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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)
A permit may be issued hereunder on the following terms:
Sec. 7-84(1). The permit shall authorize sale described in the application for a period of not more than thirty (30) consecutive days, following the issuance thereof. The director of finance may, upon receipt of revenue application and renewal fee, renew a permit for one (1) period of time only, such period to be in addition to the thirty (30) days permitted in the original permit, and not to exceed thirty (30) consecutive days. (Ord. No. 3120, § 3, 4-22-68)
Sec. 7-84(2). Non-transferability: Any permit herein provided for shall not be assignable or transferable.
Sec. 7-84(3). Applicant must notify the city of any change of address for a six-month period following the issuance of the permit.
(1953 Code, Ch. 6, § 4; Ord. No. 2102, § 2, 10-17-60; Ord. No. 8011, § 2, 3-22-93)
A permittee hereunder shall:
Sec. 7-85(1). Post a sign in a prominent location upon the premises for which the permit is issued. The posted sign must meet the specifications set out in section 7-89 of the Tucson Code.
Sec. 7-85(2). State prominently the permit number and the exact closing date of any sale held hereunder in all advertisements, signs and statements regarding such sale. (Ord. No. 3120, § 4, 4-22-68)
(1953 Code, ch. 6, § 8; Ord. No. 8011, § 2, 3-22-93)
(a) No auction license shall be issued to any person for use on the sale premises of an applicant hereunder and no auction of the inventory stock remaining from a sale conducted pursuant to this article shall be conducted on the premises until and unless the director of finance has approved the application and the proposed sale as complying with all applicable provisions of law, and the provisions of sections 7-9 and 7-10 of the Tucson Code are fulfilled.
(b) The zoning district classification in which the sale premises are located shall not constitute a prohibition of such auction sale, any other provision of the Tucson Code to the contrary notwithstanding.
(Ord. No. 3120, § 6, 4-22-68; Ord. No. 8011, § 2, 3-22-93)
The director of finance may revoke the permit, provided for in this article, of any person violating any of the provisions of this article by giving written notice of the revocation to the permittee, and no such permittee shall thereafter transact any business under the permit so revoked.
(1953 Code, ch. 6, § 9; Ord. No. 3120, § 5, 4-22-68; Ord. No. 8011, § 2, 3-22-93)
(a) Before revoking a permit, the director of finance shall give written notice to the permittee, in the manner provided in this article, that a revocation hearing will be held at a place and time specified in the notice, which hearing shall not be sooner than ten (10) days from the date of the notice. The notice shall state the grounds relied upon for the proposed revocation. The director of finance (or designated representative) shall hold the hearing at the time and place specified, unless agreed otherwise by the permittee and other parties concerned, and the permittee shall be allowed to appear in person and by the counsel and offer evidence. A record shall be kept of all proceedings, including proofs offered and an audio tape of testimony. No permit shall be revoked unless grounds therefore are satisfactorily established by the evidence as shown by the record of the hearing. The director of finance shall give the permittee and other parties written notice of the hearing decision, and such decision shall be final. Revocation of a permit shall be effected by the finance director's signing of the written notice of the hearing decision. A permittee's right to do business under authority of the permit shall terminate immediately upon the mailing to the permittee of a copy of the director's signed decision revoking the permit.
(b) Notice required by this article may be served by certified mail addressed to the permittee at the address of the permittee as shown on the business license application or as shown on the going-out-of-business permit application. Such notices may also served by personal service.
(Ord. No. 8011, § 2, 3-22-93)
All signs as required in section 7-85(1) of this article shall conform to the following requirements:
(1) There shall be a sign posted near to and visible from each entrance to the business.
(2) Each sign shall measure 24" × 24".
(3) All information printed on permittee's sign shall be in one-half ( 1/2) inch letters.
(4) Each sign shall contain the city business license number and the sale permit number.
(5) Each sign shall provide the telephone numbers for the consumer affairs office and the revenue division office for complaint and follow-up information.
(Ord. No. 8011, § 2, 3-22-93)
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