Legal Documents of Gatlinburg

It shall be unlawful for any person to falsely represent a sale as being a "going out of business" sale. A "going out of business" sale, for the purposes of this section, shall be a "fire sale", "bankruptcy sale", "loss of lease sale", or any other sale made in anticipation of the termination of a business at its present location. When any person after advertising a "going out of business" sale adds to his stock or fails to go out of business within ninety (90) days, he shall be prima facie deemed to have violated this section.

Any person desiring to hold a "going out of business" sale shall first file a written application for such a permit. The application shall contain the following:

1. The name, address, and occupation or business of the person, firm or corporation desiring to conduct such "going out of business" sale.
2. The location and address where such "going out of business" sale is to be conducted.
3. A statement showing the date or dates of said "going out of business" sale.
4. A statement showing dates and places of any other "going out of business" sales engaged in by the applicant for a period of two (2) years next preceding the date of application.
5. A list or schedule of inventory, stock and merchandise to be disposed of at such "going out of business" sale.
6. The names and addresses of all owners, partners, or stockholders in said business.
7. An affidavit by the applicant that he does not intend to re-open the same or similar business, either directly or indirectly, for a period of one (1) year from the date of such sale.

The application will be reviewed for approval by the city administration.

Any person granted a permit shall not be issued another such permit for a period of one (1) year from the date shown on such permit. The permit shall not be transferrable. Any person conducting a "going out of business" sale in violation of the provisions of this section shall be subject to a penalty in accordance with the general penalty clause of this code. (1976 Code, § 5-102)