East Cleveland leader. [volume] (East Cleveland, Ohio) 1942-1970, 1963-05-16
ORDINANCE NO. 5466

Pub: May l6, 1868.
ORDINANCE NO. 5466
By: Mr.. Fellows
AN EMERGENCY OR
DINANCE REGULATING
AND PROVIDING FOR
THE LICENSING OF
AUCTIONS AND GOING
OUT OF Blu SIN E S S
SALES.
WHEREAS AN emergency
exists for the immediate pres.
ervation of the public peace
property, health and safety, the
emergency being to provide fo,
the regulation Of auctions anC
going out of business sales
; within the City of East Cleve-
land.
NOW THEREFORE BE IT
! ORDAINED by the commission
of the City of East Cleveland
Ohio, four-fifths of all members
elected thereto concurring.
SECTION 1: DEFINITIONS
OF AUCTION AND GOING
OUT OF BUSINESS" SALE.
(a) A sale or offering for
sale to the highest bidder of
any goods. wares, or merchan-
disc in any building or in any
of the streets or other public
places where any and all per-
sons who choose are permitted
to attend and offer bids, shall
be deemed to constitute a pub
lie auction within the meaning
of this ordinance. Such sale at
auction shall be held only for
the purpose of liquidating
estates, businesses. and to
satisfy creditors, and shall not
be permitted as an established
merchandising practice.
OBJ A "going out of business
sale shall include removal,
loss, termination, loss or expir-
alton of lease. closing out,
liquidation, creditors, damaged
goods, forced sale, distress
stock, or any other term which
shall reasonably lead the public
to believe that the owner or
offerer of such goods, wares, or
merchandise, either by choice
or necessity will not longer con-
tinue to engage in bushes at
the same location. This section
shall not be deemed to apply to
any person who sells, offers for
sale. announces or advertises
for sale, goods, wares, or mer-
chandise. at a reduction in
price. when such reduction in
price is made in the normal
course of business operation,
nor to any person executing a
process or order of court of
competent jurisdiction, nor to a
creditors sale conducted by a
licensed auctioneer. which does
not exceed one days duration.
SECTION 2: LICENSE RE-.
QUIRED. No person, firm or.
corporation shall conduct or per-
nit a public auction or "go-
ing out of business" sale with
in the limits Of the City of East
Cleveland without first obtain
ing a license therefor as here
matter provided.
SECTION 8: APPLICATION
FOR LICENSE. Each applicant
for a license required by Section
? shall make an application
to the City Manager
not later than thirty 800 days
prior to the auction or adver-
tising or offering for sale of
any goods, wares or merchan-
disc. Such application shall be
on forms provided by the City
Manager which shall include, in
addition to the name and the
address Of the applicant the
name and address of the person
in whose behalf such sale or
auction will be conducted, if
such be other than the appii-
cant, the date when such sale
shall commence and the COM
plete inventory, including the
quality. kind, character and
wholesale market value OF the
goods, wares or merchandise to-
be offered for sale.
The information shall be pre-
pared in the following manner:
(a) A listing of all goods,
wares or merchandise which
have been in stock fifteen (15)
days or longer prior to the date
Of such application.
(b) A listing Of all goods,
wares or merchandise received
in stock within the fifteen (15)
days Immediately prior to the
date of such application.
(c) A listing of all goods,
wares or merchandise which
have been or will be ordered
and placed in stock during the
pendency of such sale.
Cd Such other information
relative to the business as may
be deemed necessary by the
City Manager.
If the inventory itemized in
the original application is not
disposed of within the required
time, the City Manager may, as
hereinafter provided, renew
such license. The fee for such
renewal shall be determined by
the wholesale value of the in
ventory itemized in an applica-
tion for license renewal. which
form shall be provided by the
City Manager.
SECTION a: FEES. Each ap-
lication for a license or license
renewal for any thirty 800 day
period or part thereof shall be