ARTICLE I. - IN GENERAL#

Sec. 30-1. - Auction sales in streets.#

(a) No person shall sell or offer for sale at public auction, on the streets or sidewalks of the city, any goods, wares, merchandise, household furniture or other article or thing whatsoever, except real estate.§

(b) Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.

(Code 1963, § 32-1)

Cross reference—Streets, Ch. 33.

Sec. 30-2. - Permit for garage sales; signs advertising such sales.#

(a) No person shall conduct any sales, commonly known as garage sales, backyard sales, yard sales and the like, at which is offered for sale secondhand or used clothing, merchandise or any used articles of whatsoever character, without first obtaining a permit therefor from the city treasurer.§ The applicant shall pay the sum of one dollar ($1.00) for such permit. Any permit issued hereunder shall be valid only on the scheduled date of the sale which shall be reflected on the permit. The permit shall not be transferable.

(b) No permit shall be issued under this section to any individual or member of the immediate family residing in the same household, nor for sales to be conducted on any residential property, more than six (6) times per calendar year.§

(c) No signs advertising a sale authorized by a permit issued under this section shall be placed on any property other than that of the residence of the person conducting such sale.§

(d) A violation of this section shall constitute a Class 4 misdemeanor.

(Ord. No. 79-20, 8-28-79; Ord. No. 82-15, 8-24-82)

Cross reference—Advertising, Ch. 3.

ARTICLE II. - AUCTION SALES#

DIVISION 1. - GENERALLY#

Sec. 30-21. - Violations of article.#

Except as otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor.

Sec. 30-22. - Auction sales prohibited; exceptions.#

It shall be unlawful for any person to sell, dispose of or offer for sale in the city, at public auction, or cause or permit to be sold, disposed of or offered for sale at public auction in the city, any diamonds or precious or semiprecious stones and imitations thereof, watches, clocks, jewelry, gold, silver, plated ware, china, glassware, art goods, rugs, tapestries or leather goods, whether the same shall be his own property or whether he sells the same as agent or employee of others; provided, however, that this section shall not apply to judicial sales, sales by any executor, administrator or trustee under deed of assignment, sales by or in behalf of licensed pawnbrokers in the manner prescribed by law, or closing-out sales as set forth in this article.

(Code 1963, § 32-2)

DIVISION 2. - CLOSING-OUT SALES AT PUBLIC AUCTION#

Footnotes: --- (1) ---

Cross reference—License tax for auctioneers, § 20-43.

State Law reference—Auction sales of jewelry and certain other articles, Code of Virginia, §§ 54-795—54-808; "going-out-of-business" sales, §§ 18.2-223, 18.2-224.

Sec. 30-36. - License required.#

It shall be unlawful for any person to hold a closing-out sale at public auction of diamonds or precious or semiprecious stones and imitations thereof, watches, clocks, jewelry, gold, silver, plated ware, china, glassware, art goods, rugs, tapestries or leather goods unless he shall first have obtained a license therefor from the commissioner of the revenue.

(Code 1963, § 32-3)

Cross reference—Licenses generally, Ch. 20.

Sec. 30-37. - Application for license generally.#

Any person desiring a license required by section 30-36 shall file an application therefor, sixty (60) days prior to the opening day of such closing-out sale at public auction, with the commissioner of the revenue of the city. Such application shall make the following showing:

(1) That the applicant has been continuously in business in the city as a retail or wholesale merchant for the sale of diamonds or precious or semiprecious stones and imitations thereof, watches, clocks, jewelry, gold, silver, plated ware, china, glassware, art goods, rugs, tapestries or leather goods for a period of at least two (2) years next preceding such application.

(2) That the applicant, at the time of making such application, shall have owned the goods to be sold for a period of at least six (6) months prior to the date of such application, and that the goods have been in the city for at least six (6) months prior to the date of such application.

(3) That the applicant is making a bona fide closing-out sale and is retiring from business in the city and will not engage in a like business in the city for a period of at least one (1) year thereafter.

(4) That a closing-out sale at public auction has not been held by the applicant, either as an individual or as a member of a copartnership, or as an officer of a corporation, at any time within twelve (12) months next preceding such application.

(5) That the closing-out sale at public auction shall be conducted by, and the auctioneering carried on by, the actual owner, manager or officer of the applicant, who shall have been such owner, manager or officer for a period of two (2) years prior to such auction sale, or by a licensed auctioneer of the city who shall have been licensed as an auctioneer at least one year next preceding such application.

