Section
830.01 Going-out-of-business sale defined
830.02 License required
830.03 License application
830.04 License issuance; conditions
830.05 License revocation
830.06 License renewal; fee
830.07 License fee; term
830.08 Exceptions
830.99 Penalty
Cross-reference:
Home sales, see B.R. & T. Ch. 834
Peddlers, see B.R. & T. Ch. 860
Temporary stores, see B.R. & T. Ch. 880
Statutory reference:
Auctions, see Ohio R.C. Ch. 1318
License revocation, see Ohio R.C. 2961.03
Power to license, see Ohio R.C. 715.61
(a) As used in this chapter, “going-out-of-business sale” means any offer to sell to the public or the sale to the public of goods, wares and merchandise on the implied or direct representation by word of mouth or written or oral advertising that such sale is in anticipation of the termination of a business at its present location, or that the sale is being held other than in the ordinary course of business.
(b) Without limiting the generality of the foregoing, “going-out-of-business sale” includes, but is not limited to, any sale advertised either specifically or in substance to be any one of the following:
(1) A going-out-of-business sale;
(2) A liquidation sale;
(3) A sale of 50 percent or more of the stock or the entire stock, or selling out to the bare walls;
(4) A lost-our-lease sale;
(5) A sale of the interest in the business establishment;
(6) An everything must go sale;
(7) A trustee’s sale;
(8) A bankrupt sale;
(9) A save us from bankruptcy sale;
(10) An insolvent sale;
(11) An assignee’s sale;
(12) A must vacate sale;
(13) A quitting business sale;
(14) A fire damage sale;
(15) A water damage sale;
(16) A receiver’s sale;
(17) A loss of lease sale;
(18) A forced-out-of-business sale;
(19) A removal sale;
(20) An executor’s sale;
(21) An administrator’s sale;
(22) A warehouse removal sale;
(23) A branch store discontinuance sale;
(24) A creditor’s sale, or forced to sell by creditors sale;
(25) An adjustment sale;
(26) A defunct business sale;
(27) A selling out an interest sale; or
(28) Any other term similar to any of the foregoing.
(Ord. 5743, passed 12-13-1973)
(a) Any person desiring to conduct a going-out-of-business sale shall, at least five days prior to the date on which the sale is to be commenced, make written application to the Director of Finance, on forms furnished by the Director and sworn to by the applicant before a person authorized to administer oaths. If, due to circumstances beyond the control of the applicant, an application cannot be made five days prior to the commencement of the sale, the Director shall waive the five-day requirement. Each application shall contain the following information and such other information as the Director may deem necessary:
(1) The name and address of the owner of the goods, wares or merchandise to be sold;
(2) The name and address of the person or business from whom such goods were acquired;
(3) The address where the sale is to be held;
(4) The commencement and termination dates of the sale;
(5) A statement as to whether the proposed sale is to be made by the applicant as the owner or acting on behalf of some other person; and if the applicant is acting on behalf of some other person, then the name and address of such person shall be furnished;
(6) A general description of the property and the approximate value thereof. A bill of sale from the former owner to the person who applies for the license to conduct such sale shall be sufficient if it generally describes the property so sold and its approximate value; and
(7) If the proposed sale of goods, wares and merchandise is advertised or offered for sale as being bankrupt stock, the name of the bankrupt firm, person or corporation, and where such bankruptcy adjudication occurred.
(b) No person, in contemplation of a going-out-of-business sale, shall order any goods, wares or merchandise for the purpose of selling and disposing of the same at such sale. Any unusual purchase and additions to the stock of such goods, wares and merchandise within 60 days prior to the filing of the application for a license to conduct such sale shall be presumptive evidence that such purchases and additions to stock were made in contemplation of such sale. If the Director, after he or she issues a license for any sale provided for by this chapter, discovers evidence that the person to whom the license has been granted had in truth and in fact violated this section, it shall be sufficient grounds for revoking the license.
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