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721.03 APPLICATION OF REGULATIONS; EXEMPTIONS.
   (a)   Provisions Supplement General Licensing Ordinance. The provisions of this chapter are intended to augment and be in addition to the provisions of any general licensing ordinance or other ordinance of this City, now or hereafter enacted. Where this chapter imposes a greater restriction upon persons, premises, business or practices than is imposed by any other ordinance of this City, this chapter shall control.
   (b)   Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a permit required by the provisions of this chapter for a period of at least six (6) months prior to the date of the proposed sale shall not be granted a permit, except that upon the death of a person doing business in this City, his heirs, devisees or legatees shall have the right to apply for a permit hereunder to sell, at the business location of such deceased person, goods owned by such person at the time of death.
   (c)   Interval Between Sales. Any person who has held a sale as regulated by this chapter at the location stated in the application, within eighteen (18) months last past from the date of such application, or within six (6) months at any other location in the City, shall not be granted a permit.
   (d)   Restricted Location. Where a person applying for a permit hereunder operates more than one (1) place of business, the permit issued shall apply only to the one (1) 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 authorized sale, nor shall the store or branch conducting the authorized sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the authorized sale.
   (e)   Persons Exempted. The provisions of this chapter shall not apply to or affect the following persons:
      (1)   Persons acting pursuant to an order or process of a court of competent jurisdiction;
      (2)   Persons acting in accordance with their powers and duties as public officials;
      (3)   Duly licensed auctioneers selling at auction at a sale which does not exceed one (1) day;
      (4)   Any publisher of a newspaper, magazine or other publication who publishes in good faith any advertisement, without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been complied with.
         (Ord. 67-1962. Passed 12-3-62.)
721.04 PERMIT FEE.
   Any applicant for an original or renewal permit for a going-out-of-business, removal of business, fire and other altered goods sale or sale of a similar character shall submit to the Mayor or designee with his application a fee of twenty-five dollars ($25.00).
(Ord. 67-1962. Passed 12-3-62; Ord. 153-2021. Passed 12-6-21.)
721.05 BOND REQUIRED.
   Each applicant for a permit for a going-out-of-business, removal of business, fire and other altered goods sale or sale of a similar character shall execute and file with the Mayor or designee a good and sufficient bond in the sum of two thousand five hundred dollars ($2,500) with two (2) or more sureties thereon who shall be freeholders within Cuyahoga County, or with the surety thereon a surety company authorized to do business in the State of Ohio. The bond shall be to the approval of the Director of Law, shall be conditioned upon faithful observance of all the conditions of this chapter and shall also indemnify any purchaser who suffers any loss by reason of misrepresentations of a sale authorized hereunder. The bond shall continue in effect for a period of one (1) year. The permittee shall notify the Mayor or designee of any suit filed as a result of the operations hereby authorized.
(Ord. 67-1962. Passed 12-3-62; Ord. 153-2021. Passed 12-6-21.)
721.06 PERMIT APPLICATION.
   A person desiring to conduct a going-out-of-business, removal of business, fire and other altered goods sale or sale of a similar character shall make a written application to the Mayor or designee setting forth and containing the following information:
   (a)   The true name and address of the owner of the goods to be the object of the sale.
   (b)   The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition.
   (c)   A description of the place where such sale is to be held.
   (d)   The nature of the occupancy, whether by ownership, lease or sublease and the effective date of termination of such occupancy or ownership.
   (e)   The dates of the period of time in which the sale is to be conducted, and the hours of sale upon such dates.
   (f)   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 the sale will be conducted.
   (g)   The means to be employed in advertising such sale, together with the proposed content of any advertisement.
   (h)   A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records. The inventory shall be attached to and become part of the required application.
      (1)   All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.
      (2)   Such inventory shall not include goods ordered in contemplation of conducting a sale regulated hereunder. Any unusual purchase or additions to the stock of goods of the business hereby affected within thirty (30) days before the filing of an application hereunder shall be deemed to be of such character.
         (Ord. 67-1962. Passed 12-3-62; Ord. 153-2021. Passed 12-6-21.)
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