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1973-037 OrdinanceOP~D~~CE NO. 19 73 - 37 Offered by Councthnan Lo~ry A~iENDINC AND SUPPLEHENTINC 1lie VILIACE CODE OF 1960 BY THE ADDITION OF A NEW CHAPTER 55 THEREOF, RECULATINC DISCONTINUINC BUSINESS SALES, PROVIDING FOg LICENSES AND ENFORCEI./ENT OF 'Dig PROVISIONS HEREOF. BE IT ENACTED BY ~tIE COUNCIL OF ~Ig CITY OF FAIRLAWN: Section 1. The Village Code Of 1960 is hereby amended and supplemented by the adoption and addt[ton thereto of the following Chapter 55: Ctt A P T g R .5 5 Dtsconttnutn~ Business Sales 55.01 License required. 55.05 Investigation; oaths 55.02 Appl~CaCion 55.06 Exceptions. 55.03 Fee~ term 55.07 Advert tsir~ Addin~ goods prohibited 55.04 .55.01 Ltc. ense r.,equtred. No person shall advertise, announce, conduct or hold out by any means or device, any sale of ~oods, ~ares ~r ~hich is caused or occasioned by the intention o£ the discon- tinuin3 business unless licensed as p~ovfd~.d herein. 55.02 Application Upon qpplica~t_on co the Chief of Police for a license, the appltcaltl'~ shall make a £ull disclosure under oath of the follo~in~ information; (a) The true name of the o~ner o£ the §oods, ~ares or mer- chandise to be offered for sale and the name of the operator o£ the sale if a person other than the true oumer; (b) A ful! and complete inventory of the quantity, kind and character of the articles co be offered /or sale, which shall be prepared in the followtr~ manner: (1) An itemized listing of all articles and the quanCi~tes thereof rematnir~ unsold which have been in stock on the premises where such sale is to be conducted for a period of /i£teen days or lon~er prior to the application for the license; (2) An itemized listtn§ of all articles and the quantities thereof received in stock on the premises within ,the fifteen days immediately precedtr~ the application for the license; (3) An itemized listing, of all articles and the quantities thereof which have been ordered to be placed in stock aC such premises during the pendency of the sale, and ~he reason £or the ur§ent and expeditious disposal Che=eo£; (c) Provided, however, that all articles itemized as provided in this section shall be goods, ~ares or merchandise purchased by the appltca n~ for resale on bona fide orders ~ithouc cancella- tion prtvtle8es and shall not comprise any articles purchased on consi§nment. Ordinance No. 19 73 -. 37 Pa~e 1 O~:dinance No. 1973-. 37 Page 2 55,03 Fee; t:erm, , Any license shall be effective £or not more than £orty-£ive days but may be renewed /or an additional like period upon satisfactory proof that the ;sods itemized in the oft§ina1 application have no~ been sold. No other such license shall be ;ranted to the same person £ot one year £ollowtng the expiration of a previous license or renewal under this chapter. The applicant £or a license under this chapter Shall pay to the Chte£ o£ Police a license £ee equal to one-fourth o£ one pea- cent of the cost o£ merchandise listed in the inventory required by Section 55.02 but in no event less than twenty-five dollars ($25.00). 55.0~ Addinj~ Roods prohibi:ed. No licensee under this chapter shall, during the continuance o£ such sale, add any 8sods, wares st merchandise to the stock described and inventoried in his original application [o: a license, and no ~oods, ~a~es or merchandise shall be sold at or durir~ the sale, except as described and inventoried in the original application; and each and every addition o£ goods, wares or merchandise to such stock on the premises, and each sale o£ such goods, wares or merchandise as shall not have been described and inventoried in such original application, and each £alse statement of fact in such application shall constitute a separate o££ense. .55.0.5. In.v_est/~a_ttons; oaths The Hayor shall make or cause to be made such investigations and inquiries throughout the conduct of any sale as he shall deem advisable to e££ectuate the purposes o[ this chapter, and and the Hayor is authorized to administer oaths in connection with the taking of testimony p~rta/ning th~.reto. 55.06 Except tons. This chapter shall not apply to sale, conducted by sheriffs, constables or other public or court officials, or to any person acting under the direction or authority of any court, State or federal, selling ~oods, wares and merchandise in the course of his official duties; nor to sales by licensed auctioneers. 55.07 Advertising. If the ownership of the establishment discontinuing business has chan~ed hands in the preceding twelve months, all signs and advertising relative to the sale shall bear the name of the true owner, but may refer to the former owner or the trade name used by him, provided that: (a) Such reference is subordinated in space and letter size to the name of the true owner, and (b) All goods not remaining from the stock of the former owner shall be separated and clearly identified as goods of the new owner during the course of such sale. Ordinance 19 73 - 37 Page 2 Ordinance No. 19~3- 37 Page 3 The use of any untrue, deceptive or misleadin~ advertising or violation o£ any requirement o£ this chapte, r shall, in addition co any ocher penalty, be srounds£or revocation o£ the license for such sale. All signs and other advertising o£ such sale shall bear the number and date o£ the license issued under this chapter. A business establishment owned by a corporation shall be considered to change ownership upon transfer, in one or more transactions, of more than £t£ty percent of the shares of such corporation to any one person, partner- ship, association or ocher corporation, and such person, partnership, association or other corporation so owning more than fifty percent of the outstanding shares of a corporation owning such business establishment shall be considered to be the true o~ner o£ such business establishment /or the purposes of this chapter, Section 2. This Ozdtnance shall become ef£ecttve from and after ten days a£ter its first publication by posting. P~e~ident of: Council ., Approved as tO'fOrm: I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County, Ohio, do l~reby certify that the foregoing Ordinance 1973-37 was duly and regularly passed by the Council at a Regular Meeting on February 19, 1973. William F. Reed, Clerk of Council Ordinance 19 73- 37 Pase 3