A license shall be issued to an applicant when the probate judge to whom the application for a going out of business sale or distress merchandise sale is made is satisfied after investigation and public hearing that: (1) The applicant intends to discontinue his business at the location designated in the application on the date specified therein if such sale is a going out of business sale; (2) The applicant’s inventory, on hand and on order, is not out of proportion to the stock normally carried by such applicant; (3) The applicant has not purchased or otherwise acquired goods, wares, or merchandise for the purpose of conducting a going out of business sale or distress merchandise sale; (4) The goods, wares, or merchandise to be offered for sale are those of a bona fide merchant of the State of Alabama; (5) No misrepresentation of the goods to be sold has been made or will be practiced; and (6) The applicant has complied with the provisions of this chapter in all other respects not specifically set forth in this section.
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