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For the purposes of this article, the following terms, phrases, and words shall have the meaning given herein:
Sec. 7-80(1). Fire and other altered goods sale is a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered while within the city or in transit thereto, by fire, smoke, water or other means. (Ord. No. 3120, § 1, 4-22-68)
Sec. 7-80(2). Going-out-of business sale is any sale held out in such a manner as to reasonably cause the public to believe that upon disposal of the stock of goods on hand, the business will cease and be discontinued, including, but not limited to, the following sales: adjusters; adjustment; alteration; assignees'; bankrupt; benefit-of-creditors; benefit-of- administrator; benefit-of-trustees; building-coming-down; closing; creditors' committee; creditors'; executors'; final days; forced out; forced-out-of-business; insolvents'; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's trustees'; quitting business; or other terminology of similar import.
Sec. 7-80(3). Goods includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
(1953 Code, ch. 6, § 1; Ord. No. 8011, § 2, 3-22-93)
The provisions of this article shall not apply to or affect the following persons:
Sec. 7-81(1). Persons acting pursuant to an order or process of a court of competent jurisdiction.
Sec. 7-81(2). Persons acting in accordance with their powers and duties as public officials.
(1953 Code, ch. 6, § 7; Ord. No. 8011, § 2, 3-22-93)
(a) Application. Any person desiring to conduct a sale regulated by this article shall make a written application to the director of finance, prior to the first day of which such sale or offer to sell, trade or exchange is held or made, setting forth and containing the following information:
(1) The true name and address of the owner or each of the owners of the goods to be the object of the sale.
(2) A description of the place where such sale is to be held.
(3) The true names and addresses of all individuals employed by the owner or owners of the goods to be the object of the sale and to be connected with the sale and their capacity, including the date of their employment. Such list must be kept current during the course of the sale.
(4) The nature of the occupancy and the effective date of termination of such occupancy.
(5) The dates of the period of time during which the sale is to be conducted.
(6) A concise and clear statement of the reason or reasons for the urgent and expeditious disposal of the goods, wares or merchandise to be offered at such sale.
(7) A recital that the applicant has read and understands that a false statement contained in the application constitutes unsworn falsification as defined in A.R.S. section 13-2704, a class II misdemeanor, punishable by a fine of no more than seven hundred fifty dollars ($750.00).
(8) A statement that the business out of which the sale is to be held is to be terminated permanently where such sale is to be held or, if the business is to be removed to or continued at another place or places, a description of that place, which may be by street address, the date upon which such removed business will commence, and the name and designation under which the applicant will commence such business.
(9) A statement that the applicant consents to entry by authorized representatives of the city upon the premises where the sale will be held, at any time during business hours, during the sale period.
(b) Fee.
(1) An application for a permit hereunder shall be accompanied by a fee of twenty- five dollars ($25.00).
(2) An application for a renewal permit hereunder shall be accompanied by a renewal permit fee of twenty-five dollars ($25.00).
(1953 Code, ch. 6, § 3; Ord. No. 2102, § 1, 10-17-60; Ord. No. 3120, § 2, 4-22-68; Ord. No. 6652, § 1, 3-16-87; Ord. No. 8011, § 2, 3-22-93)
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