As used in this chapter:
A. “Advertise,” “advertisements,” “advertising,” “publish,” and “publication” mean any and all means, whether oral, written, lettered or printed, used for conveying to the public notice of the conduct of a sale as defined in this section, or notice of intention to conduct any such sale, including but not limited to oral or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed display, billboard display, posters, radio, or television announcement.
B. “Sale” means any sale of, or any offer to sell, to the public, or any group thereof, goods, wares or merchandise on order, in transit or in stock, in connection with a declared purpose as set forth by advertising that such sale is anticipatory to or to avoid the termination, liquidation, revision, windup, discontinuance, removal, dissolution or abandonment of the business or that portion of the business conducted at any location and:
1. All sales advertised in any manner calculated to convey to the public the belief that upon the disposal of the goods to be placed on sale, the business or that portion thereof being conducted at any location, will cease, be removed, be interrupted, discontinued or changed; and
2. All sales advertised to be “adjuster’s sale,” “adjustment sale,” “assignee’s sale,” “bankrupt sale,” “benefit of administrator’s sale,” “benefit of creditors sale,” “benefit of trustee’s sale,” “building coming down sale,” “closing sale,” “closing-out sale,” “creditors’ committee sale,” “creditors’ sale,” “damaged goods sale,” “end sale,” “executor’s sale,” “final days sale,” “fire sale,” “forced out sale,” “forced out of business sale,” “insolvent sale,” “insurance salvage sale,” “last days sale,” “lease expires sale,” “lease expiring sale,” “liquidation sale,” “loss of lease sale,” “mortgage sale,” “outselling sale,” “receiver’s sale,” “removal sale,” “reorganization sale,” “salvage sale,” “selling-out sale,” “smoke sale,” “smoke and water sale,” “trustee’s sale,” “quitting business sale,” “wholesale closing-out sale,” “we quit sale,” “we give up sale,” “fixtures for sale,” or advertised by any other expression or characterization closely similar to any of the foregoing and calculated to convey the same meaning; and
3. All sales advertised in a manner calculated to indicate that the goods, ware or merchandise to be sold, or any part thereof, have been involved in any business failure, to have been derived from a business which has failed, been closed, discontinued or liquidated; and
4. All sales accompanied by notices of advertising indicating that the premises are available for purchase or lease or are otherwise to be vacated; and
5. All sales accompanied by advertising indicating a business emergency or failure affecting the seller or any previous holder of the goods to be disposed of. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 1 §§ 2401 and 2402, 1951.)

The provisions of this chapter shall not apply to or affect the following persons:
A. Persons acting pursuant to an order or process of a court of competent jurisdiction;
B. Persons acting in accordance with their powers and duties as public officers, such as sheriffs and marshals;
C. Duly licensed auctioneers, selling at auction;
D. Any publisher of a newspaper, magazine or other publication, who publishes any such advertisement in good faith, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this section have not been complied with. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 3 § 2455, 1951.)

A person shall not conduct any sale as defined in this chapter without first obtaining a license to do so. This license is in addition to any other license which may be required by Ordinance 5860 or by any other ordinance. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2421, 1951.)

An application for a license to conduct a sale as defined in Section 7.40.010 shall be verified by the applicant and, in addition to the matters required by Section 7.06.020 of this title, shall include:
A. A description, by street or highway location and kind of building, of the location at which such sale is to be held;
B. The nature of the occupancy, whether by ownership, lease or sublease; and if by lease or sublease, the effective date of the termination of such tenancy;
C. A copy of all advertisements proposed to be used in connection with such sale, and a statement of the means or methods of advertising to be used in advertising such sale;
D. The facts in regard to the insurance, bankruptcy, insolvency, assignment, mortgage, foreclosure, administration, receivership, trusteeship, removal, executorship removal, or other cause advertised to be the reason for the proposed sale;
E. An inventory or statement in such a form and in such detail as the tax collector may require, setting forth the amount and description of goods, wares and merchandise to be sold at such sale and, when required by the tax collector, the date of the acquisition of such goods, wares and merchandise, and the persons from whom obtained, and the place from which said goods were last taken. (Ord. 88-0126 § 23, 1988: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2423, 1951.)

The tax collector may require that all goods, wares and merchandise listed upon the application for license shall be so described in detail by manufacturer’s name and lot number, the individual number of articles so numbered, colors, sizes, and otherwise, that the identity of such goods with the goods listed on such inventory can be readily determined. (Ord. 88-0126 § 24, 2988: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2424, 1951.)

The fee for a license to conduct a sale shall be in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. (Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2422, 1951.)

