(a) Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license. Upon the death of a person doing business in the City, his or her heirs, devises or legatees shall have the right to apply at any time for a license hereunder.
(b) Interval Between Sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last past from the date of such application, shall not be granted a license.
(c) Restricted Location. Where a person applying for a license hereunder operates more than one place of business the license issued shall apply to the one store or branch specified in the application and no other store or branch shall advertise or represent that it is co-operating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is co-operating with it or participating in any way in the licensed sale.
(d) Persons Exempted. The provisions of this chapter shall not apply to or affect the following persons:
(1) Persons acting pursuant to an order or process of a court of competent jurisdiction;
(2) Persons acting in accordance with their powers and duties as public officials;
(3) Duly licensed auctioneers, selling at an auction;
(4) Persons conducting a sale of the type regulated herein on the effective date of this chapter, unless such sale is continued for a period of more than fifteen days from and after such effective date, in which event, such person, at the lapse of the fifteen-day period, shall comply with the provisions of this chapter.
(5) Any publisher of a newspaper, magazine or other publication, who publishes in good faith, any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with.
(Ord. 60-115. Passed 7-11-60.)