[HISTORY: Adopted by the City Council of the City of Lexington as
indicated in article histories. Amendments noted where applicable.]
[Adopted as § 21-19 of the 1958 Code (§ 15-10
of the 1970 Code)]
No person shall sell or offer for sale at public auction on the streets
any goods, wares or merchandise, household furniture or other articles or
things whatsoever, unless such sale is held under the direction of or order
of some court or is held as the result of the due operation of law.
[Adopted by Ord. No. 90-15 (§§ 15-100
and 15-101 of the 1970 Code)]
A.
It shall be unlawful for any person, firm, corporation
or association to advertise, or conduct, a sale for the purpose of discontinuing
a retail business, or to modify the word "sale" in any advertisement with
the words "going out of business" or any other words which tend to insinuate
that the retail business is to be discontinued and the merchandise liquidated,
unless such retailer obtains a permit to conduct such sale from the Commissioner
of the Revenue of the City.
B.
A violation of the provisions of this section shall be
punishable as a Class 1 misdemeanor as set forth in the Code of Virginia of
1950, as amended.
[Amended 11-2-2006 by Ord. No. 2006-09]
A.
The Commissioner of the Revenue of the City shall issue permits to retail merchants for special sales as required in § 336-2 upon the application of such merchant and shall inspect the advertisement and conducting of such sale to ensure that it is being advertised and conducted in conformity with the required permit.
B.
All applications for special sale permits shall be accompanied
by an inventory, including the kind and quantity of all goods which are to
be offered for sale during the sale, and only the goods specified in the inventory
list may be advertised at a reduced price or sold at a reduced price during
the sale period. Goods not included on the inventory of special sale goods
shall not be commingled with or added to the special sale goods. The Commissioner
shall have the right to revoke a special sale permit upon proof that goods
not appearing on the original inventory of special sale goods have been commingled
with or added to the special sale goods.
C.
Each special sale permit shall be valid for a period
of no longer than 60 days, and any extension of that time shall constitute
a new special sale and shall require an additional permit and inventory. An
additional permit beyond the initial sixty-day permit may be granted solely
for the purpose of liquidating only those goods contained in the initial inventory
list and which remain unsold.
D.
Any retailer who advertises such sale shall conspicuously
include in the advertisement the permit number assigned for the sale by the
City and the effective dates of the sale as authorized in the permit.
E.
There shall be no fee for the issuance of special sale
permits.