The sheriff may advise a denial of a license under this chapter because of the insufficiency of the information set forth in the application, but in such event the applicant may file an amended application. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2426, 1951.)

If it appears to the tax collector that the statements in the application are true, that the inventory is complete, that the advertising set forth is not false, fraudulent, deceptive or misleading in any respect, and that the methods to be used by the applicant in conducting the sale are not such as will work a fraud upon the purchaser, and it appears that the applicant will comply in all respects with all of the provisions of this title, the tax collector shall issue a license to conduct such sale in accordance with the provisions of this chapter. Otherwise, the tax collector shall notify the applicant that he intends to deny the license. (Ord. 88-0126 § 25, 1988: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2425, 1951.)

A license issued under the provisions of this chapter shall authorize the one type of sale named in the application at the place named therein for a period of not more than 60 calendar days, and shall permit the sale of goods only which are set out in the application, all of which goods throughout the duration of the sale and licensee shall keep definitely separated from any other goods displayed at or within the store or place of business. The licensee shall confine all advertising signs or necessary reference to or calling attention to the sale to the display or displays of goods involved in the sale. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2428, 1951.)

A license granted pursuant to this chapter may not be renewed, except that the tax collector may, upon a verified application therefor, renew the said license for a period not to exceed 30 days upon the payment of a renewal fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading. The applicant for renewal shall submit a verified application therefor, and in such application shall set forth a complete list of goods listed in the original application. Upon receipt of such application, the tax collector shall cause an investigation to be made at once and, if satisfied of the truth of the statements therein contained, shall grant such renewal, which shall be enforced and signed as provided for the original license. The tax collector may renew any original permit in the manner above provided not to exceed two times. (Ord. 88-0126 § 26, 1988: Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2429, 1951.)

The tax collector shall not issue licenses or renewals which will allow the conduct of any sale or sales, as defined in this chapter, of any kind or kinds at any one location for more than 120 calendar days in any one 12-month period. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2430, 1951.)

In addition to the ground specified in Section 7.06.090 and Chapter 7.08 of this title, a license granted pursuant to this chapter may be revoked if:
A. The licensee has failed to include in the inventory required by the provisions of this chapter the goods, wares and merchandise, or any part thereof, required to be contained in such inventory;
B. The licensee has added, caused to be added, or permitted to be added any goods, wares or merchandise not described in the original inventory;
C. The licensee has violated any of the provisions of this chapter or of the laws pertaining to advertising. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 3 § 2451, 1951.)

The licensee shall keep suitable books and records and make them available at all times during the time of operation to the tax collector. At the close of business each day the licensee shall revise the stock list attached to the application and those items disposed of during such day shall be so marked thereon. (Ord. 88-0126 § 27, 1988: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art.3 § 2454, 1951.)

A license issued pursuant to this chapter shall be valid only for the advertising, representation and sale of the particular goods, wares and merchandise described in the original application therefor and at the particular time and particular place stated therein and by the particular applicant, and any renewal, replenishment or substitution of said goods, wares or merchandise, or change of such time or place for such sale, or change of person conducting the sale, shall be unlawful and shall render such license void. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2431, 1951.)

A person in contemplation of conducting any sale, as defined in this chapter, or during the continuance of such a sale, shall not order any goods, wares or merchandise for the purpose of selling them at such sale; and any unusual purchase or additions to the stock of such goods, wares or merchandise within 60 days before the filing of such application for a license to conduct such sale shall be presumptive evidence that such purchase or addition was made in contemplation of such sale and for the purpose of selling them at such sale. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2432, 1951.)

Any removal of any goods, wares or merchandise inventoried and described in the original application form from the place of sale mentioned in such application shall cause such goods to lose their identity as the stock of any of the sales defined herein, and the tax collector shall not issue a license for the conducting of a sale of any such goods, wares or merchandise in such a manner as to identify them to the street, street name, street numbers, or location referred to in the original application. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 3 § 2452, 1951.)

Each sale of goods, wares or merchandise as is not inventoried and described in the original application shall constitute a separate offense under this title. (Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 2 § 2433, 1951.)

Upon commencement and throughout the duration of any sale, as defined in Section 7.40.010, the licensee shall prominently display the license issued pursuant to this chapter near the entrance to the premises. The licensee shall cause to be available at all times to the tax collector a duplicate original of the application and stock list pursuant to which such license was issued, and shall permit the tax collector to examine all merchandise in the premises for comparison with such stock list. (Ord. 88-0126 § 28, 1988: Ord. 6472 § 3 (part), 1954: Ord. 5860 Ch. 13 Art. 3 § 2453, 1951.)