§ 53-3. Application of regulations., Chapter 53. Going-Out-Of-Business Sales, Ordinances, Code of Ordinances, Norwalk

Provisions supplement general licensing ordinance. The provisions of this ordinance are intended to augment and be in addition to the provisions of §§ 77-1 to 77-26 of the Code of the City of Norwalk. Where this ordinance imposes a greater restriction upon persons, premises, businesses or practices than is imposed by said §§ 77-1 to 77-26, inclusive, this ordinance shall control.

Established business requisite; exception.

(1)

Established business requisite. 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 three months prior to the date of the proposed sale shall not be granted a license.

(2)

Exception for survivors of businessmen. Upon the death of a person doing business in this city, his or her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.

Interval between sales. 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.

Restricted location. 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 that 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.

Persons exempted. The provisions of this ordinance 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.

(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 ordinance have not been complied with.

Editor's Note: Former Subsection E(4), which exempted persons conducting sales on the effective date of this ordinance from the provisions of this ordinance, was repealed 6-27-1989, which ordinance also redesignated former Subsection E(5) as Subsection E(4).