No person shall advertise, imply or hold out by any method that
any sale of goods, wares or merchandise is a removal or going-out-of-business
sale unless a license is first obtained from the Town Clerk to conduct
such sale.
Any applicant for a license required by this chapter shall state
upon his application the true name of the owner of the goods to be
offered for sale, the name of the operator of the sale and the address
where such sale is to be held. The applicant shall exhibit to the
Town Clerk at the time of such application a receipt or other evidence
showing payment in full of all taxes or assessments due the town on
the goods to be sold at the sale for which the application is made.
[Amended 5-19-65]
A license fee in accordance with the following schedule shall
be paid to the Town Clerk upon the issuance of any license under the
provisions of this chapter, and such fee shall cover the conduct of
any such removal or going-out-of-business sale for a period not exceeding
60 days, and there shall be no renewal or extension of any such license:
for a 15 day license period, $25; for a 30 day license period, $50;
for a 60 day license period, $75. In addition a fee of $1 for each
$1,000 of stated inventory shall be paid.
Only such goods, wares or merchandise which were in the possession
of the applicant for the license required in this chapter, and which
were actually on the premises where the sale is to take place at the
time of the application for the license shall be sold at a removal
or going-out-of-business sale.
The provisions of this chapter shall not apply to sales conducted
by sheriffs, constables or other public or court officials or to any
other person acting under the directions of any authority or court,
state or federal, selling goods, wares or merchandise in the course
of his official duties, nor to any other person covered by any other
provision of this code.
Any person who shall willfully violate any provision of this
chapter shall be punished as provided in this Code. A second conviction shall cancel the license of any person
so convicted and no license shall be issued to any such offender for
six months after such conviction.