(A) At least five full days before commencing any sale by auction, except as specified in § 110.008 of this chapter, the owner of the property sought to be sold shall file a sworn application with the City Clerk, which shall state the following:
(1) Whether the auction sought to be conducted is a closing-out auction;
(2) If it is a closing-out auction, that the application is made in good faith for the purpose of retiring from business and that all statutes and the provisions of this code governing closing-out sales have been complied with;
(3) The stock of goods, or other property, sought to be sold, is a bona fide part of applicant’s stock or has been on the tax rolls of the city for one year;
(4) A complete description of the property sought to be sold, in duplicate, including, if it is personal property, a completely itemized inventory with identifying numbers or other means of readily determining the identity of each and every article;
(5) The place where the auction is to be conducted;
(6) The name of the auctioneer who is to conduct the sale;
(7) The name of the owner of the property for the preceding year;
(8) The length of time the applicant has been in business in the city and the address of such business;
(9) All taxes on such property have been paid;
(10) No property other than that listed shall be sold or offered for sale on the premises where the auction is being conducted during such auction sale; and
(11) All of the property listed is actually on the premises where the auction is to be conducted.
(B) (1) It shall be unlawful for the auctioneer to conduct the auction at any place other than that stated in such statement, and it shall be unlawful for either the auctioneer or owner to do, either themselves or through their agents or servants, any act or thing contrary to the statement.
(2) No person shall make a false statement.
(Prior Code, § 5-5) (Ord. 788, passed 10-28-1985) Penalty, see § 10.999