§ 8-118. Permit—Required; issuance; application; fee.

(a)

No person shall advertise or offer for sale in the town a stock of goods, wares or merchandise under the designation of a going out of business, closing out sale or fire sale unless such person shall have obtained from the town a permit to advertise and conduct such sale. The applicant for such permit shall make application to the town clerk in writing at least five days prior to the opening date of such sale, showing all the facts relating thereto, the reasons for holding such sale and the character thereof including the opening and terminating dates of the proposed sale and all details necessary to locate and identify fully the goods, wares or merchandise to be sold. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, and whether by lease or sublease and the effective date of termination of such occupancy, the means to be employed in publishing such sale. Such application shall further contain, as part thereof, an itemized list of the goods, wares, and merchandise to be offered for sale.

(b)

Upon application for such permit, the town clerk may issue a permit upon the payment of a fee of as established by resolution of the town council and on file in the town clerk's office authorizing the applicant to advertise and conduct a sale of the particular kind mentioned in the application. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sublease, the effective date of the termination of such occupancy, the media to be employed in advertising such sale, the manner in which the stock was acquired, and if not purchased, the manner of such acquisition. Such application shall further contain any additional information which the town clerk may require. If an application is disapproved, such payment shall be retained as and for the cost of investigating the statements contained in such application, and the applicant.

(c)

The town clerk shall determine if the person or corporation that intends to conduct the sale owes any taxes with respect to the goods to be offered for sale. The town clerk may not issue a permit to such person or corporation until all delinquent taxes on such goods have been paid. If after such investigation she or he is satisfied as to the truth of the statements contained in such application, the town clerk may issue a permit permitting the publication and conduct of such sale on the following terms:

(1)

The permit shall authorize the sale described in the application for a period of not more than 60 consecutive days, counting Sundays and legal holidays following the issuance thereof.

(2)

The permit shall authorize only the one type of sale described in the application at the location named therein.

(3)

The permit shall authorize only the sale of goods described in the inventory attached to the application.

(d)

Any permit herein provided for shall not be assignable or transferable.

(e)

Upon commencement of a sale, the permit issued shall be prominently displayed near the entrance to the premises. Duplicate originals of the application, the stock list pursuant to which the permit was issued, and the permit shall be forwarded to the town clerk, who may examine all merchandise in the premises for comparison with the stock list.

(Code 1972, § 9A-2; Code 1991, § 4-119; Ord. of 8-8-1981(4))

State law reference

Regulation of sales, F.S. § 559.21; fees, F.S. § 559.23.