Upon receipt of an application, the clerk shall forward a copy of the application to the district attorney of the same district the court clerk is located in who may cause an investigation as deemed necessary for the facts contained therein. No license shall be issued by the clerk before ten (10) days has elapsed from the filing of the application within which period the district attorney may file an objection to the application, setting forth one or more of the following facts or circumstances, any one which shall be grounds for denying the application for a license:
1. That the applicant has been granted more than one license for a "closing out sale" within thirty-six (36) months preceding the date of the filing of the application;
2. That the inventory includes goods, wares or merchandise on consignment or purchased by the applicant or added to the stock in contemplation of a closing out sale and for the purpose of selling the same at such sale. For the purpose of this paragraph, any unusual addition to the stock of goods, wares and merchandise made within ninety (90) days prior to the filing of an application, unless so stated and explained in the application, shall be prima facie evidence that such addition was made in contemplation of a closing out sale and for the purpose of selling such stock at the sale;
3. That the applicant, in the ticketing of the goods, wares and merchandise to be offered at the sale, has misrepresented the value and original retail price of the goods; or
4. That any representation made in the application is false.
Added by Laws 1979, c. 145, § 5, eff. Oct. 1, 1979. Amended by Laws 2012, c. 258, § 2, emerg. eff. May 15, 2012.
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