852.03 LICENSE REQUIREMENTS; EXCEPTIONS.

   (a)   Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a special sale license under this chapter for a period of at least six months prior to the date of the proposed sale shall not be granted a license. However, 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 such license.

   (b)   Interval Between Sales. Any person who has held a sale, as regulated in this chapter, at the location stated in an application, within one year past from the date of such application, shall not be granted a license.

   (c)   Restricted Location. Where a person applying for a special sale license under this chapter operates more than one place of business, the license issued shall apply only to the one store, or the 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 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 August 1, 1960, unless such sale is continued for a period of more than thirty days after August 1, 1960, in which event, such person, at the lapse of the thirty-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 this chapter has not been complied with.
(Ord. 1960-56. Passed 8-1-60.)