(A) (1) Established business requisite. 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 6 months prior to the date of the proposed sale, shall not be granted a license.
(2) Exception for survivors of businessmen. 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.
(B) 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 the application shall not be granted a license.
(C) 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.
(D) Persons exempted. The provisions of this chapter shall not apply to or effect 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 such sale is continued for a period of more than 15 days from and after the effective date, in which event the person, at the lapse of the 15-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 provisions of this chapter have not been complied with.
(Ord. 23-1960, passed 6-28-60)