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(a) The Board of Control shall, from time to time, enter into contracts with competent, qualified persons for the examination of the inventories and records of applicants for licenses. Such persons shall work under the direction and control of the City Administrator and shall make such examinations of records and inventories as are specified by the City Administrator and authorized by this chapter.
(Ord. 1845. Passed 8-4-58.)
(b) All information obtained by any person, City employee or official through applications or examinations made pursuant to this chapter shall be confidential, and any disclosure thereof, except where such disclosure is necessary in the administration of the provisions of this chapter shall constitute a violation of this section, punishable by the penalty provided for in Section 707.99.
When it appears to the City Administrator that all the statements in the application are true and that the proposed sale is of the character represented therein, and that the application is in full compliance with the terms and conditions of this chapter, the City Administrator shall issue a distress merchandise sale license to the applicant authorizing the applicant to advertise and conduct the sale as described in the application, subject to the following conditions:
(a) The sale shall be held at the place named in the application and by the particular licensee for a period of not more than thirty consecutive calendar days, Sundays and legal holidays excluded, next following the date specified in the license;
(b) Only the goods, wares, and merchandise included in the inventory attached to the application shall be sold at the sale;
(c) Upon the commencement of the sale and for its duration, the license issued hereunder shall be prominently displayed in the place of sale by the licensee;
(d) The licensee shall keep suitable books during the sale, at the location at which the sale is conducted, in which shall be made daily entries showing:
(1) Dollar amount of retail sales.
(2) Dollar amount of mark-downs. (Without limiting the meaning of the term "mark-down", the differences between the retail and wholesale price of goods wholesaled by the licensee shall be considered a mark-down.)
(3) Dollar amount, both retail and cost price, of goods on back order received.
(4) Dollar amount of wholesale sales. Copies of such daily entries shall be sent to the City Administrator weekly and all books of the licensee shall be open for inspection by the City Administrator or their duly authorized representative during business hours.
(Ord. 23-67. Passed 10-2-23.)
The City Administrator shall revoke any distress merchandise sale license if he finds that the licensee has:
(a) Violated any provision of this chapter;
(b) Made any material mis-statement in his application;
(c) Failed to include in the inventory required by the provisions of this chapter all the goods, wares and merchandise being offered for sale;
(d) Offered or permitted to be offered at the sale any goods, wares or merchandise not included in the inventory attached to the application;
(e) Failed to keep suitable records of the sale; or
(f) Made or permitted to be made any false or misleading statements or representations in advertising such sale, or in displaying, ticketing or pricing goods, wares or merchandise offered for sale.
(Ord. 1845. Passed 8-4-58.)
The City Administrator shall, upon application, renew a distress merchandise sale license for one period of thirty days, Sundays and legal holidays excluded, if the licensee has not sold all the goods listed on the inventory submitted with the original application. Such fact shall be sworn to by the applicant in the appropriate place on the application for renewal of the license. Only such goods as were listed on the original inventory filed with the application and not previously sold, may be sold during the renewal period. (Ord. 23-67. Passed 10-2-23.)
The provisions of this chapter shall not apply to any sale conducted by a public officer as part of their official duties or to any sale, an accounting of which must be made to a court of law or to any sale conducted pursuant to an order of a court of law.
(Ord. 23-67. Passed 10-2-23.)