For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
(a) "City" means the City of Kent, Ohio.
(b) "City License Officer" means the City Manager of the City.
(c) "Fire and other altered goods sale" means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods damaged or altered by fire, smoke, water or other means.
(d) "Going-out-of-business sale" means a sale held out in such a manner as to reason-ably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including but not limited to the following sales: adjuster's; adjustment; alteration; assignee's; bankrupt; benefit of administrators; benefit of creditors; benefit of trustees; building coming down; closing; creditor's committee; creditor's end; executor's; final days; forced out; forced out of business; insolvents'; last days; lease expires; liquidation; loss of lease; mortgage sale; receiver's; trustee's; quitting business.
(e) "Goods" means and includes any goods, wares, merchandise or other property capable of being the object of a sale regulated hereunder.
(f) "Person" means any person, firm, partnership, association, corporation, company or organization of any kind.
(g) "Removal of business sale" means a sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of sale upon disposal of the stock of goods on hand and will then move to and resume business at a new location in the City or will then continue business from other existing locations in the City. (Ord. 1962-83. Passed 7-2-62.)
A license issued by the City License Officer shall be obtained by any person before selling or offering to sell any goods at a sale to be advertising or held out by any means to be one of the following kinds:
(a) Going-out-of-business sale;
(b) Removal of business sale;
(c) Fire and other altered stock sale. (Ord. 1962-83. Passed 7-2-62.)
(a) Established Business Requisite. Any person who has not been the owner of a business advertised or described in the application for a license hereunder for a period of at least six months prior to the date of the proposed sale shall not be granted a license. Upon the death of a person doing business in this City, his/her heirs, devisees or legatees shall have the right to apply at any time for a license hereunder.
(b) Interval Between Sales. Any person who has held a sale, as regulated hereunder, at the location stated in the application, within one year last past from the date of such application shall not be granted a license.
(c) Restricted Location. Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one 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 licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with it or participating in any way in the licensed sale.
(d) 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;
(4) Persons conducting a sale of the type regulated herein on August 1, 1962, unless such sale is continued for a period of more than thirty days from and after such effective date, in which event, such person, at the lapse of the thirty-day period, shall comply with the provisions of this chapter;
(5) 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 this chapter has not been complied with. (Ord. 1962-83. Passed 7-2-62.)
Loading...