(A) Any person desiring to conduct a distress merchandise sale shall make a written application to the City Manager, at least five days prior to the date on which the sale is to commence. In cases where, because of 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 may waive the five days' requirement. Each application shall contain the following information, and any other information 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 the occupancy.
(4) Length of time such sale is to be held.
(5) 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, and the commencement and termination date of the sale.
(6) A complete and detailed inventory of the goods, wares, and merchandise to be offered at the sale as disclosed by applicant's records; or a statement of both the cost and retail value of the inventory of goods, wares, and merchandise to be offered at the sale based on the physical inventory used for applicant's most recent federal income tax return adjusted for sales, purchases, and mark-downs. Adjustments for sales, purchases, and mark-downs shall be shown on a monthly basis to date of application. In addition, there shall be shown as separate items in either form of inventory the retail value of all goods, wares, and merchandise applicant has on consignment which will be offered for sale and the cost and retail value of all goods, wares, and merchandise on back order.
(7) The filing of an application for a permit, the contents of the application, and the issuance of a permit shall be confidential information and no disclosure thereof shall be made except as may be necessary in the administration of the provisions of this subchapter. However, any disclosure may be made with the consent of the applicant and the filing of an application and the issuance of a permit shall not be considered confidential after public notice has been given of the proposed sale. Disclosures made contrary to the provisions of this section shall be subject to the penalty provided in § 112.20.
(B) Upon receipt of any application, the City Manager shall cause an investigation as he deems necessary to be made of the facts contained therein.
('91 Code § 113.17) (Ord. 1996-1957, passed 6-12-57)