(A) Any person desiring to conduct a distress merchandise sale shall make a written application to the Fiscal Officer at least five days prior to the date on which such sale is to commence, on forms furnished by the Fiscal Officer and verified by the applicant before a person authorized to administer oaths. In cases where due to circumstances beyond the control of the applicant, other than economic reverses, application cannot be made five days prior to commencement of the sale, the Fiscal Officer shall waive the five days requirement.
(B) Each application shall contain the following information, and such other information the Fiscal Officer may deem necessary:
(1) The name and address of the owner of the goods, wares or merchandise to be sold;
(2) A description of the place where such sale is to be held;
(3) The nature of the occupancy of the place where such sale is to be held, whether by lease or otherwise, and the effective date of termination of such occupancy;
(4) A full and complete statement of the facts regarding the distress merchandise sale, including the reason why such sale is being conducted, the manner in which such sale will be conducted, and the commencement and termination date of such sale; and
(5) A complete and detailed inventory of the goods, wares and merchandise to be offered at such sale as disclosed by applicant’s records or a statement of both the cost and retail value of the inventory of goods, wares and merchandise to be offered at such sale based on the physical inventory used for applicant’s most recent federal income tax return adjusted for sales, purchases and mark-downs. Adjustments for sales, purchases and mark-downs shall be shown on a monthly basis to the date of the application. In addition, there shall be shown as separate items in either form of inventory the retail value of all goods, wares and merchandise the applicant has on consignment which will be offered for sale and the cost and retail value of all goods, wares and merchandise on back order.
(C) The filing of an application for a license, the contents of such application and the issuance of a license shall be confidential information and no disclosure thereof shall be made except such as may be necessary in the administration of the provisions of this chapter. However, any disclosure may be made with the consent of the applicant and the filing of an application and the issuance of a license shall not be considered confidential after public notice has been given of the proposed sale. Disclosures made contrary to the provisions of this section shall be subject to the penalty provided in § 112.99.
(1997 Code, § 112.03) (Ord. 403, passed 6-6-1961) Penalty, see § 112.99