Chapter 1 - Going Out Of Business Or Distress Merchandise Sales
- Section 8-13-1 Definitions
Unless otherwise provided, the following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section: ...
- Section 8-13-2 License — Required; display on premises of sale; display of license number and date of issuance in advertising
(a) It shall be unlawful for any person to sell, offer for sale, or advertise for sale at a going out of business sale ...
- Section 8-13-3 License — Application
An applicant for a license to conduct a going out of business sale or a distress merchandise sale shall file an application with the ...
- Section 8-13-4 License — Bond required of applicant
(a) Every applicant for a going out of business sale or distress merchandise sale license shall execute and file with the probate judge to ...
- Section 8-13-5 License — Public hearing on application
The probate judge to whom the application for a going out of business sale or distress merchandise sale license is made, or his designee, ...
- Section 8-13-6 License — Investigation; investigation fee; cost of independent audit; applicant's refusal to pay investigation fee and costs
(a) When an application for a license to conduct a going out of business sale or distress merchandise sale is filed, the probate judge ...
- Section 8-13-7 License — License issued only to bona fide merchant
No license for a going out of business sale or a distress merchandise sale shall be issued except to a bona fide licensed merchant ...
- Section 8-13-8 License — Fee generally; renewal fee; issuing fee; costs of investigation and public hearing
(a) For a license for a going out of business sale or distress merchandise sale issued for 30 days or less, the applicant shall ...
- Section 8-13-9 License — When probate judge to issue license
A license shall be issued to an applicant when the probate judge to whom the application for a going out of business sale or ...
- Section 8-13-10 License — Restrictions on issuance
No license shall, under any circumstances, be granted to any persons, applicant, or owner within a period of two years after the termination of ...
- Section 8-13-11 License — Surrender of business licenses
At the time a license is issued hereunder for a going out of business sale, the applicant shall surrender to the probate judge issuing ...
- Section 8-13-12 License — Duration of license; sale prohibited between November 15 and December 31; extension of license
A license for a going out of business sale or distress merchandise sale shall be limited to a period of 30 consecutive business days, ...
- Section 8-13-13 License — Revocation or suspension
The probate judge issuing a license for a going out of business sale or distress merchandise sale may revoke or suspend the same if ...
- Section 8-13-14 Use of trade, business or firm name of licensee after issuance of license
It shall be unlawful for any person to use the trade, business, or firm name of a licensee for a period of one year ...
- Section 8-13-15 Sales to be held only at regular store hours; exceptions
No going out of business sale or distress merchandise sale shall be held at times other than regular store hours of the applicant, except ...
- Section 8-13-16 Advertising
A licensee shall not advertise a going out of business sale or distress merchandise sale earlier than seven days prior to the date on ...
- Section 8-13-17 Sale limited to inventoried stock; additions to inventory
(a) During any going out of business sale or distress merchandise sale, it shall be unlawful for a licensee to sell, offer for sale, ...
- Section 8-13-18 Daily report of merchandise received; failure to report ground for license revocation
A licensee in a going out of business sale or distress merchandise sale shall file with the probate judge issuing the license a daily ...
- Section 8-13-20 False bidders, etc., prohibited
No person who is not a bona fide potential purchaser shall act at any going out of business sale or distress merchandise sale as ...
- Section 8-13-21 Licensee to be in continuous attendance at sale; licensee responsible for violations of chapter
The person to whom a license has been granted under this chapter, or his authorized representative, shall remain in continuous attendance at all times ...
- Section 8-13-22 Penalties for violation of chapter; each sale, etc., constitutes separate offense
(a) A person convicted of a willful violation of any of the provisions of this chapter shall be fined not more than $100 and ...
- Section 8-13-23 Chapter not applicable to certain sales
In the following cases the provisions of this chapter shall not apply: (1) Sales for the estate of a decedent by the personal representative, ...
