1134.03 ISSUANCE OF PERMIT; CONDITIONS AND REQUIREMENTS.
   The following provisions and regulations shall govern and control the issuance of any permit provided for or contemplated by the provisions of this chapter:
   (a)   Application for a permit, the fee for which shall be five dollars ($5.00), shall be made in writing to the Director of Public Safety, in such form as shall be prescribed by him, at least three days prior to the date proposed for the holding or conducting of such sale.
(Ord. 41-74. Passed 11-24-75.)
   (b)   Such application shall be signed by the person proposing to hold, conduct or manage such sale and by the owner of the property where such sale is to be held if the identity of such persons shall be different. The Director of Public Safety may waive the signature of the owner.
   (c)   Such application shall set forth the address of the property where such sale is to be held; the name of the owner and occupant thereof; the name of the person who will be in charge of such sale; the dates upon which and the hours during which such sale is proposed to be conducted; a complete and comprehensive inventory of all property proposed to be so sold or offered for sale, together with the name of the owner of and the present location of such property and an estimate of the total value of such property.
   (d)   No permit shall be issued to authorize the holding of such a sale which shall extend for more than a period of three days' duration; or before 9:00 a.m. or after 9:00 p.m. on any sale day. For good cause shown the Director of Public Safety may grant an extension of not to exceed two days for the duration of any sale.
   (e)   No permit shall be issued to authorize the holding of such a sale on any property where a permit for such a sale has previously been issued and used at any time within one year of the date of application for the current permit. The Director of Public Safety may waive this restriction when there has been a change of ownership of the property within such one-year period or in cases where its enforcement would create undue hardship.
   (f)   No permit shall be issued to authorize the holding of such a sale where it is intended to sell or offer for sale any property other than such as is described in Section 1134.01, or any property which is not on the date of such application legally owned by the occupant of the premises where such sale is proposed to be conducted, or any property which has not been continuously physically located upon such premises for a period of at least thirty days next preceding the date of application for such permit.
(Ord. 12-68. Passed 3-11-68.)
   (g)   No permit shall be issued to authorize the holding of such a sale when such sale is to be conducted or managed in any way, whether directly or indirectly, by any person other than the occupant of the premises where such sale is to be conducted unless there is deposited with the Director of Finance a certified bank check in the amount of five hundred dollars ($500.00) payable to the City or there is filed with the Director of Finance a good and sufficient bond in the sum of five hundred dollars ($500.00) with two or more sureties thereon and with the surety thereon being a surety company authorized to do business within the State, which bond shall be subject to the approval of the Director of Law. The certified check shall be held for a period of ninety days and where a bond is furnished, it shall be for a term of not less than ninety days and both shall be conditioned upon the faithful observance of all the provisions and conditions of this chapter and the terms and conditions of the permit so to be issued and which shall also indemnify any purchaser at such sale who suffers any loss by reason of any misrepresentation made in the course of such sale or with respect to any property there sold.
(Ord.16-87. Passed 10-26-87.)