(A) It shall be unlawful for any person, firm or corporation to hold, conduct or advertise a sale which is claimed to be the result of fire, bankruptcy, closing-out, going-out-of-business or similar circumstances, until a permit shall have first been obtained from the City Manager, and a permit fee of $25 shall have been paid.
(B) It shall be unlawful to advertise a sale of the type listed in division (A) of this section unless the advertising shall contain the following language: “This sale permitted by the City of Piqua. Permit No. _______________.”
(Ord. 30-62, passed 9-4-62)
(C) Any person desiring to conduct a sale shall make written application to the City Manager at least five days prior to the date on which the sale is to commence, on forms furnished by the City Manager. In cases where due to circumstances beyond the control of the applicant (other than economic reverses) application cannot be made five days prior to commencement of the sale, the City Manager shall waive the five day requirement. Each application shall contain the following information and any other information as the City Manager may deem necessary.
(1) The name and address of the owner of the goods, wares or merchandise to be sold.
(2) A description of the place where the sale is to be held.
(3) The nature of the occupancy of the place where the sale is to be held, whether by lease or otherwise, and the effective date of termination of this occupancy.
(4) A full and complete statement of the facts regarding the distress merchandise sale, including the reason why the sale is being conducted, the manner in which the sale will be conducted, the manner in which the sale will be conducted and the commencement and termination date of the sale.
(D) Upon receipt of an application, the City Manager shall cause an investigation, if he or she deems necessary, to be made of the facts contained therein. No license shall be issued if any one or more of the following facts or circumstances are found to exist.
(1) That the applicant (or a business enterprise in which the applicant or members of his or her immediate family owned at least one-half interest therein) was granted more than one license hereunder for a going-out-of-business sale within two years preceding the date of the filing of the application.
(2) That the applicant has heretofore been convicted of violation of this chapter or has had a license issued to him or her pursuant to this chapter revoked within a five-year period immediately preceding the date of the filing of the application.
(3) That the inventory includes goods, wares or merchandise purchased by the applicant or added to his or her stock in contemplation of this sale and for the purpose of selling the merchandise a the sale. For the purpose of this section, any unusual addition to the stock of goods, wares and merchandise made within 60 days prior to the filing of the application shall be prima facie evidence that the addition was made in contemplation of the sale and for the purpose of selling the merchandise at the sale.
(4) That the applicant, in the ticketing of the goods, wares and merchandise to be offered at the sale, has misrepresented the original retail price or value thereof.
(5) That any representation made in the application is false.
(‘97 Code, § 97.18) (Ord. 8-82, passed 3-1-82) Penalty, see § 10.99