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Warren Overview
Warren, OH Codified Ordinances
CODIFIED ORDINANCES OF THE CITY OF WARREN, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 701 Licensing Generally
CHAPTER 705 Police Alarm Systems
CHAPTER 707 Auctions
CHAPTER 709 Barbershops
CHAPTER 711 Beverage Sales
CHAPTER 713 Boxing and Wrestling
CHAPTER 715 Billiard and Pool Rooms
CHAPTER 717 Circuses and Carnivals
CHAPTER 719 Cosmetologists
CHAPTER 721 Food Handling Establishments
CHAPTER 723 Garage Sales
CHAPTER 725 Jewelry Auctions and Going-out-of-Business Sales
CHAPTER 726 Going-Out-of-Business Sales
CHAPTER 727 Junk Yards
CHAPTER 729 Mechanical Amusement Devices
CHAPTER 731 Oil and Gas Wells
CHAPTER 735 Peddlers, Solicitors and Itinerant Vendors
CHAPTER 737 Private Investigators
CHAPTER 738 Security Guards
CHAPTER 739 Tobacco Products
CHAPTER 741 Secondhand Dealers
CHAPTER 745 Taxicabs
CHAPTER 747 Trailer Parks
CHAPTER 749 Licensed Towing
CHAPTER 752 Massage Establishments
CHAPTER 753 Body Piercing
CHAPTER 755 Clean Indoor Air
CHAPTER 760 Special Events
CHAPTER 762 Pesticide Application
CHAPTER 770 Off-Site Infectious Waste Treatment Facilities
CHAPTER 780 Landscapers
CHAPTER 785 Video Service Providers
CHAPTER 786 Clothing Donation Containers; Recycle Bins
CHAPTER 787 Marijuana/Adult-Use Cannabis Dispensary Facility Regulations, and Zoning Requirements for Such Operations
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
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   725.03 LICENSE REQUIRED.
   No person shall sell or offer for sale at public auction, or as a going-out-of-business sale, as defined in this chapter, any gold, silver, plated ware, precious stones, watches, clocks, jewelry or like merchandise, whether the same be his property or that of another, unless licensed to do so as hereinafter provided. Nothing contained in this chapter shall be deemed to apply to any person executing a process or order of a court of competent jurisdiction, nor to licensed pawnbrokers nor loan companies selling or offering for sale unredeemed pledges or chattels in the manner provided by law.
(Ord. 4509/53. Passed 12-7-53.)
   725.04 APPLICATION FOR LICENSE.
   An applicant for a license required by Section 725.03 shall file an application therefor with the Mayor, not later than thirty days prior to the auction sale, or going-out-of-business sale, to be licensed upon forms prescribed by the Mayor, which shall include, in addition to the name and address of the applicant, and the location and time of the proposed auction sale, or going-out-of-business sale, a sworn statement of the stock on hand and the stock to be offered at auction or going-out-of-business sale, the quantity, kind or grade of each item, the wholesale market value thereof and the name of the owner of such merchandise for at least one year prior to the proposed auction sale or going-out-of-business sale thereof and such other information as the Mayor shall prescribe.
(Ord. 4509/53. Passed 12-7-53.)
   725.05 BOND REQUIRED.
   Every applicant shall execute and file with the Mayor a good and sufficient bond in the sum of two thousand five hundred dollars ($2,500), with two or more sureties thereon who shall be freeholders within the City, or with the surety thereon a surety company authorized to do business in the State of Ohio, and which bond shall be to the approval of the Director of Law, and shall be conditioned upon faithful observance of all the conditions of this chapter and shall also indemnify any purchaser at the public auction or going-out-of-business sale who suffers any loss by reason of misrepresentations in such sale. The bond shall continue in effect until expiration of the statute of limitations on all claims secured by such bond. The licensee shall notify the Mayor of any suit filed as a result of the operations hereby licensed. Any purchaser claiming to have been damaged by misrepresentation in the auction sale or going-out-of-business sale may maintain an action at law against the licensee making such misrepresentations, and may join as party defendant the surety or sureties on the bond as herein provided.
(Ord. 4509/53. Passed 12-7-53.)
   725.06 HEARING; FEE.
   Upon receipt of any such application the Mayor shall set a time and place for a public hearing thereon not later than two weeks thereafter, notice of which hearing shall be published in a local newspaper of general circulation. When satisfied as a result of such public hearing or otherwise that neither any fraud nor deception in the conduct of the sales or in the advertising thereof, nor any misrepresentation of the goods to be sold, is intended or will be practiced, the Mayor upon receipt of the bond required by Section 725.05 , duly approved by the Director of Law as to form and the City Auditor as to sufficiency, shall issue to the applicant a license for which application has been made. The license fee shall be one hundred dollars ($100.00) for the first thirty days or less, and a renewal fee of one hundred dollars ($100.00) for an additional thirty days or less.
