725.01 Definitions.
725.02 Intent.
725.03 License required.
725.04 Application for license.
725.05 Bond required.
725.06 Hearing; fee.
725.07 Nonissuance of license.
725.08 Labeling articles.
725.09 Limitation upon article to be sold.
725.10 Misrepresentation.
725.11 Shills.
725.12 Attendance.
725.13 Regulations.
725.14 Revocation or suspension of license.
725.99 Penalty.
CROSS REFERENCES
Power to regulate - see Ohio R.C. 715.64
Auctions - see BUS. REG. Ch. 707
(a) "Public auction" means a sale or offering for sale to the highest bidder of any gold, silver, plated ware, precious stones, watches, clocks or jewelry, or like merchandise in any building, or in any of the streets or alleys, or in any other public place, where any and all persons who choose are permitted to attend and offer bids.
(b) A "going-out-of-business sale" of or in respect to a jewelry store or establishment, wholesale or retail, whereby any of the merchandise listed in the next paragraph is offered for sale to the public or to the ultimate customer, shall, within the meaning, requirements and provisions of this chapter, and wherever used in this chapter, include any sale or announcement, advertisement or offering for sale termed, described or referred to directly or indirectly, in form or in substance, as "Removal, " "Loss, " "Termination, Loss or Expiration of Lease," "Closing Out," "Liquidation," "Creditors," "Damaged Goods," "Forced Sale, " "Distressed Stock, " or by any other terms which shall reasonably lead the public to believe that the owner or offerer of such merchandise either by choice or necessity will no longer continue to engage in such business or that such sale is other than in the usual and ordinary course of business.
(c) "Stock on hand" as herein used means such gold, silver, plated ware, precious stones, watches, clocks or jewelry which a merchant usually and ordinarily carries through the year, and does not include gold, silver, plated ware, precious stones, watches, clocks, jewelry or like merchandise, purchased or otherwise acquired especially and purposely for sales at public auction or for a going-out-of-business sale.
(Ord. 4509/53. Passed 12-7-53.)
It is declared the legislative intent that jewelry auction sales or going-out-of-business sales, as herein defined, shall be held only to liquidate estates, businesses and to avoid bankruptcy or the like, and shall not be permitted as established merchandising practice.
(Ord. 4509/53. Passed 12-7-53.)
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