(a) Provisions Supplement General Licensing Ordinance. The provisions of this chapter are intended to augment and be in addition to the provisions of any general licensing ordinance or other ordinance of this City, now or hereafter enacted. Where this chapter imposes a greater restriction upon persons, premises, business or practices than is imposed by any other ordinance of this City, this chapter shall control.
(b) Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a permit required by the provisions of this chapter for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a permit, except that upon the death of a person doing business in this City, his heirs, devisees or legatees shall have the right to apply for a permit hereunder to sell, at the business location of such deceased person, goods owned by such person at the time of death.
(c) Interval Between Sales. Any person who has held a sale as regulated by this chapter at the location stated in the application, within eighteen (18) months last past from the date of such application, or within six (6) months at any other location in the City, shall not be granted a permit.
(d) Restricted Location. Where a person applying for a permit hereunder operates more than one (1) place of business, the permit issued shall apply only to the one (1) 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 authorized sale, nor shall the store or branch conducting the authorized sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the authorized 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 at a sale which does not exceed one (1) day;
(4) 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 provisions of this chapter have not been complied with.
(Ord. 67-1962. Passed 12-3-62.)