[R.O. 2016 § 625.010; CC 1994 § 17.100]
A.
Whenever any person who intends to advertise
to the public by signs, newspapers, radio, or in any other manner
that they are going to conduct a going-out-of business sale, final
clearance sale, or any sale which indicates that the person is terminating
his/her trade, commercial, or business in the City of Park Hills,
for any reason, he/she shall first obtain a non-renewable going-out-of-business
license from the City of Park Hills to advertise and conduct such
sale and shall surrender his/her current business license for the
location where such sale is to occur. No person who is not holding
a business license under the ordinances of this City shall be eligible
for a going-out-of-business sale license.
B.
Persons desiring to obtain a license to
advertise and conduct a going-out-of-business sale shall complete
an application and file it with the City Clerk stating the location
of such sale, the license presently held, the date such sale is to
commence, and the duration of such sale by indicating the first and
last days of the sale, which shall not exceed thirty (30) consecutive
calendar days and shall furnish an itemized list of merchandise that
is to be available for sale. The Clerk shall issue same upon finding
that the application is in order.
C.
Application For Extension.
1.
A person who desires to extend such sale may apply for an extension
by filing an application, under oath, with the City Administrator.
Said application shall indicate the time extension sought which shall
not exceed thirty (30) days, an itemized list of inventory under the
original license that remains unsold, and the reasons why such extension
is sought, and any additional information that the applicant desires
to submit.
2.
If the City Administrator finds, on the basis of the application
and information submitted, that the sale is being conducted for the
purpose of liquidating stock and merchandise and that due to market
conditions and the type of product being sold, such an extension will
assist the owner in such liquidation, he/she may grant a thirty (30)
day extension of the original going-out-of-business sale license.
D.
Notwithstanding any provision of this Section,
no person shall be eligible to advertise going-out-of-business sales
or to purchase a license under the terms of this Section unless such
business:
1.
Shall have been in operation and
duly licensed at the place where such sale is to occur under the regulations
of this City for a period of no less than twelve (12) months; or
2.
Has been in operation and duly licensed
at the place where such sale is to occur under the regulations of
this City for a period of three (3) months and applicant for such
license, or any person financially interested in applicant's business,
has not previously been granted a going-out-of-business sale license
at the place where such sale is to occur for a period of twelve (12)
months preceding the application to conduct a going-out-of-business
sale.
E.
Any person who shall advertise a going-out-of-business
sale without a license as provided for herein or who shall advertise
such sale after the expiration of the going-out-of-business sale license
shall be deemed guilty of an ordinance violation, and if convicted,
may be sentenced to pay a fine not exceeding five hundred dollars
($500.00) or imprisonment not exceeding three (3) months, or both,
fine and imprisonment.
F.
Each day that a violation occurs under
this Chapter shall constitute a separate offense.
G.
"Person" as used herein means any person,
partnership, firm, corporation, or other type of business entity.
