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CHAPTER 753
Temporary Stores
753.01   Definitions.
753.02   License required; fee.
753.03   All stores presumed to be temporary.
753.04   Exceptions.
753.05   Bond required.
 
753.99   Penalty.
   CROSS REFERENCES
   Power to regulate - see Ohio R.C. 715.64
   Distress merchandise sales - see BUS. REG. Ch. 721 
753.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Temporary store" means a store, storeroom, office or other place, opened and maintained for the sale to the public of commodities, goods, wares or merchandise, or opened and maintained for the furnishing of services not licensed by the State or the Federal Government, where the seller or owner thereof operates such a store, storeroom, office or other place for a period of less than 120 days.
   (b)   "Person" means any individual, association, partnership or corporation, or the operator for or the agent of any such person, who sells to the public at retail, through or by means of such temporary stores, any goods, wares, commodities or merchandise, or who furnishes services not licensed by the State or the Federal Government, except as herein provided.
(Ord. 67-160. Passed 7-6-67.)
753.02 LICENSE REQUIRED; FEE.
   No person shall engage in operating, managing or controlling a temporary store without first obtaining a license therefor from the Director of Safety-Service. The fee for such license shall be twenty-five dollars ($25.00). In addition, there shall be a bond furnished as required by Section 753.05.
(Ord. 81-222. Passed 9-9-81.)
753.03 ALL STORES PRESUMED TO BE TEMPORARY.
   Any store which is opened, operated and maintained in the City shall prima-facie be presumed to be a temporary store within the meaning of this chapter. Such presumption may be overcome by evidence that it is not a temporary store as defined in this chapter, in which case the Director of Safety-Service shall not be required either to require a license or take a bond in lieu thereof as provided in Section 753.05.
(R.O. 1946, C. 22, Sec. 15.)
753.04 EXCEPTIONS.
   This chapter shall not apply to persons selling by sample only, nor to persons selling agricultural products or articles of their own manufacture or production, nor to sales pursuant to the order of any court of competent jurisdiction in the State, nor to any person owning or operating a branch store, provided such person or the principal of such person, has been engaged in the same kind of business in the City for a period of more than 120 days prior to the date of opening such branch store.
(R.O. 1946, C. 22, Sec. 16.)
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