The following words and terms, as used in this article, shall be deemed to mean and be construed as follows:
LICENSE
A license issued pursuant to this article.
LICENSEE
Any person to whom a license has been issued pursuant to this article.
PUBLISHED, PUBLISHING, ADVERTISEMENT, ADVERTISING
Any and all means of conveying notice of a sale or notice of intention to conduct a sale to the public, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster or by radio announcement and any and all means oral, written or printed.
SALE
The sale or an offer to sell goods, wares and merchandise of any and all kinds and description on hand and in stock to the public in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a fire sale, adjustment sale, creditor's sale, trustee's sale, liquidation sale, reorganization sale, alteration sale, executor's sale, administration sale, insolvent sale, insurance salvage sale, mortgage sale, assignee's sale, adjustor's sale, receiver's sale, loss-of-lease sale, wholesaler's closeout sale, creditors' committee sale, forced-out-of-business sale, removal sale and any and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
No person shall hereafter publish, advertise, solicit for or conduct any sale of the type herein defined without a license therefor.
A. 
Execution; contents. The application for license shall be made to the Mayor upon forms to be supplied to said applicant for that purpose and shall contain a statement subscribed to under oath or affirmation by the person, member of the firm or officer of the corporation applying for such license, which statement shall contain the following information:
(1) 
A description of the place where such sale is to be held.
(2) 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
(3) 
The means to be employed in publishing such sale, together with the proposed language content in any advertisement.
(4) 
An itemized list of the goods, wares and merchandise to be offered for sale, the place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition.
(5) 
Such application shall contain any additional information as the Mayor may require.
B. 
Action upon application. Upon receipt of such application and payment of the fee hereinafter prescribed, the Chief of Police shall cause the same to be examined and investigated. If, after such investigation, the Mayor is satisfied as to the truth of the statement contained in such application as to the form and content in connection with such sale, he may then issue a license permitting the publication and conduct of such sale. Such a license shall be for a period not to exceed 30 days, except that upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of and no new stock has been added thereto, the Mayor may renew such license for an additional thirty-day period upon payment of the prescribed renewal fee.
[Amended 10-21-2024 by L.L. No. 1-2024]
A. 
Application. Such license may be renewed for an additional thirty-day period upon payment of the prescribed renewal fee and the filing of an application therefor with the Mayor upon forms to be supplied to said applicant for such renewal and containing a statement subscribed to under oath or affirmation by the person, member of the firm or officer of the corporation applying for such renewal, which statement shall contain the following information:
(1) 
An itemized list of the goods, wares and merchandise remaining out of the stock listed in the original application which remains unsold.
(2) 
A statement that no additional merchandise is being offered for sale.
B. 
Action upon application. Upon receipt of such renewal application and payment of the fee hereinafter prescribed, the Chief of Police shall cause the same to be examined and investigated. If, after such investigation and report, the Mayor is satisfied as to the truth of the statement contained in such renewal application, he may then issue a renewal license for an additional thirty-day period.
[Amended 10-21-2024 by L.L. No. 1-2024]
[Amended 10-21-2024 by L.L. No. 1-2024]
Upon filing an original application or a renewal application for a license to advertise and conduct a sale or special sale as hereinbefore defined, the applicant shall pay a license fee as set from time to time by resolution of the Board of Trustees.
[Amended 10-21-2024 by L.L. No. 1-2024]
Upon commencement of any sale as hereinbefore defined, the license issued shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list, pursuant to which such license was issued, shall at all times be available to the Chief of Police or his representative, and the licensee shall permit an inspection of all merchandise in the premises. Suitable books and records shall be kept by the licensee and shall be available for inspection at all times. In the course of business each day, the stock list attached to the application shall be revised, and those goods disposed of during such day shall be so removed therefrom, and no goods shall be added to said list.
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 powers and duties as public officers, such as sheriffs and constables.
C. 
Persons conducting bankruptcy sales.