5.48.100: UNLAWFUL SALES; EACH SALE A SEPARATE OFFENSE:

Each sale of fire and damaged goods made without a permit, or of items not included in the original inventory and designated therein as the subject of such sale, shall constitute a separate offense under this chapter. (1999 Code)

5.48.110: LIQUIDATION TYPE SALES; DEFINITIONS:

PUBLISH, PUBLISHING, ADVERTISEMENT AND ADVERTISING: Any and all means of conveying to the public notice of sale, or notice of intention to conduct a sale.

SALE: A. Any sale of, or any offer to sell to the public or any group, goods, wares or merchandise on order, in transit, or in stock, in connection with a declared purpose, as set forth by advertising that such sale is anticipatory to or for the purpose of termination, liquidation, revision, windup, anticipatory removal, dissolution or abandonment of the business or that portion of the business conducted at any location; and

   B.   All sales advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale, the business or that portion thereof being conducted at any location will cease, be removed, interrupted, discontinued or changed; and

   C.   All sales advertised to be "adjustor's sale", "assignee's sale", "administrator's sale", "going out of business sale", "insurance salvage sale", "last days sale", "lease expires sale", "liquidation sale", "reorganization sale", "removal sale", "quitting business sale", "we quit sale", "wholesale closing out sale", "fixtures for sale", or advertised by any other expression or characterization or phrase of similar language that would reasonably convey to the public that the sale is being conducted as a result of such occurrences as enumerated above, which are not intended to be all inclusive but refer to type or class of sales. (1999 Code)

5.48.120: LICENSE REQUIRED:

It is unlawful for any person to publish or conduct any "sale", as defined in this chapter, without first obtaining a license to do so. This license shall be in addition to any other license which may be required by any other ordinances. (1999 Code)

5.48.130: EXEMPTIONS FROM CHAPTER PROVISIONS:

The following persons shall be exempt from the scope and operation of this chapter:

   A.   Persons acting pursuant to an order or process of a court of competent jurisdiction; or

   B.   Persons acting in accordance with their powers and duties as public officers, such as the sheriff. (1999 Code)

5.48.140: LICENSE APPLICATION:

Application for such license shall be in writing, executed by the applicant under oath, and shall contain the following information:

   A.   Type of sale to be conducted and reason for conducting such sale;

   B.   A description of the place where such sale is to be held;

   C.   An itemized list of the goods, wares and merchandise to be offered for sale, including those on order and not received;

   D.   Where and from whom such stock was purchased or acquired, and, if not purchased, the manner of such acquisition; and

   E.   Any additional information that the license official may require. (1999 Code)

5.48.150: LICENSE FEE:

The fee for the license required by section 5.48.120 of this chapter shall be as specified in the fee schedule adopted pursuant to section 5.06.050 of this title. (1999 Code)

5.48.160: LICENSE ISSUANCE; YEAR IN BUSINESS REQUIRED WHEN:

No person, company or corporation shall be eligible for a license, nor shall a license be issued to any person, company or corporation unless they shall have been previously licensed to do business at the same location of such closing sale for the three hundred sixty five (365) day period preceding the beginning of the sale, except in those instances where a bona fide hardship would be created, and in such instances proof must be furnished to the license official that:

   A.   Such hardship exists; and

   B.   At the conclusion of such closing sale all and any business transactions of that particular applicant will completely and permanently cease and desist. (1999 Code)