[Code 1962, § 27-4]
As used in this article, the term "goods" shall include all
goods, wares and merchandise.
[Code 1962, § 27-8]
The provisions of this article shall not apply to trustees selling
under deeds of assignment, or to sheriffs, constables or other public
or court officers, or to any other person acting under the license,
direction or authority of any court, state or federal, selling goods
in the course of their official duties, or to a merchant who has been
conducting a business within the City continuously for at least one
year immediately prior thereto under an ordinary merchant's license,
and who is closing out his stock of goods and advertises as such,
or to a merchant whose stock of goods has been damaged by fire, smoke,
water or otherwise and who advertises as such.
[Code 1962, § 27-7]
No person shall sell any goods pursuant to a license issued under this article unless such goods are listed in the inventory referred to in § 25-60. No person shall add to, supplement or replenish such inventoried goods from any source whatsoever and thereafter advertise the sale as being of the character set out in the application for a license under this article. Every addition to such stock of goods, and each sale of goods added thereto, shall constitute a separate offense.
[Code 1962, § 27-4; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
No person shall advertise, represent or hold out within the
City that any sale at retail of goods is an insurance, bankruptcy,
insolvent, wholesale, liquidation, assignee's, receiver's,
trustee's, adjuster's, manufacturer's or closing-out
sale, or a sale of goods damaged by fire, smoke, water or otherwise,
unless he has first obtained a license to conduct such sale from the
Treasurer.
[Code 1962, §§ 27-5, 27-7; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
(a)
An application for a license required by this division shall be filed
with the Treasurer. Such application shall be under oath and shall
give all the facts in regard to such sale, particularly the place
and manner of conducting the same, a complete inventory of the goods
to be sold at such sale, the names of the persons from whom such goods
were obtained, the date of delivery thereof to the person applying
for the license, the place from which the same were last taken and
all of the details necessary to fully identify the goods to be sold.
Such application shall also specify the proposed period of time during
which such sale shall continue.
(b)
It shall be unlawful for any person to make any false statement in
any application filed under this section. It shall likewise be unlawful
for the applicant to list on the inventory set out in the application
any goods which are not part of the regular stock of the store or
business, the goods of which are to be closed out at such sale.
(c)
The Treasurer shall, upon request, allow any person to inspect an
application filed under this section.
[Code 1962, § 27-5]
The applicant for a license required by this division shall
pay a license tax of $100 per month or fraction thereof, and there
shall be no abatement of such license tax for any reason whatsoever.
[Code 1962, § 27-6; amended by Ord. No. 2005-4, 2-28-2005; 2-22-2010]
If the Treasurer shall be satisfied, from the application filed pursuant to this division, that the proposed sale is of the character, as to all goods to be sold, which the applicant desires to advertise and conduct, and if the applicant pays the license tax prescribed in § 25-61, the Treasurer shall issue a license to the applicant, authorizing him to advertise and conduct a sale of the particular kind mentioned in the application, in accordance with the requirements of this article, for the period of time stated in the application and for which the license tax is paid.
[Code 1962, § 27-7]
A license issued under this division shall not be assignable
and shall be valid only for a sale of goods in the manner and at the
time and place set forth and described in the license application,
and no other goods shall be sold at such sale.
