§ 535.08. Refusal of license.  


Latest version.
  • (a)

    No closing-out sale license shall be issued if the commission finds any one or more of the following facts or circumstances to exist:

    (1)

    That the inventory contains goods not purchased by the applicant for resale on bona fide orders without cancellation privileges.

    (2)

    That the inventory contains goods purchased by the applicant on consignment.

    (3)

    That the applicant either directly or indirectly within three years prior to the date of application conducted a sale in connection with which he advertised or represented that the entire business conducted at the location designated in the application was to be closed out or terminated and such business was not closed out or terminated.

    (4)

    That the applicant was granted a license hereunder within one year preceding the date of application for a closing-out sale at the same location.

    (5)

    That the applicant has within five years preceding the date of application been convicted of a violation of the provisions of this chapter or has had a license issued pursuant to such sections revoked for good cause.

    (6)

    That the inventory of the goods to be sold at such sale contains goods purchased or added to the stock in contemplation of such sale and for the purpose of selling same at such sale.

    (7)

    That the applicant has not been in business at the location described in the application for at least one year prior to the date of application unless the applicant is the heir, devisee, or legatee of a former owner of the business or unless it is determined by the Columbus sale commission that this requirement would work an extreme hardship upon the applicant.

    (8)

    That the applicant in the ticketing of goods for the sale has misrepresented the original retail price or value thereof.

    (9)

    That any representation made in the application is false.

    (10)

    That the applicant has sold the business or contemplated selling the business to another person who will continue the business at the same location upon the termination of the sale.

    (b)

    No distressed-merchandise sale license shall be issued if the commission finds any one or more of the following facts or circumstances to exist:

    (1)

    That the applicant has within five years preceding the date of application been convicted of a violation of the provisions of this chapter or has had a license issued pursuant to this chapter revoked for good cause.

    (2)

    That the applicant has not been in business at the location described in the application for at least one year prior to the date of application unless the applicant is the heir, devisee, or legatee of a former owner of the business or unless it is determined by the Columbus sale commission that this requirement would work an extreme hardship upon the applicant.

    (3)

    That the applicant in the ticketing of goods for the sale has misrepresented the original retail price or value thereof.

    (4)

    That any representation made in the application is false.

(Sec. 13.8; Ord. 391-58.)