(Code 1963, § 32-4)

Sec. 30-38. - Inventory of articles to be sold.#

Attached an application filed pursuant to section 30-37 shall be a full and true inventory of all articles to be sold and a complete description thereof, showing the make, serial number and such other information as may be required. To such attached list shall be an affidavit made by the applicant that such list contains a true statement of all the articles to be sold and that none were purchased by the applicant less than six (6) months from the date of the application, and that all goods were in the city at least six (6) months prior to the date of the application.

(Code 1963, § 32-5)

Sec. 30-39. - Bond required.#

Any person filing an application, as provided in section 30-37, shall file with the application a good and sufficient bond in the sum of twenty-five hundred dollars ($2,500.00), conditioned upon the observance of the provisions of this division, and for the indemnification of any purchaser at such closing-out sale at public auction suffering loss by reason of fraud or misrepresentation in the sale of any article and as indemnity to any and all persons in any manner who may sustain monetary loss in any contractual or other relation as a result of the conduct of any closing-out sale at public auction during the time an auction is in progress.

(Code 1963, § 32-6)

Sec. 30-40. - Issuance of license.#

Upon the filing, in proper form, of an application for a license under this division, accompanied by the requisite inventory and the requisite bond, the commissioner of the revenue shall issue the requisite license to the applicant.

(Code 1963, § 32-7)

Sec. 30-41. - Continuity, duration and hours of sale.#

Closing-out sales at public auction, for which a license is issued under this division, shall be held continuously from day to day and shall not continue longer than thirty (30) days, Sundays and legal holidays excepted, and shall be held only between the hours of 9:00 a.m. and 5:00 p.m.

(Code 1963, § 32-8)

DIVISION 3. - CLOSING-OUT SALES NOT AT PUBLIC AUCTION#

Footnotes: --- (2) ---

State Law reference—"Going-out-of-business" sales, Code of Virginia, §§ 18.2-223, 18.2-224.

Sec. 30-56. - License required.#

It shall be unlawful for any person to hold a closing-out sale, not at public auction, of diamonds or precious or semiprecious stones and imitations thereof, watches, clocks, jewelry, gold, silver, plated ware, china, glassware, art goods, rugs, tapestries or leather goods, unless he shall first have obtained a license therefor from the commissioner of the revenue.

(Code 1963, § 32-9)

Sec. 30-57. - Application for license.#

Any person desiring a license required by section 30-56 shall file an application therefor, sixty (60) days prior to the opening day of such closing-out sale not at public auction, with the commissioner of the revenue of the city. Such application shall make the following showing:

(1) That the applicant has been continuously in business in the city as a retail or wholesale merchant for the sale of diamonds, precious or semiprecious stones and imitations thereof, watches, clocks, jewelry, gold, silver, plated ware, china, glassware, art goods, rugs, tapestries or leather goods for a period of at least one year next preceding such application.

(2) That the applicant, at the time of making such application, shall have owned the goods to be sold for a period of at least sixty (60) days prior to the date of such application, and that the goods have been in the city for at least sixty (60) days prior to the date of such application.

(3) That the applicant is making a bona fide closing-out sale and is retiring from business in the city and will not engage in a like business in the city for a period of at least one (1) year thereafter.

(4) That a closing-out sale not at public auction has not been held by the applicant, either as an individual, as a member of a copartnership or as an officer of a corporation, at any time within three (3) years next preceding such application;

(5) That the closing-out sale not at public auction shall be conducted and carried on by the actual owner, manager or officer of the applicant, who shall have been such owner, manager or officer for a period of at least one year prior to such closing-out sale not at public auction.

(Code 1963, § 32-10)

Sec. 30-58. - Inventory of articles to be sold.#

Attached to an application filed pursuant to section 30-57 shall be a full and true inventory of all articles to be sold and a complete description thereof, showing the make, serial number and such other information as may be required. To such attached list shall be an affidavit made by the applicant that such list contains a true statement of all the articles to be sold and that none were purchased by the applicant less than sixty (60) days from the date of the application and that all goods were in the city at least sixty (60) days prior to the date of the application.

(Code 1963, § 32-11)

Sec. 30-59. - Bond.#

Any person filing an application for a license under this division shall file with the application a good and sufficient bond, in the sum of twenty-five hundred dollars ($2,500.00), conditioned upon the observance of the provisions of this division and for the indemnification of any purchaser at such sale suffering loss by reason of fraud or misrepresentation in the sale of any article and as indemnity to any and all persons in any manner who may sustain monetary loss in any contractual or other relation as a result of the conduct of any closing-out sale not at public auction during the time such sale is in progress.

(Code 1963, § 32-12)

Sec. 30-60. - Issuance of license.#

Upon the filing in proper form of an application for a license under this division, accompanied by the requisite inventory and the requisite bond, the commissioner of revenue shall issue the license to the applicant.

