§ 11-82. License.

(a)

Required. It shall be unlawful for any person or any agent or employees thereof to advertise or conduct any sale of the type defined in section 11-81 without first securing a license therefor, which license shall be known and designated as a "Going-Out-of-Business License", from the city.

(b)

Persons eligible. No license required by this division shall be issued to any person who does not hold a bona fide lease for at least one year on the premises where the sale is to be conducted. The original of the lease shall be exhibited to the city when application for the license is filed and a copy of the same shall be filed with the city.

(c)

Application. Application for a license required by this division shall be in writing and shall be verified under oath. If the lease of record of the premises is a corporation, then the application shall be signed by the president or owner or responsible official and be attested to by the secretary or other responsible official or agent thereof. The application shall contain:

(1)

A description of the place where the sale is to be held.

(2)

The nature of the occupancy, whether by lease, sublease or otherwise, and the effective date of the termination of the occupancy by the applicant for the license.

(3)

The means to be employed in advertising the sale, together with the proposed content of any advertisement.

(4)

An itemized list of goods, wares or merchandise to be offered for sale, including all merchandise then contracted for or en route to the applicant, but not yet in his possession.

(5)

The place where the stock was purchased or acquired, and if not purchased, the manner of the acquisition.

(6)

Any additional information relating to the sale as the city may deem necessary.

(7)

A statement by the applicant that upon receipt of the license, the applicant will voluntarily surrender for cancellation his existing business license for the business for the current year, without refund of the fee or any portion thereof paid for the business license.

(8)

A statement that the representations made in the application are bona fide and that the license applied for is accepted and acknowledged by the applicant as being issued by the city in reliance upon the representations, and that the applicant will not directly or indirectly engage in the same business, or any similar business, under the same trade name in the city for a period of two years from the date of the application, and shall not engage in the same business or similar business under any name at the same location for a period of two years from the date of the application.

(d)

Investigation; issuance; term; cancellation of business license. Upon the filing of an application for a license under this division, the city, after investigation thereof, may issue the license for a period not exceeding 30 days; provided, that at the time the license is so issued by the city, the licensee shall deliver, for immediate cancellation, his general business license for the current license year.

(e)

Fee. Upon filing an application for an original or renewal license to advertise and conduct a sale pursuant to this article, the applicant shall pay to the city the current fee. If any application is disapproved, the payment shall be retained by the city to defray the cost of investigating the statements contained in the application.

(f)

Display. Upon commencement of any sale pursuant to this division, the license therefor shall be conspicuously displayed near the entrance to the premises.

(g)

Renewal. Upon satisfactory proof by a licensee under this division that the stock itemized in the original application has not been disposed of, and upon payment of an additional license fee, the city may renew the license for an additional 15-day period. This proof shall be furnished on a form supplied by the city. It shall contain an itemized list of stock on hand and shall be verified under oath. The city shall cause the same to the city examined and investigated, and if satisfied as to the truth of the statements therein contained, the city may issue a renewal license for a period not exceeding 15 days. Not more than two such renewals may be granted for any such sale for the same location.

(Code 1980, §§ 7-5-22—7-5-28)