This subchapter does not apply to or include the following:
(A) The sale of secondhand goods where all of the following conditions are present:
(1) The sale is held on property occupied as a dwelling by the seller, or owned, rented or leased by a charitable or political organization;
(2) The items offered for sale are owned by the occupant;
(3) The sale does not exceed a period of 72 consecutive hours;
(4) Not more than two sales are held either by the same person or on the same property, as defined in division (A)(1) above, in any 12-month period; and
(5) None of the items offered for sale have been purchased for resale or received on consignment for purposes of resale.
(B) Sales by a person licensed as a motor vehicle dealer;
(C) The sale of secondhand books, magazines, sound or video recordings or films;
(D) The sale of goods at an auction held by a licensed auctioneer;
(E) The business of buying or selling only those secondhand goods taken as part of full payment for new goods, and where the business is incidental to and not the primary business of a person;
(F) A bulk sale of property from a merchant, manufacturer or wholesaler having an established place of business or of goods sold at open sale from bankrupt stock;
(G) Goods sold at a public market;
(H) Goods sold at an exhibition; and
(I) The sale of secondhand goods by a secondhand goods dealer on property where no pawnbroker license is required.
(Ord. 332, passed 5-19-2008)