(Code 1963, § 32-13)

Sec. 30-61. - Continuity, duration and hours of sale.#

Closing-out sales not at public auction, for which a license is issued under this division, shall be held continuously from day to day and shall not continue longer than thirty (30) days, Sundays and legal holidays excepted, and shall be held only between the hours of 9:00 a.m. and 5:00 p.m.

(Code 1963, § 32-14)

ARTICLE III. - FIRE, GOING-OUT-OF-BUSINESS, ETC., SALES#

Footnotes: --- (3) ---

State Law reference—"Going out of business" sales, Code of Virginia, § 18.2-223; municipal permit for special sales, Code of Virginia, § 18.2-224.

Sec. 30-76. - Definitions.#

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Fire and other altered goods sale. The term "fire and other altered goods sale" shall mean a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.

Going-out-of-business sale. The term "going-out-of-business sale" shall mean a sale held out in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued, including, but not limited to, the following sales: Adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrators; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditor's; executor's; final days; forced out; forced out of business; insolvents'; last days; lease expires; liquidation; loss of lease; mortgage; receiver's; trustee's; quitting business.

Goods. The word "goods" shall include any goods, wares, merchandise or other property capable of being the object of a sale regulated under this article.

Removal of business sale. The term "removal of business sale" shall mean a sale held out in such a manner as to reasonably 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 in the city or will then continue business from other existing locations in the city.

(Code 1963, § 32-15)

Sec. 30-77. - Violations of article.#

Except as otherwise specifically provided in this article, any person violating any provision of this article shall be guilty of a Class 1 misdemeanor.

Sec. 30-78. - Exemptions from article.#

The provisions of this article shall not apply to or affect the following:

(1) Persons acting pursuant to an order or process of a court of competent jurisdiction.

(2) Persons acting in accordance with their powers and duties as public officials.

(3) Duly licensed auctioneers, selling at auction.

(4) Persons conducting a sale for which a license is required under division 2 or 3 of

ARTICLE II. - SALE OF MERCHANDISE#

Sec. 30-79. - Construction and intent of article with relation to chapter 20.#

The provisions of this article shall be construed to supplement chapter 20. The provisions of this article are intended to augment and be in addition to the provisions of chapter 20. Where this article imposes a greater restriction upon persons, premises, businesses or practices than is imposed by chapter 20, this article shall control.

(Code 1963, § 32-29)

Sec. 30-80. - Inventory to be available.#

The holder of a license issued under this article shall keep available, at the place of sale, a duplicate copy of the inventory submitted pursuant to section 30-98 and present such duplicate to inspecting officials upon request.

(Code 1963, § 32-33)

Sec. 30-81. - Separation of uninventoried goods and tagging of inventoried goods.#

The holder of a license issued under this article shall keep any goods not listed in the inventory submitted pursuant to section 30-98 separate and apart from the goods that are listed in such inventory, and shall make such distinction clear to the public, by placing tags on all inventoried goods in and about the place of sale apprising the public of the status of all such goods.

(Code 1963, § 32-34)

Sec. 30-82. - Sale of uninventoried goods.#

It shall be unlawful for any person conducting a sale pursuant to a license issued under this article to sell any goods which are not described in the inventory required by section 30-98 and no additions whatsoever shall be made, during the period of the licensed sale, to the stock of goods set forth in such inventory.

(Code 1963, §§ 32-24, 32-30)

Sec. 30-83. - Conformity with advertising.#

The holder of a license issued under this article shall conduct the licensed sale in strict conformity with any advertising or holding out incident thereto.

(Code 1963, § 32-32)

Cross reference— Advertising, Ch. 3.

Sec. 30-84. - False advertising.#

It shall be unlawful for the holder of a license issued under this article to employ any untrue, deceptive or misleading advertising in connection with the sale authorized by such license.

(Code 1963, § 32-31)

Cross reference— False advertising generally, § 3-21 et seq.

Sec. 30-96. - License required.#

A license issued by the commissioner of the revenue 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 one (1) of the following kinds:

1. Going-out-of-business sale.
2. Removal of business sale.
3. Fire and other altered stock sale.

(Code 1963, § 32-16)

Cross reference— Licenses generally, Ch. 20.

Sec. 30-97. - Application generally.#

A person desiring a license required by this division shall file a written application therefor with the commissioner of revenue setting forth and containing the following information:

1. The true name and address of the owner of the goods to be the object of the sale.
2. The true name and address of the person from whom the applicant purchased the goods to be sold and the price therefor and, if not purchased, the manner of such acquisition.
3. A description of the place where the sale in question is to be held.
4. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
5. The dates and the period of time in which the sale in question is to be conducted.
6. A full and complete statement of the facts in regard to the sale in question, including the reason for the urgent and expeditious disposal of goods thereby, and the manner in which the sale will be conducted.
7. The means to be employed in advertising such sale, together with the proposed content of any advertisement.

