Section 4-10 DISTRESS AND SIMILAR SALES:

4-10
DISTRESS AND SIMILAR SALES:

4-10.1 Contents Of Application For Special Permit:

Each applicant for a special permit required by subsection 4-8.8d2 of this chapter to manage, conduct or carry on any closing out sale, going out of business sale, bankruptcy sale or any sale of a similar nature, shall state in the application whether or not the business, upon the conclusion of the sale, will wholly cease and terminate and, if the answer is in the negative, whether or not the business will be relocated in the City and, if so, the address of the new location and the approximate date such business will be open for business at the new location. (Code 1972 §17-81)

4-10.2 Verified Inventory To Be Submitted With Application.

The applicant for a special permit required by subsection 4-8.8h shall, at the time for making application for the special permit, submit a notarized inventory including the date of purchase of the goods, wares or merchandise to be sold at the proposed sale. (Code 1972 §17-82)

4-10.3 Issuance of Special Permit Conditions; Failure to Observe Conditions.

a. If in the application required by this section for a special permit, the statement is made that the business will wholly cease and terminate at the conclusion of the sale, or if the statement is made that the business will not wholly cease and terminate at the conclusion of the sale, the special permit, if one is granted, shall provide that the special permit is conditioned upon the business wholly ceasing to exist upon the conclusion of the sale and that the business shall not be reopened by the person who was the owner of the business at the date the special permit was granted, or by his personal representatives, successors or assigns in any location in the City for a period of six (6) months from the date of the conclusion of the sale. If the statement contained in the application is that at the conclusion of the sale the business will be relocated in the City upon the conclusion thereof, the business shall wholly cease and terminate at the location of the sale and neither the person who was the owner of the business on the date the special permit was granted, nor his personal representatives, successors or assigns shall reopen the same or a similar business at the location of such sale for at least six (6) months following the conclusion of the sale.

b. If the application required by this section for a special permit contains the statement that the business will wholly cease and terminate at the conclusion of the sale, or that at the conclusion of the sale the business will be reopened at another location in the City and the business is nevertheless continued at the location of the sale after the conclusion of the sale, either by the person who was the owner on the date the special permit was granted or by his personal representatives, successors or assigns, or the business is terminated or suspended at the conclusion of the sale but is reopened by the person who was the owner at the date the special permit was granted, or by his personal representatives, successors or assigns, at the same location within six (6) months from the date of the conclusion of the original sale, the owner, or his personal representatives, or his successors or assigns shall pay a license fee of one hundred ($100.00) dollars for each day, payable daily, that the business continues contrary to the representation in the application and such conditional special permit. This license fee shall be in addition to all other remedies that the City may have against such person.

(Code 1972 §17-83)

4-10.4 Duration of Special Permit.

No special permit required by subsection 4-8.8h shall be granted for more than sixty (60) days for the purpose of conducting the sale. (Code 1972 §17-84)

4-10.5 Articles Which May Be Included in Sale.