LICENSE

Atlanta City Code pt. II, ch. 58, art. III, div. 2

in effect

Atlanta City Code § 58-81 Required.

Sec. 58-81. - Required. A license issued by the chief financial officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following: (1) Going out of business sale; (2) Removal of business sale; or (3) Fire and other altered stock sale. (Code 1977, § 14-5123)

Atlanta City Code § 58-82 Exemptions.

Sec. 58-82. - Exemptions. This division shall not apply to or affect the following: (1) Persons acting pursuant to an order or process of a court of competent jurisdiction or any person forced to vacate the premises because of eminent domain procedures or the threat of eminent domain. (2) Persons acting in accordance with their powers and duties as public officials. (3) Duly licensed auctioneers, selling at auction. (4) Any publisher or newspaper, magazine or other publication that publishes in good faith any advertisement without knowledge of its false, deceptive or misleading character or without knowledge that this article has not been complied with. (Code 1977, § 14-5124)

Atlanta City Code § 58-83 Application.

Sec. 58-83. - Application. A person desiring to conduct a sale regulated by this article shall make a written application to the chief financial officer setting forth and containing the following information: (1) The true name and address of the owner of the goods to be the object of the sale; (2) The true name and address of the person from whom the applicant purchased the goods to be sold and the price therefor and if not purchased the manner of acquisition; (3) A description of the place where the sale is to be held; (4) The nature of the occupancy, whether by lease or sublease and the effective date of the termination of the occupancy; (5) The dates of the period of time in which the sale is to be conducted; (6) A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which it will be conducted; (7) The means to be employed in advertising the sale, together with the proposed content of any advertisement; and (8) A complete and detailed inventory of the goods to be sold at the sale as disclosed by the applicant's records. The inventory shall be attached to and become part of the required application. (Code 1977, § 14-5125)

Atlanta City Code § 58-84 Issuance prerequisites.

Sec. 58-84. - Issuance prerequisites. (a) Established business. Any person who has not been the owner of a business advertised or described in the application for a license under this division for a period of at least 12 months prior to the date of the proposed sale shall not be granted a license under this division. (b) Exception for survivors of deceased businessperson. Upon the death of a person doing business in this city, the person's heirs, devisees or legatees shall have the right to apply at any time for a license under this division. (Code 1977, § 14-5126)

Atlanta City Code § 58-85 Fees.

Sec. 58-85. - Fees. Any applicant for a license under this division shall submit to the chief financial officer with the application a license fee of $100.00 to cover a 30-day sale. Any applicant for a renewal license under this division shall submit to the chief financial officer with the renewal application a renewal license fee of $100.00 to cover an additional 30 days. The renewal license may be granted at the discretion of the chief financial officer. (Code 1977, § 19-14.017)

Atlanta City Code § 58-86 Interval between sales.

Sec. 58-86. - Interval between sales. (a) Any person who has held a sale, as regulated under this article, at the location stated in the application within one year last past from the date of the application shall not be granted a license. (b) Whenever any person who has commenced a sale under this article at the location stated in the application shall determine within the licensing period that due to circumstances beyond the person's reasonable control the person will be unable to discontinue the person's business as originally intended, the licensee shall immediately cease all advertising and notices of such sale and shall document the pertinent facts and transmit them in writing to the chief financial officer. (c) If the chief financial officer determines that the going out of business sale was undertaken in good faith and not completed due to circumstances beyond the reasonable control of the licensee, the chief financial officer may reinstate the gross receipts business license which was surrendered by the licensee to obtain a going out of business sale license. However, in such event the licensee shall forfeit any fee paid for the going out of business sale license and shall include all revenues received during the authorized term of the sale. (Code 1977, § 14-5131)

Atlanta City Code § 58-87 Location of sale restricted.

Sec. 58-87. - Location of sale restricted. When a person applying for a license under this division 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. (Code 1977, § 14-5232)

Atlanta City Code § 58-88 Effect of issuance.

Sec. 58-88. - Effect of issuance. A license shall be issued under this division on the following terms: (1) Licensing period. The license shall authorize the sale described in the application for a period of not more than 30 consecutive days, Sundays and legal holidays excluded, following the issuance thereof. (2) Renewal procedure. The chief financial officer shall renew a license for one period of time only in addition to the 30 days permitted in the original license and not to exceed 30 consecutive days, Sundays and holidays excluded, when the chief financial officer finds that: a. Facts exist justifying the license renewal. b. The licensee has filed an application for renewal. c. The licensee has submitted with the application for renewal a revised inventory showing the items listed on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. For the purpose of this subsection, any application for a license under this division covering any goods previously inventoried as required under this article shall be deemed to be an application for renewal, whether presented by the original applicant or by any other person. (3) Nature of sale. The license shall authorize only the type of sale described in the application at the location named therein. (4) Saleable goods. The license shall authorize the sale of goods described in the inventory attached to the application. (5) Surrender of general licenses. Upon being issued a license under this division for a going out of business sale, the licensee shall surrender to the chief financial officer all other business licenses the licensee may hold at the time applicable to the location and goods covered by the application for a license under this division. (6) Transferability. Any license provided for in this division shall not be assigned or transferable. (Code 1977, § 14-5129)

Source: City of Atlanta, Code of Ordinances (Charter and Related Laws, General Ordinances, Land Development Code) (Municode Library, library.municode.com)URL: https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH58COPR_ARTIIICLSISA_DIV2LIFetched: 10/28/2026