3-1B-2: APPLICABILITY OF REGULATIONS:

Except as to an application for a fire and other altered goods sale made within thirty (30) days from the date such goods were damaged by fire, smoke, water or other like causes or means:

   A.   Persons Available To Apply: Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a license, except that on the death of a person doing business in this City, his or her heirs, devisees or legatees shall have the right to apply for a license hereunder.

   B.   Sales Within One Year: Any person who has held a sale, as regulated hereunder, at the location stated in the application within one year last past from the date of such application shall not be granted a license.

   C.   Branch Businesses: Where a person applying for a license hereunder 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 it is cooperating with it, 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 it or participating in any way in the licensed sale.

   D.   Persons Not Affected: The provisions of this article shall not apply to or affect the following persons:

      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; or

      4.   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 article have not been complied with. (1952 Code § 5-01-03)