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(A) No permit to conduct a sale as defined in this chapter shall be granted except upon written application to the City Treasurer at least 30 days before the sale is to commence, signed and verified before a person authorized to administer oaths, by the person who intends to conduct sale, or, in the case of a corporation, by an officer and the manager of the store, and each application shall set forth and contain the following:
(1) Street address and type of building where such sale is to be held;
(2) The nature of the occupancy, whether by ownership, lease or sublease, the effective date of the termination of such tenancy and the name of the owner;
(3) A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means or methods of advertising to be used in advertising such sale;
(4) The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage fore-closure, administration, receivership, trusteeship, removal, executorship removal, or other cause advertised to be the reason for the proposed sale;
(5) An inventory or statement, in such form and in such detail as the City Treasurer may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale, and when required by the City Treasurer the date of acquisition of such goods, wares or merchandise, and the persons from whom obtained and the place from which such goods were last taken.
(6) If the sale implies that the business is closing, a statement that the applicant intends to close and remove from the premises and the time when he intends to do so.
(B) The City Treasurer may require that all goods, wares and merchandise listed upon the inventory or statement shall be so described in detail by the manufacturer's name and lot number, the individual number of articles so numbered, colors, sizes and otherwise, that the identity of such goods with the goods listed on such inventory can be readily determined. The City Treasurer may require that each item listed on the inventory shall be tagged with a label or tag securely attached thereto, on which there is written or printed a number corresponding with that item on the inventory.
(C) Upon the filing of the application, the City Treasurer may make or cause to be made an examina-tion, audit or investigation of the applicant and his affairs in relation to the proposed sale.
(D) No permit shall be issued if any one or more of the following facts or circumstances are found to exist;
(1) That applicant was granted a license hereunder for a closeout type of sale within two years preceding the date of the filing of the application.
(2) That the inventory includes goods, wares, and 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 purpose of this division (D)(2), any unusual addition to the stock of such goods, wares and merchandise made within 60 days prior to the filing of such application shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling the same at such sale.
(3) The acquisition by applicant of a bankrupt stock of goods or similar merchandise lot from another area within six months of application.
(4) That any representation made in the application is false.
(5) That the applicant has not operated as a retail merchant at that location for at least one year prior to date of sale.
(6) That the inventory is incomplete.
(7) That the advertising set forth is false, fraudulent, deceptive or misleading in any respect.
(8) That the methods to be used by the applicant in conducting the sale are such as, in the opinion of the City Treasurer, will work a fraud upon the purchasers.
(9) The applicant or other persons connected with the sale are morally unfit or have been convicted of a crime involving moral turpitude.
(E) The City Treasurer may refuse a permit because of the insufficiency of the information set forth in the application, but in such event the City Treasurer shall grant the applicant permission to file an amended application.
(F) No application, however, shall be denied unless an opportunity for a hearing has been given to the applicant. Notice of the hearing shall be effected by personal delivery of the notice to the applicant or by depositing in the United States mail such notice, directed to the applicant at this address given in the application.
(G) No application for any such permit shall be accepted by the City Treasurer for filing unless accompanied by a nonrefundable filing fee in an amount established by City Council resolution. In addition, the applicant shall be charged for the investigation of the application, and any investigation during the sale at the actual cost of such investigation.
(H) Each permit issued under the provisions of this section shall be printed, written or stamped on the face thereof following: "This permit is granted by the City Treasurer and accepted by the permittee, its officers, agents and employees, upon the condition that such permittee shall comply with and abide by all the provisions of those sections in Chapter 5.12 of the Alhambra Municipal Code," with a line thereunder for signature by the permittee and a witness.
(I) At the time of delivery of the permit, such statement must be signed by the permitted or an officer or manager, in the presence of the City Treasurer or one of his or her deputies.
('86 Code, § 5.12.030) (Ord. 2818, passed - - ; Am. Ord. 3962, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)