ARTICLE III. SPECIAL LICENSES.

Sec. 14-29. Going out of business sales.

(a) License to conduct required. It shall be unlawful for any person to advertise, or conduct, a special sale for the purpose of discontinuing a retail business, or to modify the word "sale" in any advertisement with the words "going out of business" or any other words which tend to insinuate that the retail business is to be discontinued and the merchandise liquidated, unless such person obtains a license to conduct such sale, as prescribed by this section. Any person who advertises such sale shall conspicuously include in the advertisement the license number assigned for the sale and the effective dates of the sale as authorized in such license.

(b) Time requirement for applications. Applications for special sale licenses required by subsection (a) above shall be filed with the commissioner of the revenue at least fourteen (14) days prior to the date of such sale.

(c) Oath, form and required information. Applications for special sale licenses shall be under oath, shall be on a form approved and provided by the commissioner of the revenue, and shall contain the following:

(1) The trade name of the business concerned.

(2) The names of all owners of the business concerned.

(3) The address of the usual place of business.

(4) A statement that the requested sale will be in connection with a complete and permanent liquidation of the business or a specific portion thereof.

(5) The date by which the business, or the specified portion thereof, is expected to cease retail operations in the county.

(6) The name of the person conducting the sale, if different from the owners.

(7) The legal address of the place where such sale is to be conducted.

(8) An inventory, including kind and quantity, of all goods which are to be offered for sale during such special sale.

(9) A copy of any advertisements to be used for the sale.

(d) Fee. A fee of sixty-five dollars ($65.00) shall accompany such application. Such fee shall be deposited in the general fund of the county.

(e) Issuance. The commissioner of the revenue shall issue such special sale license if the application for such license is in conformity with the provisions of this section.

(f) Length of license: additional licenses. Each special sale license shall be valid for a period of no longer than sixty (60) days, and any extension of that time shall constitute a new special sale and shall require an additional license and inventory. A maximum of one (1) additional license beyond the initial sixty-day license shall be granted solely for the purpose of liquidating only those goods contained in the initial inventory list and which remain unsold.

(g) Authority to inspect. The commissioner of the revenue shall cause inspections to be made of such special sale to ensure that such sale shall be conducted in conformity with the provisions of this section.

(h) Commingling other goods with special sale goods prohibited. It shall be unlawful for any person to advertise at a reduced price or to sell any goods at a reduced price during a special sale, as defined in subsection (a) above, other than those goods listed in the inventory required by subsection (c) above. Goods not included on the inventory of special sale goods shall not be commingled with or added to the special sale goods. The special sale license may be revoked upon receipt of evidence that goods not appearing on the original inventory of special sale goods have been commingled with or added to the special sale goods.

(i) Penalty for violation. Any person, who is convicted of violating any provision of this Article shall be guilty of a Class 1 misdemeanor.