(Code 1963, § 32-17)

Sec. 30-98. - Inventory to accompany application.#

(a) Each application for a license under this division shall be accompanied by a complete and detailed inventory of the goods to be sold at the sale in question, as disclosed by the applicant's records. Such inventory shall be attached to and become part of the required application.

(b) All goods included in the inventory provided for in this section shall have been purchased by the applicant in question for resale on bona fide orders, without cancellation privileges, and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of the conduct of a sale regulated under this article. Any unusual purchase or additions to the stock of goods of the business in question, within ninety (90) days before the filing of the license application, shall be deemed to be of such character.

(Code 1963, §§ 32-17, 32-18)

Sec. 30-99. - Qualifications of applicant.#

(a) Any person who has not been the owner of a business advertised or described in the application for a license under this division for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license; provided, however, that upon the death of a person doing business in this city, his heirs, devisees or legatees shall have the right to apply any time for a license under this division.

(b) Any person who has held a sale under this article at the location stated in an application filed pursuant to this division, within one (1) year last past from the date of such application, shall not be granted a license under this division.

(Code 1963, §§ 32-19, 32-22)

Sec. 30-100. - Fee.#

The fee for a license required by this division shall be as follows:

1. If, within one (1) month after the close of the year for which all required city license taxes have been paid, a person holding such licenses should elect not to renew them, but desires the privilege of selling whatever goods he may have had on hand January first, such person, upon submitting his application to the commissioner of the revenue under this division, shall pay a license fee of fifty-five dollars ($55.00), plus fifty-five cents ($0.55) on each one hundred dollars ($100.00) of the retail value of such goods as were on hand on January first and shown on the inventory provided for in section 30-98.

2. Any person applying for a license under this division to conduct a sale that will be completely concluded prior to 12:00 midnight, December thirty-first, and who has paid all lawful license taxes required of such person for the calendar year in which such sale will be completely concluded, shall, upon submitting his application to the commissioner of the revenue under this division, pay a license fee of ten dollars ($10.00).

3. Any person described in subparagraph (2) of this section, applying for a renewal license that shall expire on or before 12:00 midnight, December thirty-first, shall submit to the commissioner of the revenue, with his renewal application, a renewal license fee of seven dollars and fifty cents ($7.50).

4. Where any sale for which a license is required by this division commences in the latter part of one (1) calendar year and extends into the next calendar year, the license fee for that portion extending into the next calendar year shall be based upon subparagraph (1) of this section.

(Code 1963, § 32-20)

Cross reference— License tax for persons selling merchandise purchased at court sale outside of city, § 20-81.

Sec. 30-101. - Issuance.#

A license applied for under this division shall be issued by the commissioner of the revenue, if the applicant pays the required fee and complies with, and meets the qualifications prescribed by, the provisions of this division.

Sec. 30-102. - Surrender of business licenses upon issuance.#

Upon the issuance, under this division, of a license for the conduct of a going-out-of-business sale, the licensee in question shall surrender to the commissioner of the revenue all other business licenses he may hold at that time applicable to the location and goods covered by the application pursuant to which the license in question for the conduct of a going-out-of-business sale was issued.

(Code 1963, § 32-25)

Sec. 30-103. - Not transferable.#

Licenses issued under the provisions of this division shall not be assignable or transferable.

(Code 1963, § 32-26)

Sec. 30-104. - Authorizes only one type of sale and is limited to one location.#

(a) A license issued under this division shall authorize only the one type of sale described in the application in question and at the location named therein.

(b) Where a person applying for a license under this division 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 other store or branch shall advertise or represent that it is cooperating with, 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, or participating in any way, in the licensed sale.

(Code 1963, §§ 32-22, 32-23)

Sec. 30-105. - Term; renewal.#

(a) A license issued under this division shall authorize the sale described in the application pursuant to which the license was issued for a period of not more than sixty (60) consecutive days, Sundays and legal holidays excluded, following the commencing date stated in the license.

(b) The commissioner of the revenue shall renew a license issued under this article for one period of time only, such period to be in addition to the sixty (60) days permitted in the original license and not to exceed sixty (60) consecutive days, Sundays and holidays excluded, when he finds:

1. That the licensee has filed an application for renewal; and
2. That the licensee has submitted with the application for renewal a revised inventory showing the items listed in the original inventory remaining unsold and not listing any goods not included in the original application and inventory.

For the purposes of this section, any application for a license under the provisions of this article covering any goods previously inventoried, as required hereunder, shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person.

(Code 1963, §§ 32-21, 32-27)