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.
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O~:dinance No. 1973-. 37
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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.
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Ordinance No. 19~3- 37
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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
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