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(A) Provisions supplement other licensing ordinance. The provisions of this subchapter are intended to augment and be in addition to the provisions of other licensing ordinances of the city. Where this subchapter imposes a greater restriction upon persons, premises, businesses or practices than is imposed by other licensing ordinances of the city, this subchapter 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 license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license, except as provided in division (C) below.
(C) Exception for survivors of businesspersons. Upon the death of a person doing business in the city, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.
(D) 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 such application shall not be granted a license.
(E) 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.
(F) Persons exempted. The provisions of this subchapter shall not apply to, nor 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;
(4) Persons conducting a sale of the type regulated herein on the effective date of this subchapter, unless such sale is continued for a period of more than ten days from and after such effective date, in which event, such person, at the lapse of the said ten-day period, shall comply with the provisions of this subchapter; and/or
(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 subchapter have not been complied with.
(1992 Code, § 485:10)
A person desiring to conduct a sale regulated by this subchapter shall make a written application to the City License Officer setting forth and containing the information required below:
(A) The true name and address of the owner of the goods to be the object of the sale;
(B) The true name and address of the person from whom he or she purchased the goods to be sold and the price therefor and, if not purchased, the manner of such acquisition;
(C) A description of the place where such sale is to be held;
(D) The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;
(E) The dates of the period of time in which the sale is to be conducted;
(F) A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;
(G) The means to be employed in advertising such sale together with the proposed content of any advertisement; and
(H) A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant’s records. Said inventory shall be attached to and become part of the required application. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase, or additions, to the stock of goods of the business hereby affected within 30 days before the filing of an application hereunder shall be deemed to be of such character.
(1992 Code, § 485:15)
Any applicant for a license hereunder shall submit to the License Officer with his or her application the required license fee as duly set by the Council from time to time. Any applicant for a renewal license hereunder shall submit to the City License Officer with his or her renewal application a renewal license fee in the amount duly established by the Council from time to time.
(1992 Code, § 485:20)
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