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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.)
(Ord. 9646/86. Passed 2-26-86.)
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.)
(a) No licensee, his agents or employees shall make any statements which are false in any particular, or which have a tendency to mislead or to make any misrepresentation whatsoever with references to any article sold or offered for sale during such going-out-of-business sale.
(b) No person shall announce or advertise directly or indirectly, or cause to be announced or advertised directly or indirectly, in any way within the City any sale which does not constitute a going-out-of-business sale by the use of any terms, statements, assertions or representations which shall have a tendency to reasonably lead the public or ultimate customer to believe that such sale constitutes a going-out-of-business sale.
(c) No person shall conduct going-out-of-business sales as an established merchandising practice.
(Ord. 9287/83 Passed 2-9-83.)
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