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Elyria, OH Code of Ordinances
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721.04 CONFIDENTIAL INFORMATION.
   The filing of an application for a license, the contents of such application and the issuance of the license shall be confidential information and no disclosure thereof shall be made, except such as may be necessary in the administration of the provisions of this chapter. However, disclosure may be made with the consent of the applicant.
(Ord. 61-72. Passed 6-19-61.)
721.05 BOND REQUIRED.
   No license shall be issued for a distress merchandise sale unless there is filed with the Director of Safety-Service a bond in an amount equal to ten percent of the inventory value of all the goods, wares and merchandise to be offered at sale, with sureties thereon approved as to sufficiency by the Director.
   The bond shall be conditioned upon the faithful observance of all the conditions of this chapter and the indemnifying of any purchaser at the sale who suffers any loss by reason of any misrepresentation made in connection with the sale. The bond shall authorize actions thereunder by the City for the violation of any provision of this chapter, and by any purchaser at the sale for damage or loss incurred by him by reason of any misrepresentation made in connection with the sale. The bond shall be approved as to form by the City Law Director.
(Ord. 61-72. Passed 6-19-61.)
721.06 LICENSE ISSUANCE.
   When it appears to the Director of Safety-Service that all of the statements of the application are true and that the proposed sale is of the character represented therein, that the application is in full compliance with the terms and conditions of this chapter and that the required license fee has been paid and the bond filed, the Director shall issue a license to the applicant authorizing the applicant to advertise and conduct the sale as described in the application subject to the following conditions:
   (a)   The sale shall be held at the place named in the application and by the particular licensee for a period of not more than thirty consecutive calendar days. No sales shall be conducted on Sundays or legal holidays.
   (b)   Only the goods, wares and merchandise included in the inventory attached to the application shall be sold at the sale. Upon the commencement of the sale and for its duration the license issued hereunder shall be prominently displayed in the place of sale by the licensee.
   (c)   The licensee shall keep accurate records during the sale at the location in which the sale if conducted, which shall be open to examination by the Director or his examiners. These records shall reveal the amount of retail sales, the cost of goods on back order received and other information relative to the sale which may be reasonably required by the Director.
   (d)   The Director shall revoke any license issued pursuant to the provisions of this chapter if he finds that the licensee has violated any provision of this chapter, has made any material misstatement in his application, has failed to include in the inventory required by the provisions of this chapter all the goods, wares and merchandise being offered for sale, has added or permitted to be added to the sale any goods, wares or merchandise not described in the original application and inventory, or has failed to keep suitable records of the sale.
(Ord. 61-72. Passed 6-19-61.)
721.07 FEE.
   The fee for a license issued under this chapter shall be one hundred dollars ($100.00).
(Ord. 61-72. Passed 6-19-61.)
721.08 EXTENSION OF SALE.
   The Director of Safety-Service shall, upon application therefor five days prior to the thirtieth day of the sale, extend the period of the distress merchandise sale for whatever period of time he deems reasonable, provided that he finds from the records of the sale that more than sixty percent of the goods, wares and merchandise included in the inventory remains unsold. Further, the Director shall, upon application therefor five days prior to the last day of the sale, extend the period of the distress merchandise sale for an additional reasonable period of time, provided that he finds from the records of the sale that more than thirty percent of the goods, wares and merchandise included in the inventory remains unsold.
(Ord. 83-112. Passed 5-16-83.)
721.09 EXAMINATION OF RECORDS.
   The Director of Safety-Service may, at his discretion, appoint qualified persons for the examination of the inventories, records and applications provided for under this chapter. All information obtained by such persons or any City employee or official shall be confidential.
(Ord. 61-72. Passed 6-19-61.)
721.10 OFFICIAL SALES EXEMPT.
   The provisions of this chapter shall not apply to any sale conducted by a public officer as part of his official duties or to any sale an accounting of which must be made to a court of law, or to any sale conducted pursuant to an order of a court of law.
(Ord. 61-72. Passed 6-19-61.)
721.99 PENALTY.
   Whoever violates any of the provisions of this chapter shall be fined not more than fifty dollars ($50.00). Each day's violation shall constitute a separate offense.
(Ord. 61-72. Passed 6-19-61.)