Section
119.001 Definitions
119.002 License required
119.003 Clerk; powers and duties
119.004 License application; contents; investigation
119.005 Bond
119.006 License fees
119.007 License issuance
119.008 License period; renewal
119.009 Fraudulent or misleading advertising
119.010 Adding to stock of goods during sale or license period
119.011 License renewal
119.012 License revocation
119.013 License display; inspection; advertising; books and records
119.014 Exemptions
119.015 Violations
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISING and ADVERTISEMENT. Includes the terms PUBLISH and PUBLISHING and means and includes any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by circular, by pamphlet, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement, by radio program, by recordings and/or any and all means including oral, written or printed.
GOING OUT OF BUSINESS SALE. The sale or an offer to sell at retail to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, moving, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised, either specifically or in substance, to be an adjustment sale, creditor’s sale, trustee’s sale, bankrupt sale, insolvent sale, insurance salvage sale, mortgage sale, assignee sale, adjustor’s sale and the like, receiver’s sale, loss of lease sale, forced out of business sale, going out of business sale, removal sale, and any and all sales advertised in such manner as to reasonably convey to the public that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued at its existing location.
LICENSE. A license issued pursuant to this chapter.
LICENSEE. Any person to whom a license has been issued pursuant to this chapter.
PUBLISH and PUBLISHING. See ADVERTISING.
RESIDENT MERCHANT. A merchant who has maintained an established place of retail business within the city for the sale at retail of goods similar to those to be sold at the sale described in this chapter, for a continuous period of one year or more directly preceding the opening date of such sale.
TRANSIENT MERCHANT. Any merchant doing or contemplating doing business in the city and who does not come within the definition of a “resident merchant” in this section.
(2013 Code, § 17-193) (Ord. 10586, passed 5-11-1964)
No person shall publish or conduct any sale of the type defined in this chapter without a license therefore, duly issued in accordance with this chapter, and remaining in effect and unrevoked.
(2013 Code, § 17-194) (Ord. 10586, passed 5-11-1964) Penalty, see § 10.999
The City Clerk is authorized and empowered to supervise or regulate sales or special sales, defined in § 119.001 of this chapter, to issue appropriate licenses therefor upon the proper application therefor as provided in this chapter, and to provide for the investigation of applications therefor and for the issuance of licenses thereon by the necessary officer.
(2013 Code, § 17-195) (Ord. 10586, passed 5-11-1964; Ord. 14609, passed 12-30-1998)
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