(Ord. 4509/53. Passed 12-7-53.)
 
   725.07 NONISSUANCE OF LICENSE.
   No such sale by auction or going-out-of-business sale, shall be licensed or held in the month of December. No such sale by auction or going-out-of-business sale shall be licensed or permitted for a period of more than thirty days, Sundays and legal holidays excepted. Such thirty days shall be consecutive except as to Sundays and legal holidays, and from December 1 to December 31, inclusive, except that if licensee does not sell the quantity of merchandise permitted under Section 725.09 , he may make application for an extension of the thirty day period. No license hereunder shall be issued for the sale of stock on hand of any person who shall not for the period of one year next preceding such sale have been continuously engaged in the City in the business of selling such merchandise at wholesale or retail; nor shall a license be issued for the sale or offering for sale at public auction or going-out-of-business sale of stock on hand by any purchaser thereof from a person that shall not for the period of one year next preceding any such purchase have been continuously engaged in and upon the same premises wherein the sale is to be held in the business of selling such merchandise at wholesale or retail. No such license shall under any circumstances be granted to any person within a period of two years after the termination of such sale by auction or going-out-of-business sale by such person held or conducted hereunder. No person who has been convicted of violating any of the provisions relating to the conduct of jewelry auctions, or going-out-of-business sales shall be granted a license for such sale or sales or act as auctioneer or be employed in any manner at or in connection with any sale or auction or going-out-of-business sale licensed hereunder for a period of five years after such conviction.
(Ord. 4509/53. Passed 12-7-53.)
   725.08 LABELING ARTICLES.
   No person licensed hereunder shall offer for sale by auction or going-out-of-business sale any article to which there is not attached a card or ticket or label containing a true and correct statement plainly written or printed in English, specifying the kind and quality of the metal of which such articles are made or composed, or the percentage or karat or purity of such metal. If such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind of plate. When precious stones are for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such written statement shall set forth the true name, weight and quality of such stone or stones. When semi-precious stones are offered for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such written statement shall set forth the true name of such stones. When imitations of precious or semi-precious stones are offered for sale or sold by auction or going-out-of-business sale as such or as part of an article of jewelry, such imitations shall be described or defined as synthetic or imitations of such stones as they purport to represent. When watches and clocks are sold, the true names of the manufacturers shall be stated in writing and no parts of the movements or mechanism thereof shall be substituted or contain false and misleading names or trade marks, neither shall secondhand or old movements be offered for sale in new cases without a true statement to that effect. Used and rebuilt watches should be so indicated by tag or label. Such tag or label shall remain securely attached to any such article or merchandise; shall be delivered to the purchaser as a true and correct description and representation of the article sold, and shall be deemed prima-facie evidence of intent to defraud in case such written statement is not a true and correct description and representation of such articles sold.
(Ord. 4509/53. Passed 12-7-53.)
   725.09 LIMITATION UPON ARTICLE TO BE SOLD.
   During any sale by auction or going-out-of-business sale no additions whatsoever shall be made to the stock of merchandise set forth in the inventory attached to the application for license, and nothing shall be offered for sale or sold at any such sale by auction or going-out-of-business sale which is an addition to the stock of merchandise described in the inventory, or which has been added to the applicant's stock within a period of thirty days prior to the date the applicant filed application for license. Under no circumstances shall the inventory offered for sale at auction or at a going-out-of-business sale exceed by fifty percent the average inventory carried by the applicant over the preceding five years, nor shall the inventory offered for sale at auction or a going-out-of-business sale exceed by fifty percent the average inventory carried for the period of time the applicant has been in business. Any abnormal purchases during the year prior to the application for a license shall be cause for refusal to issue a license.
(Ord. 4509/53. Passed 12-7-53.)
   725.10 MISREPRESENTATION.
   No licensee, his agents or employees shall make any statements which are false in any particular, or which have a tendency to mislead or to make any misrepresentation whatsoever with references to any article sold or offered for sale during such auction or going-out-of-business sale.
(Ord. 4509/53. Passed 12-7-53.)
 
   725.11 SHILLS.
   No person shall act at any such sale by auction or going-out-of-business sale as bidder, or what is commonly known as a "capper, " "booster, " or “shiller”, or offer or make any false bid, or offer any false bid to buy or pretend to buy any article sold or offered for sale at any sale by auction, or going-out-of-business sale.
(Ord. 4509/53. Passed 12-7-53.)
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