Loading...
   726.05 HEARING; FEE.
   Upon receipt of any such application as provided for in Section 726.03 the Mayor shall set a time and place for a public hearing thereon not later than two weeks thereafter, notice of which hearing shall be published in a local newspaper of general circulation. When satisfied as a result of such public hearing or otherwise that neither any fraud or deception in the conduct of the sales or in the advertising thereof, nor any misrepresentation of the goods to be sold, is intended or will be practiced. The Mayor upon receipt of the bond required by Section 726.04 , duly approved by the Director of Law as to form and the City Auditor as to sufficiency, shall issue to the applicant a license for which application has been made. The license fee shall be one hundred dollars ($100.00) for the first thirty days or less, and a renewal fee of one hundred dollars ($100.00) for an additional thirty days or less.
(Ord. 9287/83. Passed 2-9-83.)
   726.06 NONISSUANCE OF LICENSE.
   No going-out-of-business sale shall be licensed or permitted for a period of more than thirty days. Such thirty days shall be consecutive except as to Sundays and legal holidays, except that if the licensee within such thirty day period does not sell the quantity of merchandise permitted under Section 726.07 , the licensee may make application for an extension of time in which to hold his going-out-of-business sale. In no event shall any such extension exceed thirty consecutive days, Sundays and legal holidays excepted. In no event shall the licensee be granted any more than one such extension. No license hereunder shall be issued for the sale of stock on hand of any person who shall not for the period of one year next preceding such sale have been continuously engaged in the City in the business of selling such merchandise at wholesale or retail; nor shall a license be issued for the sale or offering for sale at a going-out-of-business sale of stock on hand by any purchaser thereof from a person that shall not for the period of one year next preceding any such purchase have been continuously engaged in and upon the same premises wherein the sale is to be held in the business of selling such merchandise at wholesale or retail. No such license shall under any circumstances be granted to any person within a period of two years after the termination of such going-out-of-business sale by such person held or conducted hereunder. No person who has been convicted of violating any of the provisions relating to going-out-of-business sales shall be granted a license for such sale or sales or be employed in any manner at or in connection with any going-out-of-business sale licensed hereunder for a period of five years after such conviction.
(Ord. 9646/86. Passed 2-26-86.)
   726.07 LIMITATION UPON ARTICLE TO BE SOLD.
   During any going-out-of-business sale no additions whatsoever shall be made to the stock of merchandise set forth in the inventory attached to the application for license, and nothing shall be offered for sale or sold at any such going-out-of-business sale which is an addition to the stock of merchandise described in the inventory, or which has been added to the applicant's stock within a period of thirty days prior to the date the applicant filed application for license. Under no circumstances shall the inventory offered for sale at a going-out-of-business sale exceed by fifty percent (50%) the average inventory carried by the applicant over the preceding five years, nor shall the inventory offered for sale at a going-out-of-business sale exceed by fifty percent (50%) the average inventory carried for the period of time the applicant has been in business. Any abnormal purchases during the year prior to the application for a license shall be cause for refusal to issue a license.
(Ord. 9287/83. Passed 2-9-83.)
Loading...