock of such goods, wares, or merchandise made within 60 days prior to the date of the filing of such application shall be presumptive evidence that such purchase or additions were made in contemplation of such sale and for the purpose of selling the same at such sale; provided, however, the provisions of this subsection shall not apply to any applicant regularly engaged in business at the location described who does not contemplate the closing out of his or her entire business at such location but proposes to sell such goods, wares, or merchandise in the regular course of his or her business, advertising the source of such goods, wares, or merchandise and keeping the same separate and apart from other goods, wares, or merchandise in such location.
(§ 6, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
(a) 
Issuance. Upon a determination by the Finance Director that all the statements in the application for a permit are true, that the proposed sale is of the character as represented in such application, that the advertising or conduct of such sale will not be injurious to the peace, health, safety, and welfare of the people of the City, and that the application is in full compliance with the terms and conditions of this section, the Finance Director shall issue a revocable numbered permit to the applicant authorizing him or her to advertise and conduct the sale as described in such application.
(b) 
Conditions. Such permit shall be issued on the following terms and conditions:
(1) 
The permit shall authorize the one type of sale named and described in the application therefor at the place named therein and by the particular permittee for a period of not more than 30 calendar days following the issuance of such permit.
(2) 
The sale authorized by the permit shall be limited to the sale of the goods, wares, or merchandise described in the inventory attached to the application.
(3) 
All the goods, wares, or merchandise described in such inventory shall, for the duration of such sale, be definitely separated and distinguishable from any other goods, wares, or merchandise displayed at or within the store or place of business, and all advertising in connection with such sale shall be strictly in accordance with the purpose of the sale and shall be the same as the copy of such advertising filed with the Finance Director pursuant to the agreement provided in the application.
(4) 
Upon the commencement of the sale, and for its duration, the permit shall be prominently displayed in the store premises, and a duplicate original of the application and stock list pursuant to which such permit was issued shall at all times be available to the Finance Director in the store premises. The permittee shall permit the Finance Director to examine all goods, wares, or merchandise in the premises at any time during such sale for comparison with such stock list.
(5) 
Suitable books and records shall be kept by the permittee in the store premises for the duration of the sale. At the end of each 15 day period after the date of the issuance of the permit, the permittee shall revise his or her inventory and show the items then remaining unsold or shall cause a new inventory to be taken of such remaining goods. All such books, records, and inventories shall be available to the Finance Director for their inspection at all reasonable times during business hours.
(c) 
Violation of conditions. The violation of any of the conditions of such permit as set forth in subsection (b) of this section shall be unlawful and shall render such permit void, and each sale of goods, wares, or merchandise which was not inventoried or described in the original application shall constitute a separate offense.
(d) 
Nonexemption of permittee from licensing and other provisions. The issuance of a permit pursuant to the provisions of this article shall not exempt the permittee, notwithstanding any provision of this chapter or any other law of the City making any section thereof inapplicable, from the provisions of this chapter or any law of the City requiring a permit or license or the payment of a fee or license tax.
(§ 7, Ord. 1160, as amended by § II, Ord. 1165, § 14, Ord. 1160, and § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
The Finance Director may, upon a verified application, renew a permit issued pursuant to the provisions of this article for a further period of not to exceed 30 calendar days upon the payment of a renewal fee in the amount of $25, no part of which shall be refundable. Such verified application for a renewal shall set forth a complete list of the goods, wares, or merchandise listed in the inventory attached to the original application and remaining unsold and shall not contain any goods, wares, or merchandise not included in such original application. Upon the receipt of such application for a renewal, the Finance Director shall cause an investigation to be made, and if satisfied that the statements contained in such application for a renewal are true, the Finance Director shall grant the renewal permit for such additional period not to exceed 30 calendar days upon the terms and conditions upon which the original application was granted.
(§ 9, Ord. 1160, as amended by § III, Ord. 1165, and § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
Upon a written complaint filed with the Finance Director, or upon his or her own initiative, the Finance Director shall revoke any permit granted in accordance with the provisions of this article when, upon investigation, he or she shall determine that any sale is being conducted in violation of the provisions of this article or the rules and regulations made pursuant to the provisions of Section 3-1.1112 of this article or if he or she shall find as follows:
(a) 
The permittee has made any material misstatement in his or her application for such permit;
(b) 
The permittee has been guilty of any fraudulent practice in the conduct of the sale authorized by such permit;
(c) 
The permittee has failed to include in the inventory required by the provisions of this article the goods, wares, or merchandise required to be contained in such inventory;
(d) 
The permittee has added, caused to be added, or permitted to be added any goods, wares, or merchandise not described in the original inventory;
(e) 
The permittee has violated any of the laws of the State or the City pertaining to advertising; or
(f) 
The permittee has failed to deposit with the Finance Director the inspector's fee in the amount of $15 daily before conducting the sale.
(§ 8, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
If the Finance Director shall deny an application for a permit or an application for the renewal of a permit or shall revoke a permit already issued, the applicant may appeal to the Council. The Council, after a notice and hearing, shall render its decision which shall be final.
(§ 10, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
It shall be unlawful to indicate in any advertising, either directly or indirectly, that such sale is held with the approval of the Finance Director. Such advertising shall contain a statement in the following words, and no others:
"Sale held pursuant to Permit No. ______ of the Police Department granted on the ________ day of _________" and in the blank spaces the permit number and the requisite dates shall be indicated.
(§ 12, Ord. 1160, as amended by § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
The Finance Director is hereby authorized to supervise and regulate sales as defined in subsection (f) of Section 3-1.1101 of this article.
The Finance Director is hereby empowered to make such further rules and regulations for the conduct and advertisement of such sales as he or she may deem necessary for the proper and efficient enforcement of the provisions of this article.
(§ 2, Ord. 1160, and § 7, Ord. 1160, as amended by § II, Ord. 1165, and § 2 (12), Ord. 624-NS, eff. Dec. 15, 1999)
The provisions of this article shall not apply to or affect the following persons:
(a) 
Persons acting pursuant to an order or process of a court of competent jurisdiction;
(b) 
Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals;
(c) 
(Repealed by Sec. 1, Ord. 59-NS, eff. July 21, 1971);
(d) 
Any publisher of a newspaper, magazine, or other publication who publishes any advertisement of a sale in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this article have not been complied with; and
(e) 
Owners and operators of radio and television broadcasting stations who broadcast any advertisement of a sale in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this article have not been complied with.
(§ 13, Ord. 1160, as amended by § 1, Ord. 59-NS, eff. July 21, 1971)