Las Vegas City Ordinances, November 13, 1950 to August 6, 1958, lvc000015-472

(5) Any publisher of a newspaper, magazine or other publication, who publishes in good faith, any advertisement, without knowledge of its false, deceptive or misleading character, or with­out knowledge that the provisions of this ordinance have not been complied with. SECTION APPLICATION FOR LICENSE. Any person desiring to conduct a distress merchandise sale shall make written application to the License Officer at least thirty (30) days prior to the date on which said sale is to commence, on blanks furnished by the License Officer and verified by the applicant before a person authorized to administer oaths. Each application shall contain the following information and such other information as the License Officer may deem necessary. 1. The name and address of the owner of the goods, wares, or merchandise to be the object of the sale and if the sale is to be conducted by a person not the owner of the goods, then the name of the person conducting such sale. 2. A description of the place where such sale is to be held. 3. The nature of the occupancy of the place where such sale is to be held, whether by lease or otherwise, and the effective date of termination of such occupancy. 4. A full and complete statement of the facts regarding the distress merchandise sale, including the reason why such sale is being conducted, the manner in which such sale will be conducted, and the commencement and termination date of such sale. 5. The means to be employed in advertising such sale, together with the content of any proposed advertisement. 6. A complete and detailed inventory of the goods, wares, and merchandise to be offered for sale, as disclosed by applicants records. Said inventory shall be attached to and become a part of the required application. 7. The place where such stock was purchased or acquired and the terms and conditions of such acquisition, and in the case of stock placed upon the premises within 90 days prior to such sale, the time of acquisition of such stock. 8. A statement that all goods included in such inventory were purchased by the applicant for re­sale on bona fide orders without cancellation privileges and not goods purchased on consignment or goods ordered in contemplation of conducting a distressed merchandise sale as defined herein. Any unusual purchases, or additions to the stock of goods of the business hereby affected within 60 days before the filing of an application shall be deemed to be of such character. SECTION 6. INVESTIGATION OF APPLICATION. GROUNDS FOR DENIAL OF LICENSE. Upon receipt of the application to License Officer shall cause an investigation to be made of all of the facts contained therein. No license shall be issued if any one or more of the following facts or circumstances are found to exist: 1. That the inventory contains goods, wares, or merchandise not purchased by the applicant for re­sale on bona fide orders without concellation privileges. 2. That the inventory contains goods, wares, or merchandise purchased by the applicant on con­signment. 3. That the applicant either directly or indirectly and within five years prior to the date of the filing of the application, conducted a sale in connection with which he advertised or re­presented that the entire business conducted at the location designated in the application was to be closed out or terminated. 4. That the applicant was granted a license hereunder within three (3) years preceding the date of the filing of the application. 5. That the applicant has heretofore been convicted of a violation of this Ordinance or had had a license issued to him pursuant to this Ordinance revoked within a five (5) year period immediately preceding the date of the present application for license. 6. That the goods, wares, or merchandise described in the inventory were transferred or assigned to the applicant for less than an adequate consideration. 7. That the inventory contains goods, wares, or merchandise purchased by the applicant or added to his stock in contemplation of such sale and for the purpose of selling the same at such sale. For the purpose of this subparagraph any unusual addition to the stock of such goods, wares, or merchandise made within sixty C60) days prior to the filing of such application shall be prima facie evidence that such addition was made in contemplation of such sale and for the purpose of selling the same at such sale. 8. That the applicant has not been in business at the location described in the application for at least one year prior to the date of the filing of the application. 9. That any representation made in said application is not true or any advertisement proposed to be used in connection with said sale is misleading. SECTION 7. ISSUANCE OF LICENSE. CONDITIONS THEREOF. When it appears that all the statements in the application are true and that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of this Ordinance, and that the required license fee has been paid, the License Officer shall issue a license to the applicant authorizing said applicant to advertise and conduct the sale as described in the application, subject to the following conditions.