The following words and terms, as used in this article, shall be deemed
to mean and be construed as follows:
A license issued pursuant to this article.
Any person to whom a license has been issued pursuant to this article.
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.
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 Chairman of the Board of
Police Commissioners 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.
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:
B.
Action upon application. Upon receipt of such renewal
application and payment of the fee hereinafter prescribed, the Chairman of
the Board of Police Commissioners 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.
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 of $25.
The Mayor shall have the power to suspend and revoke any license or
renewal thereof granted in accordance with this article at any time.
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 Chairman of the Board of
Police Commissioners 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:
