(A) Provisions supplement general licensing ordinance. The provisions of this chapter are intended to augment and be in addition to the provisions of the general licensing ordinance of this city as set out in Chapter 110. Where this chapter imposes a greater restriction on persons, premises, businesses, or practices than is imposed by the general licensing ordinance of this city this chapter shall control.
(B) Established business requisite.
(1) Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license.
(2) Upon the death of a person doing business in this city his or her heirs, devisees, or legatees shall have the right to apply at any time for a license hereunder.
(C) Interval between sales. Any person who has held a sale as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license.
(D) Restricted location. Where a person applying for a license hereunder operates more than one place of business the license issued shall apply only to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
(E) Persons exempted. The provisions of this chapter shall not apply to or affect the following persons.
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.
(2) Persons acting in accordance with their powers and duties as public officials.
(3) Duly licensed auctioneers, selling at auction.
(4) Persons conducting a sale of the type regulated herein on the effective date of this chapter, unless the sale is continued for a period of more than two days from and after the effective date, in which event, the person, at the lapse of the two-day period, shall comply with the provisions of this chapter.
(5) Any publisher of a newspaper, magazine, or other publication, who publishes in good faith any advertisement, without knowledge of its false, deceptive, or misleading character, or without knowledge that the provision of this chapter has not been complied with.
(1980 Code, § 119.03) (Ord. 4221, passed 5-17-1982) Penalty, see § 119.99