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ORDINANCE NO. 26-83 <br /> <br />BY: Brown, CHinnock, Gallagher, Graham, <br /> McBride, Salmon, Wendling <br /> <br /> AN EMERGENCY ORDINANCE to repeal Chapter 701 of the Business Regulation <br />Code of the Codified Ordinances of the City of Lakewood relating to auctions of <br />merchandise. <br /> <br /> WHEREAS, on March 23, 1982, the legislature of the State of Ohio adopted <br />AM. HB 608 revising the Auctioneers Licensing Law which became effective on July <br />9, 1982, and <br /> <br /> WHEREAS, Ohio Revised Code, Section 4707.111 as adopted provides in <br />part as follows: <br /> <br />"By enactment of Chapter 4707 of the Ohio Revised Code, it is <br />the intent of the General Assembly to prempt municipal corpor- <br />ations and other political subdivisions from the regulation and <br />licensing of auctioneers and auction sales." <br /> <br />and <br /> <br /> WHEREAS, in view of the premption by the State of local regulations <br />with the adoption of AM. HB 608, our Chapter 701 of the Business Regulation Code <br />relating to auctions of merchandise has, in effect become unenforceable and <br />should be repealed, and <br /> <br /> WHEREAS, this ordinance constitutes an emergency measure providing for <br />the public safety and welfare, and for the usual daily operation of a municipal <br />department; now, therefore, <br /> <br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: <br /> <br /> Section 1. That Chapter 701 of the Business Regulation Code of the <br />Codified Ordinances of the City of Lakewood entitled "Auctions of Merchandise" <br />adopted December 21, 1931, shall be and the same is hereby repealed in its <br />entirety. <br /> <br /> Section 2. It is found and determined that all formal actions of this <br />Council concerning and relating to the passage of this ordinance were adopted in <br />an open meeting of this Council, and that all such deliberations of this Council <br />and of any of its committees that resulted in such formal action were in <br />meetings open to the public, in compliance with all legal requirements including <br />Section 121.22 of the Ohio Revised Code. <br /> <br /> Section 3. That this ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and provided it receives <br />the affirmative vote of two-thirds of all members of Council, it shall take <br />effect and be in force immediately upon its adoption and approval by the Mayor; <br />otherwise it shall take effect and be in force after the earliest period allowed <br />by law. <br /> <br />Adopted: <br /> <br />Approved:~ <br /> <br /> <br />