CHAPTER 705
Going out of Business Sales

705.01    Definitions.

705.02    Permit and fee.

705.03    Duration of sale restricted; extension.

705.04    Misrepresentation prohibited.

705.99    Penalty.

CROSS REFERENCES

Licensing of advertising - see Ohio R.C. 715.65

Consumer sales practices - see Ohio R.C. 1345.01 et seq.

705.01 DEFINITIONS.

   As used in this chapter:

   (a)    "Going out of business sale" means any sale to the public or offer to sell to the public goods, wares or merchandise upon the implied or direct holding out or representation that such sale is in anticipation of the ceasing, discontinuing or terminating a business at its present location.

   (b)    "Distressed merchandise sale" means any sale to the public or offer to sell to the public goods, wares or merchandise upon the implied or direct holding out or representation that such sale is being conducted under any one or combination of the following circumstances, whether or not such sale is in anticipation of the cessation of business:

      (1)    Such goods, wares or merchandise were acquired from a person who has terminated business or is in the process of terminating business;

      (2)    Such goods, wares or merchandise were acquired from another store of the person conducting the sale at which he has terminated business or is in the process of terminating business; or

      (3)    Such goods, wares or merchandise were acquired for resale at reduced prices, which reduced prices result from such goods, wares or merchandise having been involved, directly or indirectly, in fires, repossessions, receiverships, bankruptcies, wrecks or lease losses.

          (Ord. 62- 66. Passed 8-8- 66.)

705.02 PERMIT AND FEE.

   No person, firm or corporation shall conduct or advertise a going out of business sale in the City until such person, firm or corporation has first applied for and has obtained from the Director of Finance a permit to conduct such a sale. Applications for permits shall be made on forms provided by the Director of Finance.

(Ord. 165-93. Passed 11-8-93.)

705.03 DURATION OF SALE RESTRICTED; EXTENSION.

   (a)    No person, firm or corporation shall conduct or advertise a going out of business sale in the City for a period of time in excess of sixty days, which time limitation shall be indicated on the permit issued by the Director of Finance.

   (b)    Any person, firm or corporation conducting a going out of business sale may, upon application to the Director of Finance, obtain an extension of time within which to complete such sale upon a showing that such person, firm or corporation has complied fully with the provisions of this chapter, and that there remains on hand for distribution all or a portion of the merchandise originally sought to be sold at such sale. In no event shall the extension of time exceed thirty days.

(Ord. 62-66. Passed 8-8-66.)