481D-3 Posting of notice. (a) A person required to post notice under this chapter shall post a notice which shall be not less than twenty-two inches by thirty-three inches in size and posted in a conspicuous place that is visible and readable outside the place of business where the sale is to be held. The notice shall be signed under penalty of perjury. Where the person is a corporation, the notice shall be signed by two officers. Where the person is a partnership, the notice shall be signed by two partners. The notice shall include the following:

(1) The name and address of the owner of the goods being sold. If the owner is a partnership, corporation, firm, or association, the notice shall contain the full name and position of the individual filing the notice;

(2) The type of sale and manner in which the sale is to be conducted and the address where the sale is to be conducted;

(3) The dates and times during which the sale is to be conducted;

(4) The name and street address of the person in charge of and responsible for the conduct of the sale;

(5) An explanation regarding the condition or necessity for the sale, including a statement of the descriptive name of the sale and the reasons why the name is truthfully descriptive of the sale. The notice shall contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale. If the sale is with respect to a removal sale, it shall contain a statement that the business will be discontinued at the premises where the sale is to be conducted upon termination of the sale, in addition to the location of the premises to which the business is to be moved. If the sale is with respect to the sale of goods damaged by fire, smoke, water, or otherwise, the notice shall contain a statement as to the time, location, and cause of the damage;

(6) The notice shall state that an inventory report form, containing a detailed list and inventory of each item of inventory costing over $100 to be sold, itemizing the goods to be sold, and containing sufficient information concerning each item, including make and brand name, shall be available for inspection on the store premises on request. The inventory report form shall list separately goods that were purchased during the sixty-day period immediately prior to the date of posting the notice showing the cost price of each item to the owner of the inventory together with the name and address of the seller of the item to the owner of the inventory, the date of purchase, the date of delivery to the owner of the inventory, and the total value of the inventory at cost;

(7) A statement that no goods will be added to the inventory after posting the notice or during the sale, and that the inventory contains no goods received on consignment; and

(8) A statement disclosing the date from which the person has maintained a place of business within the State prior to the posting of the notice.

(b) This section shall not apply to any person who acquired a right, title, or interest in the goods:

(1) As an heir, devisee, legatee, or surviving joint tenant;

(2) As an executor, administrator, trustee, guardian, or conservator; or

(3) Pursuant to an order or process of a court of competent jurisdiction. [L 1994, c 98, pt of 1; am L 1996, c 271, 3; am L 2008, c 19, 19]

 

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