(a) Records, Inventory and Inspection. The permittee shall:
(1) Grant access to authorized representatives of the city to make an examination or investigation of the business, books, records, accounts, or other papers pertaining to the going- out-of-business sale regulated by the provisions of this chapter;
(2) Keep available at the place of the going-out-of- business sale a duplicate copy of the inventory submitted with the application and present such duplicate copy to authorized city officials upon request;
(3) Keep all other goods separate and apart from the goods listed in the going-out-of- business sale inventory filed with city; and all inventoried goods for the going-out-of-business sale shall be tagged to apprise the public of the status of all such goods; and
(4) At the close of business each day, a revised inventory list of items disposed of during the day shall be made and shall be available at all times to investigating or inspecting city officials.
(b) Location.
(1) A going-out-of-business sale shall not be conducted at the same location by any person who, as owner or successor in interest, except by operation of law, has in any way, either directly or indirectly, conducted a similar sale in the city within a period of one year immediately preceding the date of the proposed going-out-of-business sale.
(2) The going-out-of-business sale permit authorizes only the type of sale described in the application at the location named in such application and authorizes only the sale of goods described in the inventory attached to the application. No additions of stock shall be permitted.
(c) Incidental Nature. A going-out-of-business sale shall be incidental to the termination of a legitimate business and is not permissible for a business which was established for the purpose of conducting such going-out-of-business sale.
(d) Nature of Goods Sold.
(1) All goods, wares, and merchandise to be sold in the going-out-of-business sale shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
(2) Goods, wares, and merchandise to be sold in the going-out-of-business sale shall not include goods ordered in contemplation of conducting a going-out-of-business sale. Any unusual purchase or addition to the stock of goods of the business within the period of thirty days before the filing of an application for a going-out-of-business sale permit and up to the time of the going-out-of-business sale shall be deemed to be goods ordered in contemplation of conducting a going-out-of-business sale.
(e) Other Stores or Businesses. Where a permittee operates more than one place of business, the permit issued shall apply only to the one store or branch specified in the application, and no store or branch shall advertise or represent that it is cooperating with, or in any way participating in, such going-out-of-business sale; nor shall the store or branch conducting the going-out-of-business sale, advertise or represent that any other store or branch is cooperating with, or participating in any way, in such going-out-of-business sale.
(f) Hours. The going-out-of-business sale shall not take place between nine-thirty p.m. and eight a.m. of the following day.
(Ord. 788 § 9 (part), 1999)