28-05 Repeal 753 - Fire & Going Out of Business Sales

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(f) "Removai-of-business sale"-means a sale held out in such a manner as reasonably to cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location or will then continue business from other existing locations. 753.02 LICENSE REQUIRED. A license issued by the Director of Public Safety shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be a going-out-of-business sale, removal-of-business sale, or a fire or other altered stock sale. 753.03 ESTABLISHED BUSINESS AS PREREQUISITE¡ EXCEPTION. 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 nine months prior to the date of the proposed sale shall not be granted a license. However, upon the death of a person doing business in this City, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder. ' 753. 04 INTERVAL BETWEEN SALES. Any person who has held a gOing-out-of-business sale or removal~of-business sale, as regulated hereunder, at the iocation stated ,in the application, within one year la~t past from the date of such application, shall not be granted a license. 753.05 RESTRICTED LOCATION. Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application and no othèr store or branch shall advertise or represent that it is cooperating 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 cooperating with it or participating in any way in the licensed sale. 753.06 EXEMPTIONS. The provisions of this chapter shall not apply to or affect the following persons: (aD Persons àcting pursuant to an order or process of a court of competent jurisdiction; (b) Persons acting n accordance with their powers and duties as public officials; (c) Duly licensed auctioneers, selling at auction; (eI) Any publisher of a newspaper, magazine or other publication who publishes, in gi¡od 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. 753.07 APPLICATION FOR LICENSE. A person desiring to conduct a sale regulated by this chapter shall make a written application to the Director of Public Safety setting forth and containing the following information: (a) The true name and address of the owner of the goods to be the object of the sale; (1:) A description of the place where such sale is to be held; ,., (c) The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy; (d) The dates of the period of time in which the sale is to be conducted;